How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

My Mother was a patient there in July of 2014 and her name

Customer Question

My Mother was a patient there in July of 2014 and her name was (Phyllis). On July 20th of last year my husband (Kevin) and I dropped off clean laundry for her. I entered her room it had to be in the upper 80’s due to the temperature being so hot that day. I asked my husband Kevin to try and get some more air running in her room. Then we I walked around her bed I found her oxygen nose tube laying on the floor of the room. I picked it up and put it back on her. Then I tried to wake her up she wouldn't come around so I lifted her arm and noticed a lot more bruising on her left arm. When I unfolded all of her blankets I then noticed bruising around her wrist. Now when she entered this skilled nursing facility by Dad said he signed a paper stating they could not restrain her and that is what these marks looked like to me. I tried to get her to come back around again and she looked really bad like she was dehydrated. I walked out to the nursing unit and told them that she didn’t look good and could they call an ambulance? Her nurse then told me that all her vital signs were good and that they sometimes have bad days and sometimes they good days in front of both my husband and I. Now to me it was pretty evident that no one has been in her room for some time due to fact that her oxygen was on the floor and her tray that had water on it was pushed away from her bed. Her nurse began to tell that all she want for dinner was a sprite and crackers. Now if I couldn’t get her to come around how could she have told this? So my husband and I left the center and about 2 hours later we get a call from my Dad stating the nursing home called and her heart had stopped and they were calling the paramedics. By the time we got to the hospital she was gone. She had only been in that place for a week and half and my mother had died. On her death certificate it states that they couldn't revive her as the main cause of death so my question is how long did she lay in her room at the nursing home and was dead before anyone noticed?
Westridge Gardens Rehabilitation & Health Care Center
11901 Jessica Lane
Raytown, MO 64138 (###) ###-####
My Number is(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
I am very sorry to learn of the death of your mother.Unfortunately nursing home abuse cases are not simple matters to deal with and you are going to be best served by assisting your father in retaining a local attorney or law firm that specializes in this type of litigation to help you. This is a form of "personal injury" litigation (although it is a subspecialty), personal injury claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert to testify as to the cause of your mother's injury and death. That same expert, or another expert will also testify as to the standard of care for the nursing home to establish the "negligence" portion of the claim. Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment). You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly). Depending on the circumstances, there may also be criminal charges involved. You can also make a complaint to the Missouri Department of Health, managed health and nursing home division: http://health.mo.gov/safety/nursinghomesinspected/, the state can investigate and take administrative or criminal enforcement action.

Related Legal Questions