Legal Question in Medical Malpractice in Ohio

My 89 y/o mother (with dementia) fell at her assisted living facility. They dressed her and took her to breakfast. I was notified of the fall. I came and took her to the hospital. She had fractured her hip. She had surgery and then 4 days later went to nursing home for PT rehab. She showed progress for a while. Soon she started to become agitated and was awake all night and slept during the day - causing PT progress to decline. The nursing home transferred her to local hospital psych ward for medication adjustment. I advised the hospital that she is recovering from fractured hip and that she is a fall risk. The hospital told me they would implement 2 fall precautions: bed alarm and floor mat with alarm. 2nd night at psych ward my mother falls and fractures her R. hand. They did not implement their fall precautions. The hospital bandage both hands to keep her good hand from unwrapping her dressing on her fractured hand. She cannot use her hands, and her PT has stopped. She is suppose to be on mechanical soft diet - she is served a red delicious apple on her dinner tray. Now - she cannot do anything for herself. Her husband just died 4 months earlier. Her upper teeth are loose and filthy making communication & eating difficult. Clean gowns and towels were not available on the unit floor. Her face was filthy when I visited one day - I was told they gave her chocolate pudding to help her get her meds down. They failed to wash her face afterward. My question, is this negligence?


Asked on 10/14/11, 11:35 am

1 Answer from Attorneys

Steve O'Keefe The O'Keefe Firm

This very well could be negligence. To provide you with a detailed analysis of your mother's potential case it would be necessary for us to speak. You only have a limited amount of time to pursue your mother's case. This is known as the statute of limitations. If you would like to give me a call to discuss her mom's case I can be reached at 937-643-0600.

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Answered on 10/14/11, 11:51 am


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