Resources needed for assisted living negligence.

l read your response to me. I think you should have had an autopsy. That would have definitely told you Dad was neglected. I agree that the AL should never had excepted your father. As I said, they are not skilled Nursing. Not all Nurses are wound care Nurses. They are trained to do their jobs. My daughter is one and has been a Unit Manager and paid very well. She has been an admitting Nurse too in NHs and is the one who documents bed sores or even pressure points when a resident is admitted. The first thing that is done that resident gets an air mattress.

You need to find out if those bedsores were there when the AL admitted him and any pressure points. If so, the problem is where he was before being admitted to the AL. If Hospice was involved at the get go and there were sores, their responsbility was to dress them not the ALs. Hospice dresses them but they don't have to cure them? Just keep the client comfortable and pain free. I doubt if a dying body will heal anyway. Being on Hospice he was not allowed to go to the Hospital. If he was sent, Hospice would stop. And, are you sure they were not Kennedy ulcers that form during the dying process. The malnutrition caused by his body shutting down and him not being able to swallow? You cannot feed someone who's body is shutting down, the body no longer digests.

My daughter was in a lawsuit because a family was suing the SNF for bedsores. My daughter was called in to prove that the sores were there when the patient was admitted to the SNF. So, the family was suing the wrong facility, they should have sued the hospital where he got the sores.

"It stated the death was due to Sepsis, Bacteria and Unstageable Wounds." Alva is a Nurse so knows lots more than I do but what I read about Unstageable wounds it means that under the eschar the wound was healing. Bed sores happen especially in bedridden people. Some times though with the best care they may not heal completely. Especially if a person is diabetic which seems ur Dad was with a lot of health problems. My friend lost the lower part of her leg because of a sore on her foot that would not heal because she was a juvenile diabetic. I just lost a friend who blacked out and hit his head on concrete. It caused swelling and bleeding on the brain. His wife was told his age was against him...he was 73 and eventually passed.

I am so sorry for your loss. I can see though why a lawyer won't take this on. Too many things were involved. Where did the bedsores originate? Once hospice is involved, no extreme measures are taken. Could Dad had gone to the Hospital and the sepsis be taken care of? Just too many variables.

The first person you should contact is the state ombudsman overseeing that facility.

Second, there are lawyers who take on such cases, not often for contingency but sometimes. As in this case. https://www.nbcbayarea.com/investigations/third-atria-park-death-lawsuit-san-mateo/3079543/

Thanks for all your thorough responses, MadScientist. We so seldom get responses, and certainly none this detailed.
You have, I see now, been to some attorneys.
Sad to say their advice is solid.
No attorney will take this case on contingency.

The law measures blame in terms of MONEY. It's the American way. So in the case of a YOUNG person badly injured but still ALIVE, a young person who was making a solid 7 figure salary and is now disabled, in need of care over a lifetime, a person who clearly/measurably would never have got what he got had people clearly in charge done their job?
There's a case there. And the award under the law will be weighted by the amount allowable for ongoing care of the injured patient.

The limits you describe for recovery under the law are fact. And that's why so few malpractice cases now go forward. They are costly for the attorney in terms of research, disclosure, expert witnesses. There are limits as you enumerated them in your response for recovery, and without need for ongoing lifetime care it is's simply not worth the time/expense of the case. There will not be enough in damages to refill the coffers.

If a malpractice attorney says he cannot take your case on contingency, then, in the words of Handel on the Law "You've got no case".

People often learn this the hard way, so thanks for explaining it so well in your responses.

I am, again, so terribly sorry for your loss. No amount of money can ever comfort you for such a loss, but the time may have come to make a choice as to whether it is best for you now to move on with your life, or not.

"the fact my father died unnecessarily and without a shred of dignity".

No lawsuit will fix that hurt.

You mentioned your Father had many illessss & had been circling in the health system for 3.5 years. It was not possible to bring him home.

"died unnecessarily" or he just wore out?

I relatives that left this life twisted in pain, bloated with cancer, wasted or faded by disease. I don't consider it was undignified at all. It was life.

What would a "dignified" death look like to you?

Do you have an autopsy report for your dad that states his cause of death or is that your belief? You'd have to have an autopsy at the very least to proceed.

If attorneys aren't biting, then they likely don't see a case here that will bring in enough money to make it worth their while. It's heartbreaking, but it's a fact. Lawyers will run you about $400/hour and up, plus even if they take it on contingency, you'll be paying out of pocket up front for all the administrative costs, filing costs, expert witnesses ($1,000/hour), court reporters to take depositions, copies -- you name it -- not to mention the cost of the private autopsy. You're talking tens of thousands of dollars before you see a courtroom in three years or so.

Losing a parent unexpectedly is devastating, I'm sure, but don't go too deep down this rabbit hole instead of addressing your real grief. If you can't prove your case to the satisfaction of an attorney, find a therapist to help you let that go and to process your grief.

Condolences on your loss. Have you taken your concern to the State agency that oversees facilities? Why not start with the Health and Human Services Commission's Complaint and Incidence Hotline - 1-800-458-9858, Option 5 - ASAP.

A few years ago, I read that doctors are rethinking bed sores, that they could develop as a reflection of what's going on inside the body. Unless you can demonstrate that Dad wasn't properly cared for, there may not be anything for DHHC to work with.

The AL that my FIL is in requires the resident or POA to sign an arbitration agreement . You can’t sue. Disputes are settled by an arbitrator .
This AL also will not take care of a stage 3 or 4 decubitus . It is stated in the lease . The resident has to go live at rehab or SNF .

JoAnn makes an excellent point. ALF aren't held accountable for a person's health care necessarily. My own brother died after a small non healing sore on his shin went septic. He hasn't mentioned it to anyone. He wasn't getting any shower assistance and didn't need any. No one was doing nursing checks on him whatsoever. He ignored it, slathering on a little triple antibiotic ointment here and there, and whoops--it did do him in. Not due to any negligence on the part of the ALF. It was my brother's own lack of knowledge as to what could happen with this tiny non-healing sore that did him in. And the fact that the bacteria that invaded was not susceptible to the best antibiotics we currently have available.

Do you mean a private Assisted Living facility? Or are you calling a Long-term facility/Skilled Nursing an assisted living?

Assisted Living is for people who need assistance with one or more of their ADLs. Usually they are competent or are showing early signs of Dementia. These are manned by an RN, maybe an LPN and certified aides. Aides have no medical training. They just bathe and dress. Not allowed to give out medication. Those people with full blown Dementia usually are transferred to Memory care. But with both, when the resident goes beyond the facilities abilities to care for the resident, its usually suggested they transfer to a Skilled Nursing facility. So if Dad was in this type of facility with bedsores, he should not have been. Bedsores need to be looked after by a Woundcare nurse who knows what to look for. My daughter is one.

If you are talking about a Skilled Nursing facility, yes they were negligent because they can care for bedsores and deal with the malnutrition. (Actually the an AL should have a nutritionist they can call)

In either instance, you should have been informed that there were problems. IMO in both instances, Dad could have been sent to the hospital.

So who do you contact, the State oversees both. You could Start with the State Ombudsman. But you are going to need documentation. Did u have an autopsy so you have proof of neglect. Did the funeral director or you take pictures. Was he seen by a doctor at anytime who documented the sores. Was a nutritionist called in when he continued to lose weight.

Was Hospice involved?

My mother's AL Memory Care said right up front that they cannot handle bedsores after a certain point. Patients would need to be moved to a Skilled Nursing Facility.

Was your father properly placed, for his many conditions?

Go to YELP Look up the Nursing home / AL Facility and next to it should Be a Propublica website where you can report abuse and neglect to medicare . There are Lawyers That do elder abuse and basically work as Personal Injury attorneys . I dont Know what Texas is like But in California and Massachusetts there are such elder abuse attorneys That go after neglect and abuse . Sorry this Happened to your Dad . Unfortunately we live in a cold world where no One seems to care about the elderly . You Can also contact the Ombudsman for the AL or state and Make a complaint .

I am so deeply sorry to hear of the loss of your father - sending you my heartfelt condolences. Regarding your question, it's not an area of expertise for me, but you may want to clarify if your father was in an Assisted Living facility or a nursing home because your post mentions both of them - and I would assume that the responsibilities of a regular nursing home are much more extensive than that of an Assisted Living facility- so that would be a start in which to clarify. And then to describe and substantiate how the neglect took place - and what level of care the facility ensured that your father was going to receive.

I'm sure the appropriate lawyer who handles litigation for nursing homes would ask the right questions and provide proper insight. Also doing some research online can provide more knowledge. You can also go on legal sites that provide specific lawyer's contact information that specialize in this (some sites that I know of are justia.com, lawyers.com, etc - from time to time, I've also gone on "ask a lawyer.com" when I've had specific questions, and the site has lawyers online who can provide some direction and advise.)

I hope you find the answers you need and, again, I am very sorry for your loss. Wishing you my very best for strength, clarity, and inner-peace.

I am sorry for the loss of your Father.

You cared for him at home? Were you very close? Did you feel OK with the transition to AL?

Have you explored grief councelling at all? Or someone else trained in to listen?

Your profile lists Dad's many ailements, including Alzheimer's Disease. That is progressive. People lose ability to swallow, chew, walk & move. Many/most will become malnutritioned & bedbound by avanced stage (unless they die earlier from other reasons).

Unfortiunately neglect can happen. I don't discount your personal situation. Very very sad.

However, I'd like to share this in case you see anything of yourself:
I have met many family members that had not been educated on the progression of Alzeimer's, other dementias or life limiting progressive diseases. Their language included phrases like "He was fine! Then he died", "He was so healthy & strong. I don't understand how this happened".

The reality of their ill, frail loved one was very different to their thoughts.

AL may not have been the right place for him. Bedsores come from staying in one place and not turning. Malnutrition can come for refusing to to eat. But that takes months. Did you not notice? An AL is totally the most inappropriate place for him to be and get this far. A resident can refuse to eat and AL does not hand feed, usually without an increase in caregiver fees. A resident will not be pushed to get out of bed or a chair. The resident can choose to stay in bed and refuse all assisted care. This is not a SNF and is not regulated. You do not say how involved you were
On this we site you can get an opinion but not a legal judgement. Seek legal services and do your homework in collecting evidence, not heresay

Have you actually contacted law firms that specialize in elder care issues which often includes cases of negligence and can continue after death? It would be best if you could chronicle to a degree a timeline of when the bedsores appeared and what care if any was done to treat them. The more accurate information and knowledge you can relay the better a possible case would be. A lawyer who specializes in this could tell you the likliness of whether there is a case. If proceeding then all the information is up to firm and facility to gather the facts.

i wish you to win your case!

AL or NH? You mentioned both. Big difference. Was he really only 71?

I believe that since Tort Reform passed in Texas, there are fewer MedMal firms willing to bring cases. Good luck.

A forum such as this one is just a bunch of folks either with a history of caregiving, or perhaps aging and thinking of care issues. We are here trying to help others facing issues we are also facing, did face, or may face in the future, but we are far from being experts in medicine or legal issues.

I hope you will take your case to an attorney along with all evidence you may have. I wish you the very best of luck. I am so very sorry for your loss.