Texas | Medical Malpractice
Legal Question
My father died as a result of nursing home incompetence.
My father lived in a nursing home from August 2004 until April 2005. In March of 2005, my father fell and broke his hip in the nursing home because the staff did not respond when he buzzed them to get assistance to go to the bathroom. After hip surgery, he returned to the nursing home. My sister and I found that my father was not eating properly because he could not sit up to reach his food (which they simply left on a tray near his bed). We asked the head nurse to see that my father received assistance with eating. Twice my sister and I visited my father to find him begging the person feeding him to slow down - that they were shoving food into his mouth too quickly. On April 10th, we visited the home and found my father sitting straight up, gasping for air. The nurse came running in to say that he had choked while being fed and had aspirated some food (chunks of which we found on his sheets). That night we were called and told that my father had been rushed to the hospital because he couldn't breathe. The next day he was dead - the primary cause of death later listed on his death certificate was enterococcal pneumonia. This type of pneumonia results from aspiration of food. Can this be pursued as medical malpractice?
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