Collect Damages??

[jloirsdaan 0]

Okay, I've been going over and over on this. My Uncle died this past week. He had diabetes since he was around 10 (he was 45). He had kidney failure and was on dialysis. Ended up pretty bad off and was in a nursing home. Now, he was doing OKAY while in there. Kind of depressed about it but doing good considering.

Last Sunday he died while under the nursing home's care. They had given him some food, and he choked on it. No one found him till the next day....his 17 year old daughter had come to visit him and found him close to 24 hrs after he'd died. This whole deal sounds fishy to me. I can't for the life of me figure out WHY no one was in there while he ate...or at least checked on him. My father had been to visit him a few days before and they'd given him a peanut butter sandwich with nothing to drink. My cousin, his daughter, said he still had his plate...but there was again nothing to drink with it.

Sorry if this sounds sketchy, it still is to me. I've gotten all my details from my family over the phone. They are pretty upset about it, as am I. My thing is....my Mom and my other Uncle have to pay for this. He didn't have any insurance...and now the nursing home is trying to get more money out of them. I'm never one to say sue anyone. However...this is going to cost my Mother and Uncle a whole lot of money it seems...not to mention the nursing home is trying to get more money of of them also. Does anyone else think my parents and my other Uncle should make the nursing home pay some, if not all, of the costs? Just seems like a bad deal to me.

Jordan

Go Fast, Dock Soft.

[sartre 0]

Call the department of health. Call an attorney. Do Both immediately. Get a copy of your uncle's medical records- especially nursing notes-right away.
I'm assuming the nursing home was in the states. He should have been checked on a minimum of every two hours, and if he had swallowing problems, he should have been referred to a speech therapist and not left alone in his room to eat.

File a complaint and the health department will be crawling up the nursing home's ass. As well they should be. And the minute the home hears from an attorney, they will be back pedaling like hell.

Please understand that even if your mom & uncle decide not to sue, they need to take steps to help insure this substandard quality of care stops for the other residents.

Please let us know what transpires of this. I am so sorry for your family's loss, and so angry I can barely type.

[jloirsdaan 0]

I'm pretty upset...pissed is more the word, thats why my post is pretty jumbled. I've been thinking about doing this myself. My mother wants to also. It's just beyond me how that could have happened. Not to mention, they didn't even figure it out. His daughter found him the next day. It is in the states, Florida actually.

Thats a big thing for me also, to make sure this doesn't happen to someone else. I'll defintely tell my mom to file a report with the department of health. And if she won't do it I will. Thanks for the reply .

Jordan

Go Fast, Dock Soft.

[lawrocket 3]

Here are my thoughts - give it at least a couple of more weeks while the information comes out. Contact the licensing authority - its investigation can yield valuable information as to whether the action is worth pursuing.

Right now is an emotional time. Do not make decisions based upon emotion. Decisions should be predicated on reason and thought instead of feelings.

If, in a couple of weeks or months it is something you want to pursue, then pursue it. However, take into account that you likely cannot sue. His wife and/or children can. It's up to them really.

BE there for them right now. THEY need you. Then find out what they want when all info comes out and support them.

My wife is hotter than your wife.

[Broke 0]

If it was true that he choked on food, and wasn't found for 24 hours after he died that sounds odd to me.

There should have been at least an aide going into his room to retrieve the tray from him. Most likely 45 minutes to an hour after he recieved his tray.

You could probibly contact the State DOH and find out how that facility did on it's past surveys. The facility should have that information on hand as well. You should also investigate into whether or not that facility has been reported for elder abuse previouslly. If you can find a history then it will make your case easier.

Now as far as legal terms in here are concerned. I am sure that Negligance is going to be the driving cause for your case.

Divot your source for all things Hillbilly.
Anvil Brother 84
SCR 14192

[jloirsdaan 0]

Thanks, I was hoping you'd reply. Both of his children are minors. And he isn't married. My Uncle and Mother had been taking care of him. They don't really want to SUE them if that makes sense. More wanting them to at the least stop coming at them for money. Medicare was supposed to be covering it all anyway...from what I can tell.

With his children being minors and no wife, who else would be able to pursue this? Someone on behalf of his children? My family are all there with his kids and offering support. I'm stuck in Iraq with nothing to do but steam over it.

Thanks again for the reply.

Jordan

Go Fast, Dock Soft.

[jloirsdaan 0]

Quote

If it was true that he choked on food, and wasn't found for 24 hours after he died that sounds odd to me

Thats exactly what happened. Thats what the coroner came back with also. He'd choked on a meatball (I'm sure the report was more detailed than that). Plus, the last time someone saw him alive (his brother) was nearly 24hrs on the dot from when his daughter went into his room and found him. Thats what really has us upset, that it seems it went unnoticed for that long.

Jordan

Go Fast, Dock Soft.

[sartre 0]

Me again. I am not an attorney, but I have worked for 6 years as a rehab therapist in a nursing home (SNF). While I agree with Lawrocket that this is an emotional time, I again must urge you to not wait in pursuing this. Not for litigation purposes, but it is imperative that the details get brought to light. And unless you notify the health dept, noone is going to investigate this incident. **edited to add: the health department is the licensing authority**

The only way to know 'for sure' whether or not anyone had been in to check on him is to get a copy of the nursing notes. Whoever is his Medical Power of Attorney has the right to see his complete chart. They have to give it to you; they may charge you for making copies.

I am pretty familiar with Medicare guidelines, so if you'd like to PM me with details I can give you an idea of why Medicare would or would not pay for your uncle's stay.

And I can assure you, that the mere mention of an attorney to the Executive Director of the nursing home will probably result in them backing off on trying to collect any money. I am stunned that they would even broach the subject if you have the correct details of your uncle's death.

As for the state survey results; the SNF must have the surveys available to look at; however, all past deficiencies will have been addressed and corrected in order for the state to allow them to continue operating. The time to look at these surveys is prior to admission; there is also a website that you can access that will give you that info. If anyone is interested in it, I can get it for you. (Have to look it up at work today).

I know it's difficult dealing with this from so far away..
Please let me know if there is anything I can do to help. If you'd like to PM me the name of the SNF, I can see what, if anything, I can find out about it.

Good luck,
Yvonne