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Neglected swollen foot resulted in infection

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debbie0413

Junior Member
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 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!

- DebbieWhat is the name of your state?
 


Dandy Don

Senior Member
You should be consulting with a civil law attorney about this, preferably in the same city/county as to where the incident occurred. You may want to click on the "FIND A LAWYER" link posted at the top of this page or visit www.handelonthelaw.com for an attorney referral.
 
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