My Dad has suffered with a sever bedsore that needed surgery while at nursing home. I haven't been able to get him moved to somewhere else because of our finances.
Call adult protective services in the area of the nursing home they will investigate. If this is happening to you it is happening to others. Also search for a certified Elder Law Attorney in your area and call them. You will need to turn up the heat on the nursing home to make the better to see change if you are not able to move him.
You can and should make a formal complaint if you believe that the severe bedsore resulted from neglect. You complain to the nursing home, and copy in APS. You also copy the nursing home's reply to APS. If it isn't satisfactory, you can then take your complaint further - get advice about procedures where you are.
Suing, though… what's your plan? To win enough damages in court to move him to a better facility? That is such a bad idea that I really don't know where to start. You would need to prove not only that he had a severe bedsore, and not only that he had surgery specifically for it, but that the nursing home was directly responsible for it and failed in their duty of care to him. You would have to prove that he was fine before they got their hands on him, that they had not done enough to try to prevent bedsores, and that they neglected to get him treatment promptly. Your chances of success are slim, the process would take an age, and meanwhile where is he going to live? In the home that's being sued for neglect? Think it through.
What communication have you had so far with the nursing home? What did they have to say for themselves about your Dad's condition and the surgery?
I realize that suing is the great American pastime, but rarely is it the most efficient way to solve a problem. And you don't hire a lawyer to sue, you hire a lawyer to help you solve a problem and get a desired result. It sounds like what you actually want is to have your father well taken care of. As others have pointed out, suing isn't the way to get there. If he is being neglected, call APS. Also contact the patient advocate and/or social worker at the SNF, if there is one, and your county office for aging. Have him moved if he is actively being neglected. I don't understand how your finances prevent you from moving him. Even if he's on Medicaid, there must be more than one SNF in your area that accepts it. Consult with a lawyer if you like, too, if suing is his/her first suggestion, find a more ethical lawyer. ps – What has the nursing director said about his bedsore? Bedsores sometimes happen regardless of how well cared-for a bed-bound patient is. If your dad has lots of other medical conditions that cause his skin to be even more fragile than is usual for all elderly people, I'd focus on how they've proposed treating the sore and preventing future sores.
From someone who's worked for plaintiff and defense medical malpractice lawfirms, these are the issues you need to consider, beyond those identified by CM.
What are the damages and physical injuries, on a short and long term basis? Are the damages permanent and irreversible? Do they affect and/or shorten quality of life?
How old is your father now and what are his medical conditions? Life expectancy is a consideration in damage calculation.
Was the treatment inconsistent with standard of care for similar injuries in your geographic area? Probably yes, but all the facts aren't known. E.g., if diabetes is involved, it complicates wound healing.
Don't forget that med mal in some states requires expert testimony. A med mal attorney would have to find a doctor to testify that there was neglect.
You're better off pursuing the complaint angle while looking for another home. You wrote that you can't do that because of finances... I don't understand that. Whoever is paying for care at this nursing home would presumably be the same person or entity to pay at any other nursing home.
Pursuing a complaint and moving him are your best options.
Have you checked with your local Ombudsman? They can look into the facility issues and make recommendations. Have you talked with other families? Are they seeing the same care problems within the facility? Your father is still there - how can you make this a better environment for him and if not, he needs to be transferred as soon as possible. Get informed about his care and the facility and what they feel they can do to resolve this. Good Luck to you.
Lawyers only sue where there is easy money, as when there is auto insurance and then they want it easy as possible. Nursing homes have insurance, but how do you put a value on the claim. Lawyers hate to spend time on a case, money is all they care about. If you have lots of money they will be happy to complicate things, and take all the cash you have. Lawyer seldom do much of anything but play God.
No Mudiver, money is not all some lawyers care about. A judge can throw out the case if it is frivolous. Some lawyers do work pro bono or for free. That could be an avenue for soncare4056 to check into.
It may surprise some people but there are good and ethical lawyers. We need them in our society and they often help those who need help the most. My daughter and son in law are lawyers but they work in a large corporate firm. However they both attended a school founded by Jesuits. The main concern of this school was being ethical. They are two of the most,honest people I know and live frugally with a great concern for the underprivileged.
I know a lot of lawyers who do personal injury as well, some great, some. It so great. But let's not lump all lawyers together. It is a very wide spectrum. Good luck to you and I hope you find someone that can help,you.
I work with and know many Elder Law Attorney's in my state, and I happen to be married to an there is not one Elder Law Attorney that I know that would define as unethical. Elder Lawyers care about the Elderly. To become a Certified Elder Law Attorney requires a lot of training and a significant portion of your case load to be with Elderly Clients. Most unethical Attorney's are not willing to work that hard. I have found Elder Law Attorney's to be compassionate. I agree that hiring an Attorney to solve your problem is usually your best solution especially if you Dad is on Medicaid. They reality is that services that accept Medicad are few and far between in most cities. Getting support from Adult Protective Services is usally by far the best resource to speak with they know every facility and the good, the bad, and the ugly. Ignore the negative lawyer talk most elder lawyers I know are great people.
Did you say your brothers watched and video taped while your mom nearly choked to death?? And did they then continue to tape for the hour that she lay in it.?? Seriously?
Suing, though… what's your plan? To win enough damages in court to move him to a better facility? That is such a bad idea that I really don't know where to start. You would need to prove not only that he had a severe bedsore, and not only that he had surgery specifically for it, but that the nursing home was directly responsible for it and failed in their duty of care to him. You would have to prove that he was fine before they got their hands on him, that they had not done enough to try to prevent bedsores, and that they neglected to get him treatment promptly. Your chances of success are slim, the process would take an age, and meanwhile where is he going to live? In the home that's being sued for neglect? Think it through.
What communication have you had so far with the nursing home? What did they have to say for themselves about your Dad's condition and the surgery?
It sounds like what you actually want is to have your father well taken care of. As others have pointed out, suing isn't the way to get there. If he is being neglected, call APS. Also contact the patient advocate and/or social worker at the SNF, if there is one, and your county office for aging. Have him moved if he is actively being neglected. I don't understand how your finances prevent you from moving him. Even if he's on Medicaid, there must be more than one SNF in your area that accepts it.
Consult with a lawyer if you like, too, if suing is his/her first suggestion, find a more ethical lawyer.
ps – What has the nursing director said about his bedsore? Bedsores sometimes happen regardless of how well cared-for a bed-bound patient is. If your dad has lots of other medical conditions that cause his skin to be even more fragile than is usual for all elderly people, I'd focus on how they've proposed treating the sore and preventing future sores.
What are the damages and physical injuries, on a short and long term basis? Are the damages permanent and irreversible? Do they affect and/or shorten quality of life?
How old is your father now and what are his medical conditions? Life expectancy is a consideration in damage calculation.
Was the treatment inconsistent with standard of care for similar injuries in your geographic area? Probably yes, but all the facts aren't known. E.g., if diabetes is involved, it complicates wound healing.
Don't forget that med mal in some states requires expert testimony. A med mal attorney would have to find a doctor to testify that there was neglect.
You're better off pursuing the complaint angle while looking for another home. You wrote that you can't do that because of finances... I don't understand that. Whoever is paying for care at this nursing home would presumably be the same person or entity to pay at any other nursing home.
Pursuing a complaint and moving him are your best options.
It may surprise some people but there are good and ethical lawyers. We need them in our society and they often help those who need help the most. My daughter and son in law are lawyers but they work in a large corporate firm. However they both attended a school founded by Jesuits. The main concern of this school was being ethical. They are two of the most,honest people I know and live frugally with a great concern for the underprivileged.
I know a lot of lawyers who do personal injury as well, some great, some. It so great. But let's not lump all lawyers together. It is a very wide spectrum. Good luck to you and I hope you find someone that can help,you.
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