Mother's swollen foot led to serious infection

[debbie0413]

What is the name of your state? Washington

I recently moved my mother from an Alzheimer's assisted living facility in Olympia, Washington to another one near me in South Milwaukee, Wisconsin. My mother was given "notice" to move (which a Washington state ombudsman later told me was not legal and viable because the facility did NOT detail all of the discharge specifics in the 30 day notice letter) this summer because she had 4 soft falls in June and was deemed to be a fall risk.

A nurse and I had noticed in late June that my mother's right foot was very swollen and painful. The nurse told me later in August that she had been trying to get the doctor to look into what was causing her foot to swell and be so painful, but she couldn't seem to get him to examine it closely. When I came to Olympia to prepare her for the trip out east, the first thing I noticed was that my mother was wearing a pair of really dirty, stretched out shoes that were half a size smaller than her good shoes. I took these shoes off her feet on Sept. 3rd. I actually have kept these shoes in case I need them for legal purposes. I examined the right shoe and found 2 rough holes that must have caused the sore on her toe that I describe below.

Sometime between the 3rd and the 5th I noticed a sore on my mom's right small toe, and I left a message for a nurse to look at it. An aid and a nurse also helped my mother with a shower on Sept. 5th, so they would have seen the sore as well. With all of the details on my mind about the trip, I forgot to follow up on if the nurse looked at the toe. On Sept. 5th (the day before we left on the plane), I insisted that my mother's doctor look at her foot before we left since it was still so swollen and painful. I was on my mother's left side when the doctor came, so I did not see the sore on the toe to bring his attention to it. I did notice that the doctor barely examined her foot; he noted that my mother's foot was sensitive and painful to the touch. He simply made arrangements for me to take my mother to a radiology clinic in the neighborhood to have her foot x-rayed. We went for the x-ray immediately. The doctor sent word to the nurse a few hours later that the foot was negative for any fractures, but he did not give any additional instructions for her foot and/or the use or non-use of TED hose on that leg.

My mother and I flew to Chicago and spent the night at a hotel (so she didn't have to go on 2 planes and so she could rest). We ended up having to spend one more night at a motel in Milwaukee since the new assisted living place did not get their shipment of a special mattress my mother needed to stay straight and avoid slipping out of her bed. I noticed the sore on her foot getting worse, but I did not know how to evaluate it. By the time we got her checked in to the new facility in South Milwaukee, the nurse who checked her out told me that the sore was very serious. It was black and had a deep hole in it, and I was told that if a couple of more days had gove by without treatment that my mom might be in danger of losing her toe. The receiving doctor started my mother on an antibiotic right away on Friday, Sept. 8th.

I was scheduled to go right back out to Olympia on Saturday to get my mom's room cleaned out. I was nervous about leaving my mom with this foot infection, but without a chance to talk to a doctor, I went on my scheduled flight. When I arrived in Washington I got a call from the new facility that they had gotten a podiatrist to check my mom's foot that day, and that foot doctor wanted to see my mom in his clinic ASAP the next week. I ended up paying more money to get an earlier flight back to Milwaukee, and I was able to take her to the podiatry clinic on Monday afternoon 9/11. I also ended up taking my mother for a special X-ray test on Friday of that week to check to see if the infection had traveled to her bone.

The toe is better but still has some pus in it, so my mother's main doctor ordered a 2nd round of antibiotics. I am still awaiting word if the infection traveled to the bone.

I am contemplating legal action against the Olympia facility and doctor for general neglect of her foot (which most likely caused the falls in June and her subsequent notice to leave the facility) as well as gross negligence of that sore on her toe, especially when she was facing air travel and strenuous activity. Would I seek a Washington attorney or one from Wisconsin? Does anyone know of a good legal referral service on the Internet or by phone? Also, what does anyone who has had experience with similar circumstances think of the merits of this case?

Thank you for any information you can provide!What is the name of your state?

[ellencee]

Originally Posted by debbie0413

What is the name of your state? Washington

I recently moved my mother from an Alzheimer's assisted living facility in Olympia, Washington to another one near me in South Milwaukee, Wisconsin. My mother was given "notice" to move (which a Washington state ombudsman later told me was not legal and viable because the facility did NOT detail all of the discharge specifics in the 30 day notice letter) this summer because she had 4 soft falls in June and was deemed to be a fall risk.

A nurse and I had noticed in late June that my mother's right foot was very swollen and painful. The nurse told me later in August that she had been trying to get the doctor to look into what was causing her foot to swell and be so painful, but she couldn't seem to get him to examine it closely. When I came to Olympia to prepare her for the trip out east, the first thing I noticed was that my mother was wearing a pair of really dirty, stretched out shoes that were half a size smaller than her good shoes. I took these shoes off her feet on Sept. 3rd. I actually have kept these shoes in case I need them for legal purposes. I examined the right shoe and found 2 rough holes that must have caused the sore on her toe that I describe below.

Sometime between the 3rd and the 5th I noticed a sore on my mom's right small toe, and I left a message for a nurse to look at it. An aid and a nurse also helped my mother with a shower on Sept. 5th, so they would have seen the sore as well. With all of the details on my mind about the trip, I forgot to follow up on if the nurse looked at the toe. On Sept. 5th (the day before we left on the plane), I insisted that my mother's doctor look at her foot before we left since it was still so swollen and painful. I was on my mother's left side when the doctor came, so I did not see the sore on the toe to bring his attention to it. I did notice that the doctor barely examined her foot; he noted that my mother's foot was sensitive and painful to the touch. He simply made arrangements for me to take my mother to a radiology clinic in the neighborhood to have her foot x-rayed. We went for the x-ray immediately. The doctor sent word to the nurse a few hours later that the foot was negative for any fractures, but he did not give any additional instructions for her foot and/or the use or non-use of TED hose on that leg.

My mother and I flew to Chicago and spent the night at a hotel (so she didn't have to go on 2 planes and so she could rest). We ended up having to spend one more night at a motel in Milwaukee since the new assisted living place did not get their shipment of a special mattress my mother needed to stay straight and avoid slipping out of her bed. I noticed the sore on her foot getting worse, but I did not know how to evaluate it. By the time we got her checked in to the new facility in South Milwaukee, the nurse who checked her out told me that the sore was very serious. It was black and had a deep hole in it, and I was told that if a couple of more days had gove by without treatment that my mom might be in danger of losing her toe. The receiving doctor started my mother on an antibiotic right away on Friday, Sept. 8th.

I was scheduled to go right back out to Olympia on Saturday to get my mom's room cleaned out. I was nervous about leaving my mom with this foot infection, but without a chance to talk to a doctor, I went on my scheduled flight. When I arrived in Washington I got a call from the new facility that they had gotten a podiatrist to check my mom's foot that day, and that foot doctor wanted to see my mom in his clinic ASAP the next week. I ended up paying more money to get an earlier flight back to Milwaukee, and I was able to take her to the podiatry clinic on Monday afternoon 9/11. I also ended up taking my mother for a special X-ray test on Friday of that week to check to see if the infection had traveled to her bone.

The toe is better but still has some pus in it, so my mother's main doctor ordered a 2nd round of antibiotics. I am still awaiting word if the infection traveled to the bone.

I am contemplating legal action against the Olympia facility and doctor for general neglect of her foot (which most likely caused the falls in June and her subsequent notice to leave the facility) as well as gross negligence of that sore on her toe, especially when she was facing air travel and strenuous activity. Would I seek a Washington attorney or one from Wisconsin? Does anyone know of a good legal referral service on the Internet or by phone? Also, what does anyone who has had experience with similar circumstances think of the merits of this case?

Thank you for any information you can provide!What is the name of your state?

Well, uh, I don't think I understand for what you wish to sue. Do you want the assisted living home in Washington to pay for your flights and expenses in moving your mother closer to you so you can be more closely involved in monitoring/providing care to your mother? Do you believe that by failing to diagnose and treat a skin lesion on your mother's foot that such negligence ultimately resulted in your mother's no longer qualifying for residency at that facility, like she wasn't going to reach that point at sometime in the near future?

You would need to discuss this with an attorney in Washington. I don't think there is a viable claim of negligence that would result in any award of damages; but, I think there is reason to report the incident(s) to the licensing agency for the facility and to the respective licensing boards of the nurses and physicians and possibly a valid reason to file charges of elder abuse (neglect) by a facililty that holds itself out to be experts in the care of persons with Alzheimer's disease. Why not start with a phone call to an elder law attorney in Washington?

EC

[debbie0413]

EC:
Thank you for your response. I first posted in the elder care law section but got no reply.

I have already thought about reporting this facility and the doctor to state monitoring agency(cies). I just wanted to run the situation by this free advice forum first. I believe I will make sure I have all of my mom's medical records sent to the Wisconsin doctors before I complain to regulating agencies about this matter.

I still am quite bothered by the period of time that my mother has endured the pain and discomfort of this swollen foot and infected toe. It is possible that not a lot could have been done for it. However, if I find that this HAS been a treatable condition that the Washington facility and doctor just blew off, then I will be more aggressive in seeking a legal solution. My mother's Alzheimer's has been fairly slow and gradual, and she appears to have some viable time left.

[barry1817]

Originally Posted by debbie0413

EC:
Thank you for your response. I first posted in the elder care law section but got no reply.

I have already thought about reporting this facility and the doctor to state monitoring agency(cies). I just wanted to run the situation by this free advice forum first. I believe I will make sure I have all of my mom's medical records sent to the Wisconsin doctors before I complain to regulating agencies about this matter.

I still am quite bothered by the period of time that my mother has endured the pain and discomfort of this swollen foot and infected toe. It is possible that not a lot could have been done for it. However, if I find that this HAS been a treatable condition that the Washington facility and doctor just blew off, then I will be more aggressive in seeking a legal solution. My mother's Alzheimer's has been fairly slow and gradual, and she appears to have some viable time left.

It might be worth running a check to see if there have been other complaints about this facility, if so that could indicate a pattern of behavior that becomes more serious.

In a case that I dealt with that was dental related the problems with the large dental group had been documented, and when the patient had problems that had been documented and were supposed to have been corrected it led to a very specific cause of action, on top of the negligence.

If there is a pattern of problems, you might also want to find out who licenses such facilities and why they continue to license a health care facility that has problems.

This is not an easy situation to deal with as I have seen states that license facilities but aren't quite as reponsive to dealing with the problems that might arise.

[email]barry1817@aol.com[/email]