My poor mother passed away after a horrible ordeal in the nursing home. Long story short, everything that happened was unbelievably crazy, so I got the 911 records. Then I got the nursing home records. She was allowed to lay in her bed, in a non-responsive state, for over two hours before an ambulance was called. The records clearly state when she was found, what her oxygen levels were, and when 911 was called. The damage was not reversible and my mom passed away 2 weeks later. And that's only half of our nightmare.
An attorney has stated that I have case against the nursing home. This isn't about money (and I know very well the attorney will get the bulk of the money), but the nursing home needs to be held accountable. I would like to donate the money to various charities as I have no desire to profit from my mom's death. Medicaid was paying for the facility at the time of her death (that's all they paid for), I'd like to know how long it will take them to ask for the lawsuit money. Her hospital bills were paid by Medicare and her supplemental policy. I just don't want to give it away and then have to pay it back out of my own pocket.
Has anyone been down this road before? Am I going to have to communicate with the nursing home administrators? I don't want to see them people or talk to them.
Good luck
1) Did you contact the state department of health do do an investigation? The state can levy fines and look at individual licenses. Plus the facility may receive a reduced star rating.
2) If your mom was on Medicaid, then any monies will be subject to claw back similar to placing a lein on a home. You will not get an opportunity to donate as it will go back to the government.
For one more statement. The amount of award to be considered will most likely depend on her age and if she was supporting a family. The highest awards go to a family provider in the peak of their profession with kids.
I also parrot another response on a saturation of 90. This is acceptable normal. For someone to qualify even for oxygen, she would have needed a recorded Sat of 88 for 5 minutes. Even then this level would not kill her.
I had an experience trying to sue the nursing home my father was in during the last months of his life.
Just because your attorney says you have a case that doesn't mean you will win it and be awarded any damages.
The lawfirm I went to said we had a case too then it turned out after further investigation that 'current nursing home standards of care were met'. This was unbelievable to hear, but that was it.
Unfortunately, the bar on 'nursing home standards' is pretty low. So low that it beggars belief and I live in a rich, blue state. It still does though.
I hope you win your case. I really do. Then take the money and enjoy it. Never mind with donating it to charity unless you're so wealthy that you need a tax write-off.
I'm sure your mom would be happy knowing her child was sitting on some gorgeous, white sand beach sipping pina colada or driving a new car then giving the lawsuit money to charity. That is if there even is any.
Good luck and I hope you win.
However, no attorney is going to take this case. Med Mal suits are hard to win and hard to get the courts to take seriously.
You weren't there, you don't have the evidence you need. An Osat of 90 would cause no alarm, a lot of people have Osats in the 70's and are OK.
You'd be better off making a complaint through the proper channels.
A lawsuit will eat you up, mentally and you won't 'win' and then you'll be twice-angered.
Also, IF she has a DNR, then there's truly nothing you can do. With a DNR, to call 911 and treat would be in violation of that document.
I'm sorry you're hurting, but don't add insult to injury.
Secondly, be certain there are WITNESS who WILL TESTIFY to how long care was denied your Mom by the nursing home itself and with a good memory as to stated reasons of personnel as to why EMS was not called and as to why care was withheld.
You don't mention your mom's age or overall condition before this illness. Nor do you mention the coroner's exam and cause of death for your poor mom. It would help to know also if she went from active and relatively well to a sudden change, and what those changes were. That would help in deciding whether there may be a case here.
Do know that winning such a case is rare as hen's teeth. The only cases that are taken to court today are the ones that mean money in an attorney's wallet. Given that damages for any negligence wouldn't be paid over 250K that means all cases don't give enough money for the enormous cost of expert witnesses/investigations.
The only cases that are money makers today are cases in which permanent and devastating injuries were caused that mean the litigant needs lifelong care; and the litigant must have been a "great loss to society and family" meaning likely a breadwinner with a huge salary. And if a case isn't a "money maker" no attorney will bring it.
These are the realities. I don't know what attorney suggested you have a case. First steps should be filing with the oversite boards for your State regarding nursing homes, and I would call the ombudsman and discuss the particulars in this case.
So, again, you apparently have an attorney who suggests that you begin litigation; that attorney clearly knows a good deal more of the particulars in your case than I do. IF that attorney feels a case should be brought and is willing to do it ON CONTINGENCY with no out of pocket expense to you, then it is worth your considerations.
I am very sorry for your tragic loss.
In my husbands accident case . He had surgery but He has permanent nerve damage to his arm and hand , constant pain. He can barely write. It takes him longer to work on his computer at his job . He has to work more hours ( on his own time since he’s salary not hourly ) to get his work done . The car insurance company of the driver that hit my husband , paid some 85 year old retired doctor to testify and claim that my husband’s pain could be neuropathy from his type 2 diabetes . My husband never had any pain or dexterity issues before the accident . And my husband is still able to do his job and make money so the jury said the driver was negligent but awarded zero dollars. We had spent over $10,000 dollars on surgery deductibles , copays and PT. The woman even admitted to hitting my husband with her car. The jury did not even award my husband the $10,000 back let alone anything for his constant pain and partial loss of dexterity , which is getting worse . My husbands lawyer said he had a case too . Guess what …. doesn’t mean you win.
Whether she knew you or not would have no bearing on a legal case. Health facilities have formidable legal teams. There’s really not much you can gain in a case like this, and it won’t bring your mother back.
My condolences for your loss.
Perhaps you should go to the licensing authorities and make a complaint. You won’t get any money to give away, but you might feel better if you can do something with your anger.
How do you know she was unresponsive for two hours if no one saw her? She could have become unresponsive 10 minutes before they checked on her. An oxygen level of 90? How do you know if no one checked on her? A level of 90, while not ideal, is not dangerously low either. Did you have an autopsy so you know the cause of death? I can't imagine you'd get anywhere without an autopsy.
What are your damages? You didn't pay her medical bills, and sadly, the loss of an elderly person who was essentially terminally ill does not equate a payday.
Your attorney would get a big chunk of the money (about 40%), but you have to pay for all the stuff that leads to the case going to trial, like depositions (about $250 an hour for the court reporter back when we were in litigation), copies of the depositions which are hundreds of pages long, expert witnesses -- doctors most likely, and they run around $1,000/hour for depositions, then the same again if they testify in a trial.
Either you'll pay those expenses up front, or you'll pay them at the end. The nursing home's attorneys will have witnesses ready to testify exactly the opposite of what yours will say, and you not win even if you go to trial, which is highly unlikely.
Either way, the attorneys will make the most money, and you'll have spent years (yes, years) dragging out the unhappy memory of your mother's last days.
I think you'd do better to report the nursing home's actions to the state licensing agency and let them take the appropriate actions. Leave negative reviews for the place on Yelp and Google, but stick to confirmed facts, and don't accuse them of killing your mother or you'll be hearing from their lawyers. That will get more useful action faster than any lawsuit will.
Save yourself more agony and skip the legal route. It isn't worth it.
You need to seek the advice of an elder law attorney who has experience with Medicaid.