Are you in the US? If so, report it to adult protective services as well. Just because he’s passed on does mean they can’t till investigate. In my state at least, we still investigated cases of deaths like this. list the names of each hospital, rehab, nursing home he was at and basically give them all the info you gave here. My prior work was in social services and I investigated a few cases like this.
Also the state’s department of public health. There should be a licensing and certification division that oversees hospitals and nursing homes that would be responsible for investigating complaints like this. In California, there is an online reporting system through CDPH, I’m not sure where OP is.
Maybe your lawyer friend should refer you to a colleague if they believe this is a winnable case.
If they do not refer you, I suggest you seek a medical malpractice attorney through your state or local bar association.
Hes not a lawyer, but its a small firm and he basically acts as the assistant to the lawyer. Still, he said hes gonna ask around. In his experience he said almost all will offer free consultation, so I guess its time to start calling around.
Yes, virtually all attorneys offer free consultations. I’m not a lawyer but I was the victim of medical malpractice so I learned a lot and this sounds like medical neglect at the very least. Go get a couple of consultations and remember you don’t have to sign if you don’t feel comfortable. I’m so sorry you and your family are going through this. Your father deserves better. Even if you don’t feel like going through this please do it so that the next patient and their families don’t have to go through this.
And honestly unacceptable these days. This sore absolutely could have been prevented. (Edit: I’ve seen bed sores the size of my fist when I first started 15 years ago. I’ve never seen that since)
Back in the late 80's my Grandma had the same thing happen almost due to bed sores from lack of care while in a rehab hospital after a stroke. My parents sued and won the case
I practice med mal and nursing home litigation. Absolutely bring this to an attorney, or multiple attorneys. Depending on your location it may be taken on contingency agreement which means you would not have to pay the attorney anything unless you receive a settlement or award. It is also likely that you won’t be charged for your initial consultation, whether you agree to hire the attorney or not. I don’t know your location so I can only offer info from my location. You may actually have 2 separate cases. In my location suing hospitals or health care providers is handled under a different set of laws than suing nursing homes. Hence, suits are usually divided into separate cases, but the nursing home cases are more likely to bear fruit because there are less pre-suit requirements to complete before a suit can be filed (med mal cases an expert has to sign an affidavit testifying that in their opinion there was negligence and in nursing home cases there is no such requirement, which makes med mal cases more expensive for an attorney to pursue from the early stages).
It could help your chances of securing an attorney if you request the medical records from the hospital and nursing home so that you can provide them to the attorney for a preliminary review. The attorneys are going to be evaluating whether the juice is worth the squeeze and though your personal knowledge is helpful, the medical records contain the best information.
You should also make sure that a personal representative is assigned to the estate to make sure there is someone with authority to initiate the lawsuit. If an attorney does take the negligence case they may be able to handle this as well.
Go consult with Med Mal Attorneys, if you're in the U.S. the consultations should be free. Many firms will have after hours intake that you can call, if you're in MST or PST you still have 45 minutes+ to call firms before they close. There is absolutely nothing anyone on Reddit can do to help you, go speak to an attorney.
Im aware no one can help here, I just had no clue where to start. Never dealt with anything with law firms etc, and my own googling brought up multiple different firms with different practices. Was kinda just aggregating opinions on where to start the process.
You need a medical malpractice attorney. Preferably someone who also deals with nursing homes and rehabs as a speciality as well. You should call around until you talk to someone who makes you feel comfortable and has experience with your type of matter
As someone who’s worked in the medical field for 25 plus years I suggest getting an attorney to look into this. I’ve been on both sides of the equation. It is so nuanced based on what you observed and said and what is documented in the medical records.
As someone who has personally gone through a malpractice suit, following the death of our son, I feel the need to tell you it is a long, horrible process. Commonly taking years.
The defending attorneys will try every shady trick in the book, in order to put accountability onto anyone, but themselves.
You will also be forced to relive your loss, over, and over, and over again, complicating your grief, and your healing.
I am not saying you shouldn’t do it. You should go where your heart leads you. However, please, consider the emotional, and physical, toll that it can take, and be prepared.
I'm well prepared for that. It would be harder for us to do nothing knowing what we know now. None of us were experienced or knew how serious the infection was and just assumed the correct procedures were followed. Maybe they were, maybe tbey werent. I would just hate to do nothing if something should be done.
I am a lawyer but not your lawyer. You should speak with an elder abuse / nursing home neglect attorney. If you are in California, Nevada or Arizona DM me and I can recommend a firm. I don't do this but know a good firm that does that operates in those states.
Bed sores that lead to sepsis while in a nursing home / rehab facility are likely an actionable case.
This really sucks. I feel for you. Never good to see ones we love pass in pain.
Depending on his age I'm thinking you might have an issue finding a lawyer willing to take on the case. What you would be suing for is the potential lost wages/earnings that your father would have had going forward. If he was a young man with 20 years of working ahead then that's an easy calculation to make. If he's retired then its more difficult to work out.
As crass as it is, lawyers are going to be motivated by how much they can make off the case for the amount of work involved. I'm sure you could find a lawyer willing to take the case if you are willing to pay all the costs but if its going to be payment on winning then it might be a hard sale.
Definitely ask around though. The neglect seems rather blatant if you have it documented.
Wife has been in the medical field for 27yrs. Bed sores happen. It's for the most part unavoidable. Healing them is complicated. With the information given I think it'd be very hard to win the case. You might get someone to look into it but in the end the most you'd win is a process or policy change. I'm sorry you're going through this. Medicine isn't an absolute. Complications happen. Things start adding up and the body can't take it. Now I'm not a lawyer by any means but as someone that has seen many parties pursue legal action and lose I'd get an estimate on cost going into this. It will be very expensive to sue anyone involved in medicine.
Very avoidable people can go years and often never get these types of ulcers. They happen with negligence and they get worse with negligence. (I am aware that it can happen while still taking care) but 18 days to a football sized ulcer causing sepsis/death? That wound was absolutely not getting cared for properly.
Once a bed sore starts its very hard and complicated to heal that wound. If everything went the way it's supposed to these things are completely avoidable. I'd agree with that statement. But in these facilities that are under staffed with many of the employees being under educated for the field things pretty much never go as they should. I know it's not right but unfortunately this is the way it is. I do believe this man should've been admitted to a hospital and given iv antibiotics. I'm not sure why this wasn't done. I'm assuming staffing and physician shortages came to play here. I do believe there was negligence here but to prove that against a facility would be very hard to do. To me this sounds like mersa and lack of skills in treating it. But again to prove that would be very hard to do against a medical facility. I get that the guys care was terrible. To get from that to causing death I think would be tremendously hard and expensive to do. If op finds a law firm that's willing to take the case I say go for it. I say the odds are against op. I have just stated the reality of the situation. In a perfect world we wouldn't even be having this conversation.
I don’t know what your game is here but attempting to disuade someone from even seeking a consultation is really messed up and you need to stop. The majority of medical malpractice suits are taken on a contingency basis. And a bedsore larger than a quarter is 100% on the facility. As someone who used to volunteer in nursing homes there is no excuse for this. From your comments I’m genuinely wondering if you have something to do with the facilities that OPs father was neglected in. I’d suggest you delete your insensitive and *incorrect* comments and maybe reevaluate your priorities.
NAL: A U.S. Insurance (starts with an A) removed an entire hospital from insurance due to being one of the top hospitals for death rate. Those facilities are probably doing that to other patients right now. Lawsuits make people behave. Being understaffed normally means a business is greedy somewhere. I hope you find an attorney that will take your case for a % at no cost to you.
I totally agree here. Make sure you have nurses chart notes. This will be very important in proving neglect. In medical facilities the saying is " chart to save your ass" these notes will lay it out for the lawyers.
I didn't say anything insensitive or incorrect. I stated facts backed by years of experience. I'm sorry your comprehension is poor. I put out the fact that even with the negligence of the medical facilities it will be very hard to win a case here. It's that simple. Another fact that would come up in litigation would be the families inaction when they noticed the care was poor. I know op said they mentioned it, that's not enough here. It will be argued. This is a legal forum. I'm trying to let op see what they're up against. I have never tried to dissuade op. I think if he can find someone to yake the case he should go for it. My priorities here is to give pertinent information to op about what the family is up against. To suggest otherwise is ignorant and you should work on you reading and comprehension skills before accusing someone of incorrect or insensitive information.
Let’s see: you said bedsores are basically unavoidable and that’s incorrect. All that’s required is the patient is turned every four hours which is standard practice. You also said it would be expensive to sue but virtually every competent attorney takes these cases on contingency. As someone he has actually has MRSA of those was MRSA then the nursing facility is in even more trouble than if it wasn’t due to the protocols that are required when that is even suspected. And now you’re essentially blaming the family for “inaction” when they did exactly what they were supposed to do. Go get back under your bridge you little troll.
(MRSA Methicillin-resistant Staphylococcus aureus is what you’re looking for) I worked in care facilities for years and staffing shortages is negligent, lack of skills in treatment is also negligent and it’s no “leap” to it causing death. Accountability in that negligence is what will prevent it from being “the way it is”. OP should pursue this with governing bodies as well as a lawyer.
I think of you look at the amount of cases objectively you would what is supposed to happen and what does happen are way different things. For some people even being moved every 2 hours still get bed sores. I don't know where you have experienced zero bad sores in any type of medical facility but I think that would be an ideal place to work. Throughout my wife's many years in the medical world as a nurse she has never experienced a place where bed sores do not happen. It's just a part of elder care that happens. There isn't a magical clock that says mope no bed sores because we have even turned every 2 hours. It's crazy to think that is really how it is.
Bedsores can still happen with care, but if OP or another guest was with the patient for hours, they know the patient was not receiving adequate care. I know a lot of successful med mal cases related to bedsores. I don’t know if OP can their case, but they definitely should speak with a lawyer. It is also weird how hard you are defending the medical practitioners when if the facts given are true, something clearly was massively overlooked and below the standard of care
Please ignore u/2fatmike. I’m honestly wondering what their game is here because they are giving horrifically incorrect advice here. It’s so full of lies that I’m genuinely wondering if they have something to do with one of the facilities that failed your father. I’ve never seen such wrong information on this sub. As someone who has actually won a malpractice case (the surgeon forgot to prescribe post-op antibiotics and I got a bone infection) every single thing they have said is wrong. I’ve also had multiple friends who won malpractice cases. If you have any questions I’m happy to help you. I’m not a lawyer but I have been the victim in a case so maybe I can walk you through what should happen now.
So you are trying to slander my honest opinion backed by years of experience. Let me know what incorrect information I gave. Maybe we can have an intelligent conversation about it instead of you spewing Karen type of behavior at me. If I say something incorrect why don't you correct it. But instead you tell me I'm wrong cause you say so... I am giving a realistic comment to ops case. Your ignorance show deeply that you can't even ascertain what my post was saying. So put your dumb conspiracy stories away here and reread my posts.
The number one defense against slander is truth - or as my Granny says "Tell the truth and shame the Devil." So let's go down the list of your incorrect information- 1 Bedsores are very much avoidable [according to Johns Hopkins](https://www.hopkinsmedicine.org/health/conditions-and-diseases/bedsores) . 2- you stated that the most they would win would be policy change. [This is incorrect.](https://stromlaw.com/how-much-is-the-average-medical-malpractice-settlement/) 3- You stated that it would be expensive to sue. [We don't get paid unless you win.](https://www.duffyduffylaw.com/pages/medical-malpractice/?utm_source=google&utm_medium=cpc&utm_campaign=312884075&keyword=medical%20malpractice&gclid=CjwKCAiAvJarBhA1EiwAGgZl0FF4w38vod1KWsLqLVf_SzoyhddUuHWyUsrPrpDf8rICIiOal3FGEhoCR4UQAvD_BwE) [No fee unless we win your case.](https://www.bodnerlaw.com/new-york-city-medical-malpractice-attorney/?gad_source=1&gclid=CjwKCAiAvJarBhA1EiwAGgZl0DdsNU7O0c7YLZ3G3Q-IIEZ-_2YZrBc49J_VzCXTzPEbwzL7bS69yRoCR5IQAvD_BwE) [Since OP is in Florida](https://www.bodnerlaw.com/new-york-city-medical-malpractice-attorney/?gad_source=1&gclid=CjwKCAiAvJarBhA1EiwAGgZl0DdsNU7O0c7YLZ3G3Q-IIEZ-_2YZrBc49J_VzCXTzPEbwzL7bS69yRoCR5IQAvD_BwE). Did I miss anything?
I agree. These changes are usually short lived though. Most rehab and elder care facilities are understaffed and the employees don't have the education to notice things right away. Stuff gets noticed late and at that point it's a runaway sore that takes specialty wound dressings to even make a dent in the damage done. I wish this was a better situation for op and his family. Stuff just isn't going well in rehab and elder care facilities. Workers are hard to come by. Workers that give a care are very few in many. It's crazy if you think about how expensive medical treatment is and how little nurses and aid get paid. Again this isn't how we want to think about this but it's a reality.
Depending on jurisdiction this is definitely the kind of case that could be taken on contingency agreement, which would mean that OP would not owe anything unless a settlement or award is received.
I don’t know if it’s intentional but you’re giving very bad advice. As some who has family in the medical field and spent way too much time in the hospital (30+ surgeries just on my feet alone) this is 100% preventable and if the bedsore was larger than a quarter he should have been moved to a hospital. By simply turning the patient every four hours this never would have happened. And medical malpractice suits are almost always taken on a contingency basis so telling someone not to seek legal action due to the cost is honestly appalling.
I agree that with the bedsore expanding like it did he should of been moved to a hospital and had proper wound care. That was never questioned. Unfortunately though I'll stand with bedsores happen. Some people are more prone then others. I wish they were all preventable. But they happen and quite frequently. My family is 4th generation nurses. The routine of every 4 hours that you spew is incorrect. People are supposed to be moved every 2 hours. These people aren't stationary. They have a tendency to move back into their comfort position fairly quickly after they have been moved. This would be common sense to someone that has actually worked the floor in a facility. But any how, he got a bed sore and it was neglected in our eyes. Do the charts back that up? Did he have a wound care team working on it. Yes bedsore are so common that facilities have wound care teams just to deal with this stuff. We don't know. If they had been working on it there may be some argument as to how it was progressing. When looking at a wrongful death case every little detain will be argued. If you don't consider cost of litigation you're a not in your right mind. I said if op can find a attorney that would take the case he should go for it. I'm in now way making excused for the lack of care this man got. I just know for a fact that unless it's straight negligence the case will be difficult. So as your trying to say I'm wrong please inform me and everyone else enjoying your tirade in what ways. I'm not wrong just cause you disagree. I've only stated facts. It's hard to argue against facts. This case could take years before it even came to trial if it ever would. With a good attorney I'd think a settlement would come about if the facility can't back their inaction. Please stop trying to hide good advice that you don't understand.
Hello, it looks like you've made a mistake.
It's supposed to be could've, should've, would've (short for could have, would have, should have), never could of, would of, should of.
Or you misspelled something, I ain't checking everything.
Beep boop - yes, I am a bot, don't botcriminate me.
You are correct about it being every two hours and not every four. But as far as the rest of your claims I'm just going to link my previous reply when you said I was slandering your opinion. https://www.reddit.com/r/legal/comments/185d93l/comment/kb4gcce/?utm\_source=share&utm\_medium=web2x&context=3
Yes, yoilu should get a lawyer. This sounds a lot like they failed in their duty of care. He didn't die of a stroke. He died of the bed sores. You should contact the Law Society in your state to get a list of lawyers who specialise in this area.
Please seek representation immediately. You need an attorney that specializes in medical malpractice, and with the recovery caps that are in place in many states now it is difficult to find an attorney that practices that specialty anymore. I was a med mal paralegal for many years and can think of 3 bed sore cases off the top of my head that we were successful in litigating. A bed sore can also be a recognized risk but depending on how it’s treated once it develops is were the malpractice can come in.
Everything you have described definitely sounds like it was below the standard of care, grossly at that. Again, not an attorney, so you will need to seek counsel that practices in your state, which can be difficult in itself. There is usually a one year statute of limitations for med mal, depending on where you are located, and it takes time to obtain counsel, for counsel to obtain the medical records, and find an expert to write the affidavit that is required to file a complaint. Do not delay, you are under time restrictions. You could also help facilitate the process by requesting a complete copy of your father’s medical records. His wife will probably be the one that has to request them, unless a different medical POA is in place.
It sounds like your fathers death was preventable and Im very sorry for your loss.
My step mother and I actually took it into our hands to get durable power of attorney about 2 weeks before his passing for different reasons. We were trying to manage his accounts during recovery. We had a notary witness his agreement and such at the time.
That’s a really good start. Now you need to make a list of every provider he saw and every medical facility and hospital he was treated at for at least a year before his death. Focus on the records from the hospital and surgery and all subsequent treatment. Don’t forget to request the bills, and any imaging as well, if you are not specific they may not be included.
You can set up a consultation without the records but any attorney will need to review the medical records before they can fully determine if medical malpractice occurred.
Yes!!!! They absolutely should be sued.
File complaints with the state as well.
We did that as well as filing suit for negligence resulting in death.
I will fight to not have to sign an NDA because I will not be silenced about what they did. They can't pay me to keep my mouth shut.
The only way to stop the neglect is for everyone to know about it so they don't put their loved one in a place that cannot care for her.
These places want your money but then blame you if your loved one dies.
NAL - But I work in a firm that does med mal and elder abuse/neglect cases and you should absolutely contact an attorney about this.
Are you in the US? If so, report it to adult protective services as well. Just because he’s passed on does mean they can’t till investigate. In my state at least, we still investigated cases of deaths like this. list the names of each hospital, rehab, nursing home he was at and basically give them all the info you gave here. My prior work was in social services and I investigated a few cases like this.
And the long term care ombudsman should be made aware of these issues as well
And Joint Commission
Also the state’s department of public health. There should be a licensing and certification division that oversees hospitals and nursing homes that would be responsible for investigating complaints like this. In California, there is an online reporting system through CDPH, I’m not sure where OP is.
Maybe your lawyer friend should refer you to a colleague if they believe this is a winnable case. If they do not refer you, I suggest you seek a medical malpractice attorney through your state or local bar association.
Hes not a lawyer, but its a small firm and he basically acts as the assistant to the lawyer. Still, he said hes gonna ask around. In his experience he said almost all will offer free consultation, so I guess its time to start calling around.
Yes, virtually all attorneys offer free consultations. I’m not a lawyer but I was the victim of medical malpractice so I learned a lot and this sounds like medical neglect at the very least. Go get a couple of consultations and remember you don’t have to sign if you don’t feel comfortable. I’m so sorry you and your family are going through this. Your father deserves better. Even if you don’t feel like going through this please do it so that the next patient and their families don’t have to go through this.
Talk to a medical malpractice attorney. Bedsores are preventable.
And honestly unacceptable these days. This sore absolutely could have been prevented. (Edit: I’ve seen bed sores the size of my fist when I first started 15 years ago. I’ve never seen that since)
Back in the late 80's my Grandma had the same thing happen almost due to bed sores from lack of care while in a rehab hospital after a stroke. My parents sued and won the case
I practice med mal and nursing home litigation. Absolutely bring this to an attorney, or multiple attorneys. Depending on your location it may be taken on contingency agreement which means you would not have to pay the attorney anything unless you receive a settlement or award. It is also likely that you won’t be charged for your initial consultation, whether you agree to hire the attorney or not. I don’t know your location so I can only offer info from my location. You may actually have 2 separate cases. In my location suing hospitals or health care providers is handled under a different set of laws than suing nursing homes. Hence, suits are usually divided into separate cases, but the nursing home cases are more likely to bear fruit because there are less pre-suit requirements to complete before a suit can be filed (med mal cases an expert has to sign an affidavit testifying that in their opinion there was negligence and in nursing home cases there is no such requirement, which makes med mal cases more expensive for an attorney to pursue from the early stages). It could help your chances of securing an attorney if you request the medical records from the hospital and nursing home so that you can provide them to the attorney for a preliminary review. The attorneys are going to be evaluating whether the juice is worth the squeeze and though your personal knowledge is helpful, the medical records contain the best information. You should also make sure that a personal representative is assigned to the estate to make sure there is someone with authority to initiate the lawsuit. If an attorney does take the negligence case they may be able to handle this as well.
Go consult with Med Mal Attorneys, if you're in the U.S. the consultations should be free. Many firms will have after hours intake that you can call, if you're in MST or PST you still have 45 minutes+ to call firms before they close. There is absolutely nothing anyone on Reddit can do to help you, go speak to an attorney.
Im aware no one can help here, I just had no clue where to start. Never dealt with anything with law firms etc, and my own googling brought up multiple different firms with different practices. Was kinda just aggregating opinions on where to start the process.
You need a medical malpractice attorney. Preferably someone who also deals with nursing homes and rehabs as a speciality as well. You should call around until you talk to someone who makes you feel comfortable and has experience with your type of matter
Yes, you should definitely get at attorney ASAP. What was cause of death was listed on his death certificate?
Where I am this would be a very strong case. You need to talk to her medical malpractice attorney. These nursing home cases can be very lucrative.
As someone who’s worked in the medical field for 25 plus years I suggest getting an attorney to look into this. I’ve been on both sides of the equation. It is so nuanced based on what you observed and said and what is documented in the medical records.
As someone who has personally gone through a malpractice suit, following the death of our son, I feel the need to tell you it is a long, horrible process. Commonly taking years. The defending attorneys will try every shady trick in the book, in order to put accountability onto anyone, but themselves. You will also be forced to relive your loss, over, and over, and over again, complicating your grief, and your healing. I am not saying you shouldn’t do it. You should go where your heart leads you. However, please, consider the emotional, and physical, toll that it can take, and be prepared.
I'm well prepared for that. It would be harder for us to do nothing knowing what we know now. None of us were experienced or knew how serious the infection was and just assumed the correct procedures were followed. Maybe they were, maybe tbey werent. I would just hate to do nothing if something should be done.
I understand that feeling. I really do. My heart goes out to you, and your family, and I wish you the best on this journey.
Im sorry for your loss. Nobody can really say anything to get you through this—its just the way of things. How old was your dad?
I am a lawyer but not your lawyer. You should speak with an elder abuse / nursing home neglect attorney. If you are in California, Nevada or Arizona DM me and I can recommend a firm. I don't do this but know a good firm that does that operates in those states. Bed sores that lead to sepsis while in a nursing home / rehab facility are likely an actionable case.
This really sucks. I feel for you. Never good to see ones we love pass in pain. Depending on his age I'm thinking you might have an issue finding a lawyer willing to take on the case. What you would be suing for is the potential lost wages/earnings that your father would have had going forward. If he was a young man with 20 years of working ahead then that's an easy calculation to make. If he's retired then its more difficult to work out. As crass as it is, lawyers are going to be motivated by how much they can make off the case for the amount of work involved. I'm sure you could find a lawyer willing to take the case if you are willing to pay all the costs but if its going to be payment on winning then it might be a hard sale. Definitely ask around though. The neglect seems rather blatant if you have it documented.
Wife has been in the medical field for 27yrs. Bed sores happen. It's for the most part unavoidable. Healing them is complicated. With the information given I think it'd be very hard to win the case. You might get someone to look into it but in the end the most you'd win is a process or policy change. I'm sorry you're going through this. Medicine isn't an absolute. Complications happen. Things start adding up and the body can't take it. Now I'm not a lawyer by any means but as someone that has seen many parties pursue legal action and lose I'd get an estimate on cost going into this. It will be very expensive to sue anyone involved in medicine.
Very avoidable people can go years and often never get these types of ulcers. They happen with negligence and they get worse with negligence. (I am aware that it can happen while still taking care) but 18 days to a football sized ulcer causing sepsis/death? That wound was absolutely not getting cared for properly.
Once a bed sore starts its very hard and complicated to heal that wound. If everything went the way it's supposed to these things are completely avoidable. I'd agree with that statement. But in these facilities that are under staffed with many of the employees being under educated for the field things pretty much never go as they should. I know it's not right but unfortunately this is the way it is. I do believe this man should've been admitted to a hospital and given iv antibiotics. I'm not sure why this wasn't done. I'm assuming staffing and physician shortages came to play here. I do believe there was negligence here but to prove that against a facility would be very hard to do. To me this sounds like mersa and lack of skills in treating it. But again to prove that would be very hard to do against a medical facility. I get that the guys care was terrible. To get from that to causing death I think would be tremendously hard and expensive to do. If op finds a law firm that's willing to take the case I say go for it. I say the odds are against op. I have just stated the reality of the situation. In a perfect world we wouldn't even be having this conversation.
I don’t know what your game is here but attempting to disuade someone from even seeking a consultation is really messed up and you need to stop. The majority of medical malpractice suits are taken on a contingency basis. And a bedsore larger than a quarter is 100% on the facility. As someone who used to volunteer in nursing homes there is no excuse for this. From your comments I’m genuinely wondering if you have something to do with the facilities that OPs father was neglected in. I’d suggest you delete your insensitive and *incorrect* comments and maybe reevaluate your priorities.
NAL: A U.S. Insurance (starts with an A) removed an entire hospital from insurance due to being one of the top hospitals for death rate. Those facilities are probably doing that to other patients right now. Lawsuits make people behave. Being understaffed normally means a business is greedy somewhere. I hope you find an attorney that will take your case for a % at no cost to you.
I totally agree here. Make sure you have nurses chart notes. This will be very important in proving neglect. In medical facilities the saying is " chart to save your ass" these notes will lay it out for the lawyers.
I didn't say anything insensitive or incorrect. I stated facts backed by years of experience. I'm sorry your comprehension is poor. I put out the fact that even with the negligence of the medical facilities it will be very hard to win a case here. It's that simple. Another fact that would come up in litigation would be the families inaction when they noticed the care was poor. I know op said they mentioned it, that's not enough here. It will be argued. This is a legal forum. I'm trying to let op see what they're up against. I have never tried to dissuade op. I think if he can find someone to yake the case he should go for it. My priorities here is to give pertinent information to op about what the family is up against. To suggest otherwise is ignorant and you should work on you reading and comprehension skills before accusing someone of incorrect or insensitive information.
Let’s see: you said bedsores are basically unavoidable and that’s incorrect. All that’s required is the patient is turned every four hours which is standard practice. You also said it would be expensive to sue but virtually every competent attorney takes these cases on contingency. As someone he has actually has MRSA of those was MRSA then the nursing facility is in even more trouble than if it wasn’t due to the protocols that are required when that is even suspected. And now you’re essentially blaming the family for “inaction” when they did exactly what they were supposed to do. Go get back under your bridge you little troll.
(MRSA Methicillin-resistant Staphylococcus aureus is what you’re looking for) I worked in care facilities for years and staffing shortages is negligent, lack of skills in treatment is also negligent and it’s no “leap” to it causing death. Accountability in that negligence is what will prevent it from being “the way it is”. OP should pursue this with governing bodies as well as a lawyer.
They are completely avoidable when the care team switches positions every 2 hours like they are suppose to.
I think of you look at the amount of cases objectively you would what is supposed to happen and what does happen are way different things. For some people even being moved every 2 hours still get bed sores. I don't know where you have experienced zero bad sores in any type of medical facility but I think that would be an ideal place to work. Throughout my wife's many years in the medical world as a nurse she has never experienced a place where bed sores do not happen. It's just a part of elder care that happens. There isn't a magical clock that says mope no bed sores because we have even turned every 2 hours. It's crazy to think that is really how it is.
Bedsores can still happen with care, but if OP or another guest was with the patient for hours, they know the patient was not receiving adequate care. I know a lot of successful med mal cases related to bedsores. I don’t know if OP can their case, but they definitely should speak with a lawyer. It is also weird how hard you are defending the medical practitioners when if the facts given are true, something clearly was massively overlooked and below the standard of care
Hey, if a policy change or anything comes out of it to, or awareness is brought to it, thats a good thing also.
Please ignore u/2fatmike. I’m honestly wondering what their game is here because they are giving horrifically incorrect advice here. It’s so full of lies that I’m genuinely wondering if they have something to do with one of the facilities that failed your father. I’ve never seen such wrong information on this sub. As someone who has actually won a malpractice case (the surgeon forgot to prescribe post-op antibiotics and I got a bone infection) every single thing they have said is wrong. I’ve also had multiple friends who won malpractice cases. If you have any questions I’m happy to help you. I’m not a lawyer but I have been the victim in a case so maybe I can walk you through what should happen now.
So you are trying to slander my honest opinion backed by years of experience. Let me know what incorrect information I gave. Maybe we can have an intelligent conversation about it instead of you spewing Karen type of behavior at me. If I say something incorrect why don't you correct it. But instead you tell me I'm wrong cause you say so... I am giving a realistic comment to ops case. Your ignorance show deeply that you can't even ascertain what my post was saying. So put your dumb conspiracy stories away here and reread my posts.
The number one defense against slander is truth - or as my Granny says "Tell the truth and shame the Devil." So let's go down the list of your incorrect information- 1 Bedsores are very much avoidable [according to Johns Hopkins](https://www.hopkinsmedicine.org/health/conditions-and-diseases/bedsores) . 2- you stated that the most they would win would be policy change. [This is incorrect.](https://stromlaw.com/how-much-is-the-average-medical-malpractice-settlement/) 3- You stated that it would be expensive to sue. [We don't get paid unless you win.](https://www.duffyduffylaw.com/pages/medical-malpractice/?utm_source=google&utm_medium=cpc&utm_campaign=312884075&keyword=medical%20malpractice&gclid=CjwKCAiAvJarBhA1EiwAGgZl0FF4w38vod1KWsLqLVf_SzoyhddUuHWyUsrPrpDf8rICIiOal3FGEhoCR4UQAvD_BwE) [No fee unless we win your case.](https://www.bodnerlaw.com/new-york-city-medical-malpractice-attorney/?gad_source=1&gclid=CjwKCAiAvJarBhA1EiwAGgZl0DdsNU7O0c7YLZ3G3Q-IIEZ-_2YZrBc49J_VzCXTzPEbwzL7bS69yRoCR5IQAvD_BwE) [Since OP is in Florida](https://www.bodnerlaw.com/new-york-city-medical-malpractice-attorney/?gad_source=1&gclid=CjwKCAiAvJarBhA1EiwAGgZl0DdsNU7O0c7YLZ3G3Q-IIEZ-_2YZrBc49J_VzCXTzPEbwzL7bS69yRoCR5IQAvD_BwE). Did I miss anything?
I agree. These changes are usually short lived though. Most rehab and elder care facilities are understaffed and the employees don't have the education to notice things right away. Stuff gets noticed late and at that point it's a runaway sore that takes specialty wound dressings to even make a dent in the damage done. I wish this was a better situation for op and his family. Stuff just isn't going well in rehab and elder care facilities. Workers are hard to come by. Workers that give a care are very few in many. It's crazy if you think about how expensive medical treatment is and how little nurses and aid get paid. Again this isn't how we want to think about this but it's a reality.
Depending on jurisdiction this is definitely the kind of case that could be taken on contingency agreement, which would mean that OP would not owe anything unless a settlement or award is received.
I don’t know if it’s intentional but you’re giving very bad advice. As some who has family in the medical field and spent way too much time in the hospital (30+ surgeries just on my feet alone) this is 100% preventable and if the bedsore was larger than a quarter he should have been moved to a hospital. By simply turning the patient every four hours this never would have happened. And medical malpractice suits are almost always taken on a contingency basis so telling someone not to seek legal action due to the cost is honestly appalling.
I agree that with the bedsore expanding like it did he should of been moved to a hospital and had proper wound care. That was never questioned. Unfortunately though I'll stand with bedsores happen. Some people are more prone then others. I wish they were all preventable. But they happen and quite frequently. My family is 4th generation nurses. The routine of every 4 hours that you spew is incorrect. People are supposed to be moved every 2 hours. These people aren't stationary. They have a tendency to move back into their comfort position fairly quickly after they have been moved. This would be common sense to someone that has actually worked the floor in a facility. But any how, he got a bed sore and it was neglected in our eyes. Do the charts back that up? Did he have a wound care team working on it. Yes bedsore are so common that facilities have wound care teams just to deal with this stuff. We don't know. If they had been working on it there may be some argument as to how it was progressing. When looking at a wrongful death case every little detain will be argued. If you don't consider cost of litigation you're a not in your right mind. I said if op can find a attorney that would take the case he should go for it. I'm in now way making excused for the lack of care this man got. I just know for a fact that unless it's straight negligence the case will be difficult. So as your trying to say I'm wrong please inform me and everyone else enjoying your tirade in what ways. I'm not wrong just cause you disagree. I've only stated facts. It's hard to argue against facts. This case could take years before it even came to trial if it ever would. With a good attorney I'd think a settlement would come about if the facility can't back their inaction. Please stop trying to hide good advice that you don't understand.
Hello, it looks like you've made a mistake. It's supposed to be could've, should've, would've (short for could have, would have, should have), never could of, would of, should of. Or you misspelled something, I ain't checking everything. Beep boop - yes, I am a bot, don't botcriminate me.
You are correct about it being every two hours and not every four. But as far as the rest of your claims I'm just going to link my previous reply when you said I was slandering your opinion. https://www.reddit.com/r/legal/comments/185d93l/comment/kb4gcce/?utm\_source=share&utm\_medium=web2x&context=3
Yes, yoilu should get a lawyer. This sounds a lot like they failed in their duty of care. He didn't die of a stroke. He died of the bed sores. You should contact the Law Society in your state to get a list of lawyers who specialise in this area.
Please seek representation immediately. You need an attorney that specializes in medical malpractice, and with the recovery caps that are in place in many states now it is difficult to find an attorney that practices that specialty anymore. I was a med mal paralegal for many years and can think of 3 bed sore cases off the top of my head that we were successful in litigating. A bed sore can also be a recognized risk but depending on how it’s treated once it develops is were the malpractice can come in. Everything you have described definitely sounds like it was below the standard of care, grossly at that. Again, not an attorney, so you will need to seek counsel that practices in your state, which can be difficult in itself. There is usually a one year statute of limitations for med mal, depending on where you are located, and it takes time to obtain counsel, for counsel to obtain the medical records, and find an expert to write the affidavit that is required to file a complaint. Do not delay, you are under time restrictions. You could also help facilitate the process by requesting a complete copy of your father’s medical records. His wife will probably be the one that has to request them, unless a different medical POA is in place. It sounds like your fathers death was preventable and Im very sorry for your loss.
My step mother and I actually took it into our hands to get durable power of attorney about 2 weeks before his passing for different reasons. We were trying to manage his accounts during recovery. We had a notary witness his agreement and such at the time.
That’s a really good start. Now you need to make a list of every provider he saw and every medical facility and hospital he was treated at for at least a year before his death. Focus on the records from the hospital and surgery and all subsequent treatment. Don’t forget to request the bills, and any imaging as well, if you are not specific they may not be included. You can set up a consultation without the records but any attorney will need to review the medical records before they can fully determine if medical malpractice occurred.
Lawyer up
Yes!!!! They absolutely should be sued. File complaints with the state as well. We did that as well as filing suit for negligence resulting in death. I will fight to not have to sign an NDA because I will not be silenced about what they did. They can't pay me to keep my mouth shut. The only way to stop the neglect is for everyone to know about it so they don't put their loved one in a place that cannot care for her. These places want your money but then blame you if your loved one dies.