Articles Tagged with nursing home fall

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A lawsuit recently filed in North Carolina alleges an elderly woman suffered in agony for 10 days with a broken hip after suffering a fall that went untreated and unreported by her nursing home.wheelchair

According to local media reports, plaintiff was a known fall risk when she was admitted to the facility, and there was even an alarm on her wheelchair intended to notify staffers if she were to get up.

Plaintiff alleges she called for an attendant to help her to the bathroom. However, there was no response, and as nature called, she decided to get up on her own. As she did so, she slipped and fell. This resulted in serious injury.  Continue reading →

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A federal court affirmed a summary judgment in favor of a federally-run nursing home that was accused of negligence in the wrongful death of an elderly resident who fell while unsupervised. The reason plaintiff could not prevail, despite filing the case within the applicable state statute of limitations for wrongful death actions, was that it was the federal statute of limitations that actually applied.hospital room

As justices for the U.S. Court of Appeals for the First Circuit wrote: “To be sure, it is unfortunate when a potentially important claim is lost because a deadline is missed.” Nonetheless, the court wrote, it’s the necessary result when a claimant fails to properly assert the claim within the designated statute of limitations, without which claims would be filed long after the ability to recreate what happened would be feasible.

Although this is understandable, it is a nonetheless disappointing outcome, and one that underscores the importance of immediately seeking a consultation with an experienced nursing home injury lawyer at the first suspicion that negligence may have been the cause of a a nursing home injury or death. Continue reading →

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