Nursing Home Neglect??????

What is the name of your state?Kentucky

Back in April my wife's grandmother passed away. The nursing home told her that they gave her grandmother a shot of ativan ( which had a reverse effect on her) and then 2 hours later gave her another shot of ativan. (Ativan is suppose to make you calm down) But instead it made her stay up for 3 or so days at a time. Then they said that they went back 45 minutes later to check on her and she was dead. But later on that day when they talked to my mother-in-law and they told her that they gave her the 2nd shot 4 to 6 hours later. All of this info about the ativan having a reverse effet on her was in her medical records from all the hospitals and nursing homes she was in for the past 2 years. She never had a problem at any other nursing home. She was in this nursing home for only 6 days. Now that my mother-in-law has asked for the medical record ( a month ago) they keep saying they sent it out. But she has yet to get the records. She called yesterday and they told her they sent it out 2 weeks ago. We live in the same city as the nursing home so I know it shouln't take that long to get. It sounds like they might be trying to cover up something to me. I was wondering what we could do if anything about this? Is this a case of neglect on the nursing home?

contact a lawyer now he can get your medical records and investigate the case for merit. i would be very careful in which lawyer i selected as some are just no good. find a lawyer that takes most of his cases to trial. don't get one that rarely litigates in front of a jury these type never prepare your case for trial and are looking for the quick settlement. be carefule. your case sounds like it has merit good luck

Dv.G

[ellencee]

tdogg35
Your information does not make any sense when one puts it in chronological order. Your wife's grandmother could not have been awake for 2-3 days after the initial Ativan injection and dead 45 minutes after the second Ativan injection given either 45 minutes after the initial injection or 4 to 6 hours after the initial injection.

The situation as you described it is definitely NOT nursing home neglect. If anything, it is an inappropriately ordered and provided medication. Instead of questioning nursing home neglect, it would be more appropriate to question professional malpractice or professional negligence.

Ativan should not be given to persons with known sensitivities to the medication and in elderly persons, Ativan should be given in small dosages not to exceed 1 to 2 mg per 24 hour period. Even so, the information you provided is not sufficient to determine if the physician who ordered the Ativan or person administering the Ativan knew or should have known that your wife's grandmother would die from receiving the medication or that Ativan was the cause of the woman's death.

An attorney can assist in gaining the records and in evaluating the records in this event. Even though Ativan appears to have been inappropriately ordered and administered, do not assume this is a guaranteed, meritorious claim of professional negligence, malpractice, or liability by any of the providers. Recorded facts will determine the merits of the claim, not emotions.

Best wishes,
EC

I said that it had a reverse effect on her and it would cause her to be up for 3 days at a time.

They gave her a shot of ativan then gave her another shot 2 hours later. Then when they checked on her 45 minutes later she was dead. That's the story they told my wife.

The story they told my mother-in-law was the same but different times in between the shots. They told her it was 4-6 hours later that they gave her the 2nd shot. Plus the side effects were in her medical records from all the other nursing homes and hospitals that she was in. So why wouldn't they know not to give it to her?

[ellencee]

tdogg35
I sincerely doubt the Ativan is the cause of your wife's grandmother's death, though it may be a contributing factor. The cause of her death is simply impossible to discern from this vantage.

More likely than not, the underlying process (Alzheimer's, effects from a stroke, senility, etc.) is the cause of her death.

Deaths in nursing homes occur at an increased rate during the first week of admission. During this initial week, physical conditions are made worse by the emotional burdens of nursing home placement. Mental confusion is made worse by the change in residence.

In order to hold the nursing home liable for the woman's death, it will have to be proven that a) she would not have died BUT FOR the administration of the Ativan, b) the staff knew or should have known that the administration of Ativan WOULD result in her death (or in damages).

If the woman was in need of total avoidance of Ativan and the family knew this, then clearly the family had a duty upon the woman's admission to make it abundantly clear to the nursing home staff and not depend on the staff's having time to read the general notes and records from the prior nursing home.

Unless the need for total avoidance of Ativan was clearly provided in the admission paperwork (to the nursing home), then administration of the medication indicates a poor choice of medications for an elderly person but not a wrongful death claim of malpractice, which is what you are implying has occurred.

If your mother-in-law is willing to pay for a copy of the records, I feel confident that an attorney will assist her in gaining a complete copy of the records. If an attorney chooses to investigate the issue on a contingency basis, the attorney will obtain a copy of these records without expense to your mother-in-law unless your mother-in-law prevails and is awarded damages.

A statute of limitations will apply. In some states, the statute of limitations for a wrongful death is as short as one year from the date of death. Your mother-in-law needs to find out how long she has to file a lawsuit and should take advantage of a free consultation appointment with an attorney.

EC