Ronald V. Miller Jr.'s answer Not always. Bedsore can occur. The question is how the nursing home deals with the bedsores. It is rare that a significant life-threatening bedsore will occur in the absence of negligence.
Ronald V. Miller Jr.'s answer Tough question to answer without more facts. Why should she not have been walking alone? Did the nursing home assess her as a fall risk?
Usually, when these cases are won it is because the nursing home failed to follow their protocols (or what should have been their protocols) by properly assessing the resident and taking the appropriate precautions.
Ronald V. Miller Jr.'s answer This is a pretty broad question. First, I would look at the nursing home itself. How do the Medicare ratings look? Second, I think you research the deficiencies you are concerned about. Then I would talk to the resident about the concerns, if possible. You can ask to review the medical chart if you are authorized to do so. You can also ask for a meeting with the nursing home to let them know there are concerns. Finally, you can call the state authorities.
Ronald V. Miller Jr.'s answer Yes. Nursing Home Reform Act places minimum staffing levels. the staffing depends on the size of the facility. You can also look at the Medicare rankings to see how your father's nursing home compares in terms of level of staffing.
Jack D. Lebowitz's answer You would start by getting the medical records and having them reviewed by a medical expert to determine if your dad was getting proper medical and nursing care, and if the bed sores or ulcers were as a result of substandard care. Another issue will be whether your father's medical needs exceeded the level of care available in an assisted living home. It may be that you father's needs would be more properly served in a nursing home. Very generally speaking, the level of nursing care expected...
Vadim A. Mzhen's answer I am not sure what specific rights your question addresses. Generally speaking, a nursing home resident has the right to be provided with nursing care that meets the accepted standard of care for nursing facilities. Whether that standard of care is violated depends on the specific facts of every situation.
Jack D. Lebowitz's answer Typically, those two terms are used interchangeably and indicate medical and nursing care that fall below the accepted standards of care due to carelessness and lack of attention by the professional nursing home staff.
Jack D. Lebowitz's answer Typically, where there exists basic substandard nursing and medical care at a nursing home that causes injury to a resident, the remedy is obtained through a civil case, as opposed to a criminal case. One of the reasons for this is that it is unlikely that the nursing home intentionally hurt your husband.
Jack D. Lebowitz's answer I am not sure I understand the question. Of course, a dead person cannot sign a document, and any suggestion by a nursing home that someone has signed a document after dying raises issues, such as the potential of fraud. More generally, the enforceability of arbitration clauses is determined based upon many factors, and indeed, within the last several months, there has been a important appellate decision that provides guidance on this issue.
Vadim A. Mzhen's answer I am sorry to give you a stereotypical lawyer answer, but whether or not your husband has a claim for injuries against the rehab facility depends on many details. I assume that it was the second fall that caused the injuries that sent your husband to ICU. In order to bring a valid claim, it would need to be shown that the second fall occurred as a result of negligent care by the facility. Whether or not that is so depends on the specific facts of the care, or lack thereof, that was...
Jack D. Lebowitz's answer It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your mother died earlier than she would have if no abuse had occurred. The answer is that an autopsy can sometimes add significant facts to support a nursing home negligence case, but it is not required in...
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