Legal Question in Elder Law in California

Father may die from infection caused by Nursing Home Neglect

My father fell and had to have hip replacement surgery. After only 3 days in the hospital the insurance company (Secure Horizons/Graybill Medical Group)had him transfered to a nursing home. On his second day there he fell and opened his incision. I visited him several times a day and he was always in a wet diaper or on urine soaked sheets, he was not being bathed,he was dehydrated and rapidly going downhill.

I removed him from the nursing home and took him to the V.A. hospital. He was on the verge of pneumonia and still not sitting up 3 weeks after his surgery. The V.A. moved him to another nursing home that we chose. A few days after arriving he was not improving so the nurse called the doctor and asked him to visit my dad. He did not show up for 2 days. He was transported by the paramedics to the ICU in another hospital. He has a serious infection (Sepsis) and internal bleeding which I believe started at the first nursing home.

Now the insurance company has had him moved to the ICU in yet another hospital.

It is not very likely that he will survive this ordeal. Who should be held responsible, the nursing home or the insurance company?

Please help me, I do not want to lose him.


Asked on 7/30/04, 8:55 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Father may die from infection caused by Nursing Home Neglect

Insurance company liability is difficult to prove in court, but the nursing home responsible for his care would be liable if their actions fell below the "standard of care" for nursing homes. I'm sorry to hear this is happening to you and your father.

I would recommend going over the facts with an elder law or nursing home injury attorney to see if there's something that could be done on your father's behalf.

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Answered on 7/30/04, 1:33 pm


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