Why is it so hard to get justice for neglect of medical in assistant living?

Follow
Share

Mom was neglected of medical care of broken finger and a fall call state with only the result of we will watch the home for future incidents. No reprimand or justice for my mom. It is hard to get a lawyer to touch this unless you have money to pay. She had dementia but was still a human . She was placed in hospices because of head injuries could not eat, she was also on dialysis she could not tell me what happen but she was in pain from this broken finger . No explanation from assistant living home

This question has been closed for answers. Ask a New Question.
7

Answers

Show:
Hm. Now then. I don't know what the regulatory requirements are in your state, but in the UK any registered service - supported living, nursing home, home care agency, anything - MUST have an established procedure for formal complaints. I would be astonished if the system in the US isn't at least as strict about this, and probably stricter. So, this is what you do.

1. Telephone the administrator and ask for full, clear details of how to use the ALF's formal complaints procedure. He or she must explain it to you, and give you any help you require to follow it.
2. Make your formal complaint. Set out in writing:
• what condition your mother was in when you last saw her
• what you were told about her emergency admission
• what you were told by the hospital following their tests and examinations
• how long she was in hospital, and what treatment she underwent for her injuries
• the outcome, namely her transfer to hospice care

Finally, set out what questions you want answered. These might include:
• What contact did caregivers at the ALF have with your mother in the days preceding her emergency admission?
• Did anyone raise concerns about your mother's wellbeing? If so, what action was taken?
• What were the circumstances leading to the decision to call an ambulance?
• How does the ALF explain her injuries?

3. This MUST be properly and fully replied to, in writing. The complaints procedure guidelines will also tell you how long the ALF can take to do that, so you will know when you must hear back from them by.

The point of all this is, that committing answers to paper is a different thing from fobbing you off over the phone. It's a question of what's on record. "Don't know" is not good enough: they have a duty to investigate, and find out. If they can't find out, they're not watching closely enough - and there's the nub of it.

Goodness! "…they know she had a fall…" indeed! No sh*t Sherlock. Where was she found? How long after anyone had last checked on her? Blimey, is this an ALF or the Marie Celeste? - Sorry, my feeling cross about this won't help you.

It is worth persisting, firmly but politely, and above all in writing, following the official process. At the least you are entitled to explanations or, failing that, a formal undertaking that better monitoring will be implemented. Best of luck, hope you get somewhere.
Helpful Answer (0)
Report

Sounds like Assisted Living was too much for her, if she couldn't communicate her needs or injuries she should have been in skilled care.
Helpful Answer (0)
Report

Followed procedure after getting results from doctor call the administrator of assistant living. Was told she was not aware of any falls , no report from any one. Also called human service. And the state. Was told they know she had a fall but because there is no cameras and no witness, could not prove it happen there. She also went to dialysis three times a week human service stated that they may have dropped her. , she was wheel chair bound. May never get an answer from the home but I will make it know that they are bending watched for the sake of the other residents .
Helpful Answer (0)
Report

You say there's no explanation from the assisted living home. What steps have you taken to insist on one? I would ask for a written report of the incident, including records kept for the week preceding her emergency admission to hospital.

You are entitled to a full and proper account of what happened to your mother. Please bear in mind that falls happen, and that it is possible no one was at fault. You will also need to remember that strokes can lead to falls which can lead to head injuries: cause and effect aren't always obvious.

If you receive no explanation in response to a written complaint, or if you receive an unsatisfactory explanation, that's when you put it in front of a lawyer; but to be honest, unless the ALF admits negligence, your chance of proving it and succeeding in a claim is vanishingly small - the best you can hope for is that the lawyer will put the fear of God into them. And for heaven's sake choose your lawyer carefully: do not get led into a total nightmare by someone making extravagant promises.
Helpful Answer (0)
Report

Sounds like injuries from a fall, to which I feel all claims of defense would fall...ie it happened when she fell. The truth be known, lawyers can fix or alter anything if the price is right. However, putting in a claim can sometimes garnish something of value, but typically will take a while. I don't want to repeat what I've seen lawyers do so even in the professional world I live by honesty, but hiding assets is no stranger to me. You maybe up against an organization with lots of money and lawyers. However, filing a claim doesn't really cost that much, and will get noticed even if only goes to better care for patients. Good Luck!!
Helpful Answer (0)
Report

Sorry for not making injury clear. She was staying at and assistant living home. Got a call that they where sending her to hospiltal because they thought she was having a stroke. She had two seizures in the ambulance and two at the hospiltal. Cat scan reveal crack skull and leakage of blood from a fall. I ask them to check her hand because it was swollen and had turned dark. Ex ray reveal broken finger
Helpful Answer (0)
Report

Your description and events of injuries seem unclear. There are always lawyers available for money but most first initial consult, however short are for free. It sounds like she was injured @ assisted living housing; it can be a daunting task trying to not only get evidence but finding witnesses who will tell the truth. I wouldn't be afraid to continue to ask questions where you think the injury occurred as putting them on notice that you're concerned, but you're alert and watching them. Stay as close as you can.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions