a friend of the family is going to die. she was in the nursing home. the staff took off the railings that keep her from falling out of bed. she fell out at night, and has an anurism in the brain. she's going to die and it's THEIR fault! she was at risk for falling! the family never said take of her rails. what can they sue them for?
2007-12-11 08:14:17 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
NEGLECT -- Most all personal injury attorneys will take this case.
YOU can't sue but the family definitely can.
2007-12-11 08:18:49 · answer #1 · answered by butterfliesRfree 7 · 1⤊ 1⤋
At first blush, this is a negligence case. But before you continue, you have to ask what you can recover in a lawsuit. Generally a lawsuit reimburses things like additional medical expenses, lost wages, lost future income, disfigurement, etc.
If she is in a nursing home and her life span is reduced, then maybe the cost of the nursing home is reduced. She wasn't working so she didn't have wages and future income.
It appears the most you can get would be the medical expenses connected to the fall and pain & suffering. If she ultimately dies from the fall, and you can find an expert to say that, then maybe you can get wrongful death, but still, in most wrongful death cases, the damages tie back to lost income.
You have to look at what you can get out of the lawsuit and one for an elderly person doesn't generally have much profit to it. It would be easier to spend more money suing that what you could get out of it.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-11 16:23:33 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Usually they have some sort clause in their contracts, probably especially about falls. I am not sure if an anurism would be relevent to falling out of bed, unless the head was hit really hard.
I would just call a lawyer. Any good one will have a free consultation and should be able to tell you if they can help you or not.
2007-12-11 16:19:35 · answer #3 · answered by mishi h 2 · 0⤊ 0⤋
Did a doctor say that the aneurysm was cause by one fall from a bed?
Thoracic Aortic Aneurysm can be caused by a chest injury, but a brain aneurysm is usually health related (hardening of the arteries, untreated high blood pressure) or hereditary.
Before suing anyone you need to find out WHAT caused the aneurysm. I do agree that the bed rails should NOT have been removed however.
2007-12-11 16:35:34 · answer #4 · answered by More Lies & More Smoke Screens 6 · 0⤊ 0⤋
You would first need definiative documentation that the anurism was caused by the falls. Sometimes it's hard to prove. But if it is in fact provable, go for it. But make sure you have all yor ducks in a row, before filing the case. If not you will look bad, and could possibly lose the case.
2007-12-11 16:19:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If the aneurysm was caused by the fall then I say it would be a
"death caused by negligence".The family are the ones to decide on making that decision and taking the next step.
2007-12-11 18:33:16 · answer #6 · answered by Babygirl S 5 · 0⤊ 0⤋
Sueing is not the answer to your bitterness. How do you know who took the railings off? She wil not be any better off of from a lawsuit. A lawsuit will also stir up many ill feeling and not allow the griving process to end.
2007-12-11 16:20:19 · answer #7 · answered by Fudge Town 5 · 1⤊ 1⤋
She is a friend of the family and YOU are worrying about sueing??? For what?
Let the family take care of it, and keep out of their affairs.
2007-12-11 16:23:29 · answer #8 · answered by TedEx 7 · 2⤊ 0⤋
YOU have no standing to sue. Let the family decide what to do. It is none of your business.
2007-12-11 16:21:17 · answer #9 · answered by Anonymous · 3⤊ 2⤋