fell while in rehab

[luvbskts]

What is the name of your state?Indiana

My mother had a stroke about 5 weeks ago, leaving her partially paralyzed on the left side. She had medical orders not to be left alone. A nurse put her in the shower, on her shower seat, and then left (Mom said that she could hear her nurse chit chatting and laughing in the hall). Mom fell and hit her face. She had to go to the hospital for x-rays and minor care for the cut and bruise. Is she financially responsible for the hospital bill since she was left unattended by this nurse?

 

[ellencee]

Not enough information.

Partially paralysed means many different things. What was her plan of care? Where was she in her progress? What could she do without assistance? Had it been determined that she could NOT be left alone in the bathroom while bathing as long as a caregiver was nearby? How did she fall? Was she trying to do something she knew she couldn't do without assistance? Was she oriented to her true abilities? Orders that she could not be left alone...did she have 24/7 private sitters or a family member with her at all times?

If the facility was at fault, the facility should pay the additional expenses. If the facility was not at fault, the additional expenses should be covered by your mother's insurance benefits.

EC

 

[luvbskts]

Not enough information.

Partially paralysed means many different things. What was her plan of care? Where was she in her progress? What could she do without assistance? Had it been determined that she could NOT be left alone in the bathroom while bathing as long as a caregiver was nearby? How did she fall? Was she trying to do something she knew she couldn't do without assistance? Was she oriented to her true abilities? Orders that she could not be left alone...did she have 24/7 private sitters or a family member with her at all times?

If the facility was at fault, the facility should pay the additional expenses. If the facility was not at fault, the additional expenses should be covered by your mother's insurance benefits.

EC

mom has lost use of her left leg, it has very little movement and was uncontrollable. She had been in rehab center about 1 week when she fell. Her care hadn't made a lot of progress yet since she was so new. She had orders, even in print in her room and on her wheelchair, that was not to be left unattended. The nurse, who is also a PT, was out in the hall and would not have been able to see her. She said yesterday that she was just sitting on her shower chair and just slid off. She didn't/doesn't have the strength to support herself to keep her from falling. She said that after she'd fallen, 4 or 5 staff members came in to see what had happened. Mom said that they'd gotten her up and that's when her nurse came back into the room. One of the staff members turned to her nurse and said "where the hell have you been?" This same nurse also left another patient that feel and hit her face also. Mom still gets confused and has poor short-term memory. As far as the last question, I'm not for sure what you're asking. She was in an inpatient rehab facility, we were never asked to stay or provide a private duty nurse. I hope this helps.

 

[ellencee]

luvbskts
From the information in your second post, it appears that the facility should pay for the additional costs associated with the fall but without reviewing the records, I can not give you any definitive information.

The orders to not leave the patient unattended must be less useful than the paper on which they are written unless the facililty provides 1:1 staffing at all times and we know that isn't true. Patients, residents, clients, by whatever name, can not be attended at all times unless 1:1 is provided by the staff or by private sitters or family members. It is a sign of "idiots at work" to post rules/orders in a facility that does not have the means to comply with its own rules. Usually such postings indicate an inexperienced clinical management team.

If you are your mother's representative, meet with the facility and resolve this issue. If you believe the facility will not take appropriate actions against the caregiver who failed to protect your mother, report the caregiver to his/her licensing board and ask for a review of the events and appropriate disciplinary actions. You can report this caregiver regardless of the outcome with the facility (as regards the additional expense). In doing so, you may save your mother and other patients from being injured due to this professional's lack of judgment and the associated provision of substandard care.

Consult with a medmal attorney in the area of the rehab facility (same state) and find out the merits of any potential claim and the statute of limitations that will apply.

Best wishes,
EC