Broken Hip from Fall in Nursing Home...

by Campbell
(Hardyston, NJ, USA)

My Mom has Dementia and Parkinson's disease and is in a nursing home. She fell out of a chair while at the home and broke her hip. Her resulting injuries required surgery and her health has deteriorated badly since the incident.

Can we sue the nursing home for negligence in not keeping a proper eye on her? She has gone from sick to extremely sick as result of this incident. We're concerned it could get worse and she may never get better. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Broken Hip from Fall in Nursing Home...":

Campbell (hardyston, NJ, USA):

You can sue anyone, at any time, but that doesn't necessarily mean it's the correct action to take. The nursing home may be liable. The law requires nursing homes to function with a high standard of care toward it's patients. The question in your mother's case will be whether or not the nursing home breached that standard of care. There isn't a clear answer to that question.

To determine whether the standard of care has been breached you will need to know several things. Some of them are whether the nursing home has had previous complaints for negligence which were reported. Another matter will be whether the nursing home has been sued before for injuries resulting from patients residing at their facility. The questions will be if they have, when they have, and what the result was.

In other words, the nursing home's history will be very important in determining whether or not your claim against the nursing home will be successful.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Elder Abuse/Neglect Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION