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Does my family have a legal case after my elderly father suffered a broken hip from a fall in his nursing home?

 

A:

 

The nursing home might be liable depending on the case specifics. For example, did the nursing home drop your father because they were not using a hoyer lift properly or transferring your dad correctly between his bed and wheelchair? If so, you could have a legal claim.

Another way you would have a valid claim is if a nursing home worker was abusive and pushed your father, causing him to fall down and suffer a broken hip. Not only are cases of abuse valid reasons to bring claims, but cases of nursing home neglect are also claims that need to be pursued as well. This could involve nursing home workers failing to check on your father, not responding to his alarm, or letting him wander and walk by himself when he should have been monitored.

Nursing homes are supposed to assess residents to determine their medical conditions, functional capacity, and whether they are at risk for falling and need to be assisted. If it was determined that your father was supposed to be supervised when walking, and the nursing home did not properly monitor him, you may have a legal case for nursing home neglect. For example, residents with dementia and Alzheimer’s would be considered high risk for falling and should be monitored.

Because cases like this can be complex, it is best to involve a nursing home abuse attorney and to read more about your rights to a lawsuit. Please feel free to download a free copy of our book, The Florida Nursing Home Abuse Handbook: Ways to Recognize and Prevent Abuse and Neglect.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney