Legal Question in Medical Malpractice in Texas
My father died as a result of nursing home incompetence.
My father lived in a nursing home from August 2004 until April 2005. In March of 2005, my father fell and broke his hip in the nursing home because the staff did not respond when he buzzed them to get assistance to go to the bathroom. After hip surgery, he returned to the nursing home. My sister and I found that my father was not eating properly because he could not sit up to reach his food (which they simply left on a tray near his bed). We asked the head nurse to see that my father received assistance with eating. Twice my sister and I visited my father to find him begging the person feeding him to slow down - that they were shoving food into his mouth too quickly. On April 10th, we visited the home and found my father sitting straight up, gasping for air. The nurse came running in to say that he had choked while being fed and had aspirated some food (chunks of which we found on his sheets). That night we were called and told that my father had been rushed to the hospital because he couldn't breathe. The next day he was dead - the primary cause of death later listed on his death certificate was enterococcal pneumonia. This type of pneumonia results from aspiration of food. Can this be pursued as medical malpractice?
3 Answers from Attorneys
Re: My father died as a result of nursing home incompetence.
I am so sorry to hear about the death of your father. It is so difficult to lose a loved one, especially when their death could have been prevented. I would welcome the opportunity to discuss this matter with you. I believe your family is entitled to compensation for the negligence exhibited by the nursing home which led to your father's tragic death. Please call me.
Re: My father died as a result of nursing home incompetence.
the answer to your question is that this matter could be a case. i strongly suggest that you contact an attorney who is board certified in personal injury trial law with experience in nursing home/medical malpractice cases.
the attorney will review the facts, obtain the records and have those records reviewed by consultants to determine if the nursing home or other providers have breached accepted standards of care.
it is mindful to note that in 2003 the texas legislature and the voters of texas passed laws to limit legitimate claims for our elder population. the attorney will have to review the case and analyze the impact on the case by the laws passed in 2003.
best wishes and i hope you are successful.
bill featherston
Re: My father died as a result of nursing home incompetence.
From your description, you do have a claim and should contact an attorney in your area as soon as possible.
If you would like, our office is located in Grapevine, Texas; Phone (817) 481-6504. Would be happy to discuss this matter further with you.
Joe D. Gregory
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