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Man is dying in ICU now.

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He had some kind of wound infection as a result of neglect at a nursing home. They let him stay wet with urine and stool in bed all the time. That is why the wound on his lower back got infected. Will his family be able to file a malpractice against the nursing home after he dies?
 


Just Blue

Senior Member
He had some kind of wound infection as a result of neglect at a nursing home. They let him stay wet with urine and stool in bed all the time. That is why the wound on his lower back got infected. Will his family be able to file a malpractice against the nursing home after he dies?
What state? Who are you in this situation?
 

zddoodah

Active Member
Will his family be able to file a malpractice against the nursing home after he dies?
Of course. Anyone can sue anyone for anything.

If your intent was to ask about the likelihood of succeeding, your allegation that a nursing home "let him stay wet with urine and stool in bed all the time" is insufficient to permit an intelligent assessment of the merits. Any family members who concur with your assessment of negligence should consult with a local attorney for review of the facts and advice.
 

Taxing Matters

Overtaxed Member
You seem to be assuming he is going to die from this. Why do you think that's the outcome that will happen? Did hospital staff tell you that, or did they say he might die, or what? If he has a chance to recover then I'd think his family would be focusing on whatever needs to be for him to survive rather than contemplating lawsuits. Finally, if the family knew this was going on, what actions did they take to try to fix the conditions he was living in? Should he die from this, either his closest relatives or his estate (or perhaps both) might have a good lawsuit against the nursing home. The specifics depend on not only all the facts but the law of the state in which this occurred. I don't have anything close to the full facts and I don't know the state, so I can't really give you much more than this.
 
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stealth2

Under the Radar Member
He had some kind of wound infection as a result of neglect at a nursing home. They let him stay wet with urine and stool in bed all the time. That is why the wound on his lower back got infected. Will his family be able to file a malpractice against the nursing home after he dies?
The above is why I ask about the family's involvement. How does the family know this is the cause of the wound and the infection? Pressure sores are common, certainly. And they can become dangerously infected. It's easy to blame a care home, but... One must also be realistic about the number of patients that are needing care. "But we're paying..." isn't an adequate excuse, to be honest. One must be prepared to be vigilant about the care their loved one receives, rather than simply expecting strangers to provide it - regardless of what is being paid - and then looking for a payday when it goes south.
 

not2cleverRed

Obvious Observer
The above is why I ask about the family's involvement. How does the family know this is the cause of the wound and the infection? Pressure sores are common, certainly. And they can become dangerously infected. It's easy to blame a care home, but... One must also be realistic about the number of patients that are needing care. "But we're paying..." isn't an adequate excuse, to be honest. One must be prepared to be vigilant about the care their loved one receives, rather than simply expecting strangers to provide it - regardless of what is being paid - and then looking for a payday when it goes south.
Additionally, as one's health deteriorates, one becomes more prone to getting bedsores. At least, that's what my mom observed while caring for her dying mother (cancer).

And people should realize that there are severe staffing shortages at these homes.
 

stealth2

Under the Radar Member
Additionally, as one's health deteriorates, one becomes more prone to getting bedsores. At least, that's what my mom observed while caring for her dying mother (cancer).

And people should realize that there are severe staffing shortages at these homes.
Yup. Even with circulating air mattresses and attentive care, pressure sores can happen. I cared for my Mom here and was very mindful of the possibility - we had the air mattress, I made sure to change her position often, applied barrier cream, etc. But still, I could see the areas where her skin was starting to break down. It's a relatively natural - albeit unfortunate - process.

All that said, even with the reality that pressure sores tend to escalate in severity quite rapidly, if one is present with any regularity, it would be impossible to not notice their loved one and/or their bedding not being regularly changed/washed. Which would be the point to step in - either by involving the ombudsman/reporting neglect, making a point of being more present more often, and/or moving their LO to a different facility. Right or wrong, the reality is that a more active family presence tends to result in more attention from staff.

Plus, yes, staffing shortages, turnover, poor pay all play into the problems seen in nursing facilities.
 

quincy

Senior Member
Assuming the gentleman suffering is a senior citizen, here is a link with resources and information on the Elder Justice Act: https://acl.gov/about-acl/elder-justice-act

The link above, to the US Department of Health and Human Services, Administration for Community Living, also provides additional links, with one to an “Eldercare locator.” You might find both support and legal assistance in your area through this site.
 
Thanks for your comments. The state is Florida. Not talking about bedsores. He had some kind of wound (not a bedsore) according to family. Family said he was doing fine until after the surgery was done on the wound. The family is the one who told me that the staff didn't keep him clean and dry and his wound then got infected. The family said the aides were very busy on their cellphones all shift. I am not a personal friend just go to the same church. They took the tube out of his throat today and he will be going into hospice care when they find a bed.
 

quincy

Senior Member
Thanks for your comments. The state is Florida. Not talking about bedsores. He had some kind of wound (not a bedsore) according to family. Family said he was doing fine until after the surgery was done on the wound. The family is the one who told me that the staff didn't keep him clean and dry and his wound then got infected. The family said the aides were very busy on their cellphones all shift. I am not a personal friend just go to the same church. They took the tube out of his throat today and he will be going into hospice care when they find a bed.
Thank you for providing some additional information, Katrinacat@999.

The man/the man’s family can seek out a malpractice/elder care attorney in Florida for a personal review both of the man’s medical history and of the treatment he received while at the nursing home, to see if there is a legal action to pursue. The initial consultations should be free.
 

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