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  1. #1
    Join Date
    Nov 2010
    Posts
    7

    Default Fall and Serious Injury in a Memory Care Unit

    My question involves an injury that occurred in the state of: Virginia

    My 92-year-old father with Stage 5 / 6 Alzheimer's has been in a memory care facility run by Sunrise Senior Living since October of last year. He has been somewhat unsteady on his feet for some time. On Friday evening Sept 1, I received a phone call from the facility and they said "Your father has fallen and is complaining he is in pain, so we called 911 and sent him to the hospital".

    When I got the hospital, they told me he has a broken hip and will require surgery, which was performed on Sept 5th and involved a new partial hip replacement. He does not really know what is happening to him, or understand the medical procedure, and the operation was high-risk due to his frailty and congestive heart failure. So far, so good, but he's not out of the woods yet on this by a long shot and will have to undergo weeks of physical therapy which he cannot understand. The facility where he was staying at a rate of $ 10,000 per month has said nothing or had any contact with us as to what occured or asked about his condition. I cleaned out his room and asked around - no one knew a thing or if they did they were not saying.

    Some basic questions I have:

    * Does the facility have a duty to assess a resident's ability to walk unassisted and/or determine when that resident needs a wheelchair or an aide to traverse the corridors?

    * Dementia / Alzheimer's patients have no cognitive function, and must rely on others to make good decisions on their behalf. Is there some degree of negligence in this situation?

    * Does this appear to have a valid enough basis to consult a Virginia Personal Injury Attorney?

    In my own mind, this would not have been a fall that would have occured had he had regular assessments and monitoring by an aide. They pretty much allow the residents of the facility free run of the place and do little other than feeding them and bathing. Of course, its annoying that they have not once tried to contact me incident, but that is hardly illegal.

    TIA - Duane C.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Fall and Serious Injury in a Memory Care Unit

    In my own mind, this would not have been a fall that would have occurred had he had regular assessments and monitoring by an aide.
    Wrong.

    Elderly people falling and breaking bones is common and mostly nobody's fault. It could happen in the middle of the night just by falling out of bed. Nobody can be attended every minute of every day.

    That's not to say that negligence is absolutely ruled out but you have to prepare yourself for the possibility that there was no negligence at the facility and, therefore, no money. What's in your mind doesn't count.

    Does this appear to have a valid enough basis to consult a Virginia Personal Injury Attorney?
    Never hurts to consult one.

    As for your other two questions, they are for an attorney to figure out.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fall and Serious Injury in a Memory Care Unit

    A long-term care facility should have anti-fall policies in place, should assess residents for risk of falling and should employ measures to help residents avoid falling. However, even when a facility takes all appropriate measures, some falls will occur. The only way to completely prevent falls would be to utilize restraints that would prevent all residents from standing or walking -- and that would be unlawful.

    Without knowing when, how and why the fall occurred, it is not possible to determine if the care facility was negligent.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fall and Serious Injury in a Memory Care Unit

    They could have eyes-on the patient every second of the day and falls can still happen. I'll bet your kids fell occasionally when they were under your care - doesn't mean you were negligent as a parent.

    Only an attorney in your state with all the facts available can say with any kind of assurance if there was fault here.

  5. #5
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Fall and Serious Injury in a Memory Care Unit

    Thank you for the replies, most appreciated. Most likely I will not take this any further, not looking for a money-grab.

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