Legal Question in Elder Law in California

Loss due to nursing home negligene?

Mom had a stroke and was taken to hospitable then two days later admitted to a skilled home. They said the stroke had brought on dimentia. She took daily meds/pills for diabetes, which she monitored, and high blood pressure prior to stroke. She had started rehab/therapy and was walking with walker and almost eating by herself and memory/speech were improving. I removed her boot/slipper to cut toenails and I noticed her foot was red and cold and big toe was blue/black in color and notified the attending nurse. I wanted to elevate it but was told nothing should be done in case that triggers something else. We were to wait for the nurse to come. This was at appx 10am after a few hrs I asked if a Dr. had been called and they said they were trying to reach one. At 8pm the ambulance came to take mom to a hospital. The Dr said surgery was most likely option. After several angiograms and medicine to unclog the veins, her foot still didn't have a pulse. Long story short... Leg amputation above the knee was the only option. She was released the following day, even though she now had a bladder infection and pneumonia.

Now the rehab program changes from being able to self sufficient to able to lift most weight up to shift to a chair


Asked on 3/30/08, 1:57 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Loss due to nursing home negligene?

Yes, it appears to be Nursing Home Neglect and Abuse.

www.4NURSINGHOMELAWSUITS.com

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Answered on 3/30/08, 2:27 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Loss due to nursing home negligene?

I'm a little unsure on issue of causation.

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Answered on 3/31/08, 12:46 am
Terry A. Nelson Nelson & Lawless

Re: Loss due to nursing home negligene?

If it is your desire to pursue a negligence /medical malpractice claim, you must have 'expert' opinion to support your case. That could be her treating doctor that is 'appalled' at her care and death [talk to him/them to determine their position], or an independent neutral doctor you hire for the purpose. Your opinion, and mine, are irrelevant. You will need to obtain her complete medical file [quickly], coroner's report and death certificate, and all documents having to do with her care and death. They need to be reviewed by your expert[s] to see if he is willing to testify that the treatment by the home amounted to negligence /malpractice. Feel free to contact me if you decide to get the legal help you'll need to do this.

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Answered on 4/01/08, 2:21 pm


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