My grandfather had severe dementia and was put in a Fl nursing home. He ended up falling and breaking his neck and dying from the injury during his stay. The hospital reported he had a broken back and multiple other fractures that happened prior to his death that the nursing home never told us about. Can we sue for wrongful death and what are the odds of winning?
It is the "norm" for elders to fall. There were likely many falls that were unwitnessed and not even remembered, and there would be many injuries apparent to spine and other body parts on any autopsy for an elder. There would be no proof at to where or when they occurred.
Falls are, again, the norm. The aging brain loses ability to balance. Falls are often the beginning of the end and it was so for my own mom in her 90s. Pneumonia was once "the old person's friend" and took our elders to the gates of Pearl. Now it is often falls, which, unlike pneumonia, have no cure.
This doesn't mean that you cannot consult an attorney. If he wishes to accept such a case on contingency it may give you some comfort at least in what is found on investigation. But if the attorney wants money up front from you this is your fist clue that you are being taken to the cleaners. You have almost no chance of winning a suit.
How go about this matter
Winning money? How much money have you lost, to claim back? Damages are about money compensation for loss.
Winning a moral victory and revenge? That’s not what a damages claim is about, so good luck.
If you don’t win money, who is going to pay the legal bills?
Exactly . My husband is in constant pain from being hit by a car and is losing function of his hand , didn’t get a dime . . Read my story below . It’s in two replies under Grandma1954 . The jury awarded DH nothing because he’s able to work . He hasn’t lost his salary . The jury didn’t even award my DH money to reimburse us for out of pocket medical costs , deductibles and copays from this accident because the defense attorney painted my husband out to be a greedy person . The driver was found at fault , DH got zero anyway .
Good luck
Yes they take a good chunk but anyth8ing left is more than what you have now correct? And from what I understand if they don't win, you don't pay. That is why I say if they take the case you know it is winnable.
Not all personal injury civil cases are slam dunks though even if the lawyer thought it was winnable . Just ask my husband who was a pedestrian in a parking garage and hit by a car . He had surgery to his arm , permanent nerve damage , losing more and more function to his dominant hand every day .
The driver’s car insurance company’s lawyer argued that either the surgeon screwed up , or my husband didn’t heal correctly because he’s Type 2 diabetic . He also argued that it’s possible my DH had diabetic neuropathy prior to the accident and was trying to now blame his pain on the accident , to profit . He used my husbands diabetes and paid some 80 year old retired surgeon to testify that my DH was still in pain and was losing function , due to his diabetes.
Didn’t matter to these jurors that my husband would not have needed surgery at all if he wasn’t hit . Didn’t matter to them that there was no documented medical record of him having any problems to that limb prior to this accident. Didn’t matter that my DH has no history of neuropathy anywhere at all .
The car insurance lawyer stressed that my DH was still working and not losing wages . Yeah but he struggles, takes him longer to do his job .
You never know with jurors in civil trials is what our lawyer said , not always a slam dunk , sometimes you get surprised . I knew we lost 1/2 way through by watching the jurors faces , so did our lawyer . Jurors awarded not a penny , not even out of pockets expenses for the surgery or PT .
My brother is a retired criminal trial prosecutor . I’ll always remember what he said about the outcome of trials .
“ It’s not about the truth , it’s what the jury believes is the truth “.
1) find a lawyer to take the case
2) find EVIDENCE of neglect and wrongdoing (how? This won’t be easy)
3) settle if you can
4) if it ever reaches the point of trial, assume 3-5 years for resolution
This is my POV.
Other people are correct in that MANY elders have fractured spines. It’s a part of living and getting old.
You can have a consultation with a personal injury lawfirm that spcializes in nursing home neglect and abuse. It's worth a try. They will investigate.
Going in, understand that nursing home regulations for 'industry standards' are extremely low. You will be shocked at what is within industry standards in a nursing home. Especially ones in Florida. They are literally the worst state in the country for nursing home regulations.
See the lawyers and let them review the case. If it finds that the nursing home met industry standards in the state of Florida, you will not be able to sue for wrongful death.
I do not know the statistcs, but falls in the elderly population with advanced dementia are common. Very common. I expect it would be a rare case where evidence is found for abuse or neglect.
Many factors contribute to falls;
. Elderly people lose muscle mass
. Balance becomes poor
. People with dementia have actual brain changes that reduces their ability to walk over time
. They fall & don't always report it
Falls prevention stategies can be used with AIM to REDUCE falls.
But expectations that ALL falls can be prevented, ongoing, is not reasonable.
Note: Falls previention stategies are used in a home setting or a care facility.
When I read posts similar to this, I can't help think the poster is at the angry stage of grief. Looking to find reason & lay blame for the loss of their loved one. Grief councelling may be more appropriate to help process emotions & move on to the acceptance.
It may read as insulting, but I will be frank: Avoid thinking your LO would not have fallen if you were there, if you were watching, if you were helping. A family member can sit & watch, camera & falls alarm mats can be used. Low beds, crash mats on the floor. All of it. A person can fall & will fall in an instant.
People trip, slip, slide off bed edge. Lean forward & fall from chairs or wheelchairs. Lose balance turning or bending, legs give way. Or they drop like a stone when blood pressure drops, have a stroke or heart attack.
But no-one is a superhero that can prevent any of that from happening.
A fall is very common and like you listed is caused by many reasons and not always preventable,
A drop out of a hoyer lift is a whole different scenario . Years ago I knew a family who won a settlement because their mother fell off a toilet , broke a hip and eventually died weeks later . I think she was at the SNF for rehab after a stroke . Her care plan said she was to have someone with her at all times in the bathroom . The CNA left her alone in the bathroom to go get clean clothing .
OP didn’t give details of the fall , I assumed it was a generic non preventable one.
Your financial damages? Forget it! Your ‘wrongful death’ claim is about punishment, which is not what a civil claim is for.
Even if revenge is the driving factor in a wrongful death suit, so what. People have a right to be angry when their loved one dies because others did wrong.
They have a right to satisfaction. The court decides if their suit has merit and damages are awarded.
Nature has taken its natural course.
You're mistaken. It very well can be if that person is supposed to be a lift/transfer assist x2 and wasn't. Just because a person is old and sick does not mean that they should die of a broken neck because the facility that was getting paid to take care of them ignored safety and let that happen.
It's not the nursing home resident or their family's fault if the nursing home is understaffed and everyone is working themselves to the bone. Too damn bad. They're still collecting the huge money every month and for that they are supposed to do their jobs.
That's when you go to a personal injury lawfirm and let them investigate. If they find nothing to sue for, then there's nothing to sue for.
If a fall had taken her life before mom turned into a living corpse, I would have been more than grateful.
I send you sincere condolences on the loss of your grandfather.
There is no way to prevent every fall , especially for people with severe dementia.
In wrongful death lawsuits , they take into account the age , health , life expectancy , earning potential , whether or not the deceased was a breadwinner , had minors, dependents to support.
I doubt a lawyer will take your case . The lawyer has to make money. The lawyer gets paid from the amount awarded . They typically charge a fee for time , and expenses, then after that they take 1/3 of what is left . That would leave you less than 2/3 . Lawyers don’t take cases that will be awarded little to no money which would be the case for your grandfather . If any money was awarded it would be so little that it would all go to pay the lawyer for the hourly fees and expenses including court fees , leaving you nothing.
Your grandfather was terminal with severe dementia , next to no life expectancy left , he was not earning money , he wasn’t supporting anyone as the breadwinner . He was at the end of his life , and died a common way that elderly die .
Your grandfather’s death was not the same as a young healthy man , with many years of life expectancy , dying wrongfully , who was and would be earning money for many more years , and leaving behind a young family and children to support . That is how the value of these lawsuits are determined .
Condolences for your loss .
- when did this happen?
- who put him in the NH?
- what were the circumstances that preceded him being put in there?
- who was your Grandfather's PoA or legal guardian?
- was kind of facility was he in? (AL, MC, LTC?)
An attorney will need to know this and more. One consult will probably be enough to determine if you have a winnable case or not.
Just so you know, elders falling in facilities, and even in their own homes, and getting severely injured and dying is unfortunately very common problem. My 100-yr old Aunt with severe dementia fell in her own home, on carpeting, and broke her hip. She was in rehab when she passed and cause of death was not obvious but most likely a clot that frequently is a result of a large bone break, or the fact that she was in a different environment and wasn't eating or drinking normally, despite the family being there several hours every day. We view her quick passing as more of a blessing, even though we miss her so much.
Your grandpa was in a nursing home, he was dying, why can you all not see this? Old people fall, it is part of life. How do you know all the injuries were not part of the same fall? You can do whatever you choose, personally, I don't think you have a snowballs chance to win.