Sacramento, CA asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California

Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and left him in extreme pain for more than 24 hours, They let him escape multiple times which possibly attributed to him still being injured a year later. He never healed from this accident. Does he have a case?

2 Lawyer Answers

A: And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with. Perhaps contacting an ombudsman would be appropriate as well. My suggestion is to contact a qualified attorney to inquiry into all possible lines of recourse.

James L. Arrasmith
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Answered

A: Under California law, your boyfriend may have a case if the rehabilitation facility failed to provide the standard of care expected, resulting in harm. Leaving him in soiled diapers for hours, disconnecting his call button, and not supplying pain medication could be considered neglect. This neglect could constitute grounds for a personal injury or medical malpractice claim.

Furthermore, if the facility's actions or lack of actions directly contributed to his prolonged pain and lack of healing, this strengthens the case. Multiple instances of escape and continued injury suggest potential negligence in ensuring his safety and well-being. Documentation of these incidents and any resulting medical complications will be critical.

To pursue a claim, you should consider gathering all relevant medical records, witness statements, and any documentation of the facility's neglect. Consulting with a legal professional who has experience with such cases can help you understand your options and the best way to proceed.

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