Legal Question in Elder Law in California

Here is the story:

At the nursing home, the patient was incontinent. The patient about 85-90 year old. Hospice patient, stay in the bed, not moving from the bed and can't talk but able to giving respond and feelings. Patient not able to move or control by herself. The patient did in her diaper one day, the nurse assistant turning patients on the side with no side rails (the hospital don't have side rails) to changing the diaper. The nurse assistant turn to the patient on the side, the patient fall on the floor from the bed and change of condition. The next day after the incident, the patient die (4 days a go ). Patient should be estimated by evaluating sudden movements, especially in patients who may have other underlying conditions, that is, neurologic conditions. Cognitive conditions can also affect the patients' capacity to cooperate. The hospital do the investigation according to the nurse assistant testimony (the hands slip and accident happen can't save the patient from fall), the hospital says everything ok and everything by accident. The nurse assistant fine and they just make incident report. The patient's sister (the only one her family) very nice and can't do anything. Just accept the incident. My opinion about this something not right with this nursing home. What should we do with this nursing home, let the staff fails of their care and still working with no evaluation from anybody else. Is seems like not fair and very sad. And also, should they call 911 or ambulance when the patient fall on the floor? Should the state being contact by anonymous staff (because i working at that nursing home).

Thank you.


Asked on 5/17/12, 2:33 am

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Yes, a report, which is to be annonymous to the Department and Health, Licensing and Certification would be proper.

Phone numbers here: http://www.cdph.ca.gov/programs/LnC/Pages/LnCContact.aspx

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Answered on 5/17/12, 6:49 am


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