Schaumburg, IL asked in Elder Law, Nursing Home Abuse and Personal Injury for Illinois

Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.

When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe injury. So, that A.M. they had put Dad in a wheelchair & left him alone in the lounge by Nurse's Station w/no call button or supervision. Dad was trying to find someone to take him to his room to lay down, when he fell in the lounge & broke his R hip. After he fell ~9:30am, a bandaid was put on his R knee, but obviously he was not examined for other injuries. Bcuz then, despite awful pain & a broken hip, somehow they lifted him back into a wheelchair, took him to his room & stuck him in bed, where he lay alone in horrible pain x4hrs until I arrived & discovered his injury. I immediately requested an Xray, & we were sent to the ER by ambulance. Would this be considered a case of neglect?

1 Lawyer Answer
Steve McCann
Steve McCann
  • Chicago, IL
  • Licensed in Illinois

A: My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised reasonable care. Furthermore, it will also depend on any waivers you and/or your father signed with the nursing home.

That being the case, I highly recommend organizing everything you have in your possession related to this matter, including all medical records and written communications with the nursing home, and consulting with an attorney individually for a consultation. Many of us offer free consultations, and will represent your father on a contingent basis if the case has merit, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional that is tailored to the specifics of your father's situation.

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