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The facility didn't even know he was gone. Proper paperwork was not done on patients for 24 hours ( supposed to be every 2 hours ) I am now out of work caring for him until paperwork is complete for new place - should I SUE
Did your father sustain an injury, or was he found and taken to hospital for safekeeping? I hope he's all right.
What has the facility had to say for itself?
To have a reasonable chance of claiming for damages, there has to have been a loss or an injury which you can prove happened as a result of the facility's negligence. You won't, for example, be able to sue for your loss of earnings because, having lost confidence in the facility's care, you are now looking after your father.
By all means consult an attorney, and by all means pursue this serious lapse on the facility's part; but don't let anyone send you off to court on a wild goose chase. Law suits are extremely stressful and heaven knows you have enough to worry about already.
I agree with others here - you don't have a legal case here. What you do have is grounds for a complaint against the facility, which, at the very least, would correct the problem going forward, so this doesn't happen to someone else. (Or at least we hope it will.)
My father was in a NH during the last 6 months of his life, and on dialysis every other day. It became a routine of one day at the NH, one day at dialysis center (off site from NH) with good results, and he'd return to the NH - then the next dialysis day, his blood pressure would bottom out and he'd have to go to the ER to get checked out, then back to the NH. It was a rough, rough cycle. I normally called every single day to check on him, and we went to see him on days when he didn't have dialysis, because he was exhausted when he returned from dialysis, so we'd let him rest and visit the next day. One day, when things were extremely hectic at home with caring for Mom and all the paperwork I was dealing with for Dad, I forgot to call and check on him. The next morning, I called the NH to check on him, and was told they didn't know where he was. They "assumed he was at dialysis". I was *not* a happy camper. Immediately after that phone call, I got a call from the hospital asking if we were coming to pick him up, because he was being discharged, having been there 48 hours. So his BP bottomed out at dialysis, he went to the hospital and NO ONE CALLED US. Not the NH, not dialysis - no one. Dad had dementia, and would either answer questions wrong or not at all, so putting him in the hospital where he needed to answer questions without someone there to speak for him was a recipe for disaster. What if he had died?? We would have gotten a phone call from the hospital asking if we were coming to get the body?? I ripped the NH administrator up one side and down the other over the phone, filed a complaint with the ombudsman and insisted that they SHOW ME the changed procedure sheets that were being distributed to all staff members. You have to advocate for them, and insist that procedures be changed in situations like this, or the changes will never happen.
What I would do is have a heart to heart talk with the head person at the facility, and what do they plan to do so that this doesn't happen again.
Otherwise, how is the facility doing on other care issues? Is Dad clean, well fed, have activities [if he wants to do], keep his room clean, good linen service, nurse 24 hours a day, etc?
I'd check with an attorney. Is he on Medicaid? If so, well, getting a large settlement may disqualify him. I'd explore the options. I would confirm that the Secure facility has filed their reports. The state's regulatory agency that governs that type of facility should be investigating. They may want to speak with you.
I hope the new place opens up for your husband soon!
I'm not sure what you could sue for. I don't blame you for being spitting mad, though!
Sometimes residents do escape from secure places. It happens. (Heck, sometimes prisoners escape from jail!) It sounds like in this case the facility was not even following its own procedures, or they would at least have realized he was gone within two hours of his leaving. I'll bet after the state gets done investigating they clean up that practice! In fact, I'll bet they started enforcing it the day they were notified.
Sue for what??? The hospital bill will be a minimum of $5,000 probably more , I had no faith in taking him back to the same place , it wasn't not just that he wandered off, prisoners escape but are of sound kind in most cases - my father is like a 5 year old - left with only a tshirt in 40 degrees- unnecessary catheter , unnecessary cat scan ( radiation) this was already recently done- not sue ? why not for " LOSS OF WAGES" They clearly made several mistakes - They admitted door was broke for 2 days , They charge D@MN GOOD money to protect our loved ones and keep them safe - he had only been there 4 weeks , I don't really want to sue them but I do however want to be rightfully compensated for medical bills , loss of wages , all incurred expenses due to there negligence - and I do not really think that's unreasonable , I have 3 kids of my own and a job so being a father to my father is difficult - I already feel guilty he was at a place like that but I have to work - the least they could do is take there job VERY seriously - They should have to pay them they wouldn't make those mistakes - it shouldn't have to take someone dying to be taken seriously.
So your Dad - probably looking for the door to his "office" or something like that - left the facility through its faulty security door in the small hours of the morning. His absence went unnoticed until ? He then...? What happened? He was found wandering in underwear on a cold night and taken to the hospital - by whom? Did he sustain any other injuries? Who ordered the CAT scan, and what for?
You certainly should be able to recoup hospital expenses, yes. But you don't have to sue: ask the facility for them. They can also waïve any notice period required. But it's not their fault that you won't accept their explanation and have withdrawn your father from their care, and it's not their fault that you're not hiring alternative care so that you can get to work.
Have you had a meeting with the Director at this place?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Did your father sustain an injury, or was he found and taken to hospital for safekeeping? I hope he's all right.
What has the facility had to say for itself?
To have a reasonable chance of claiming for damages, there has to have been a loss or an injury which you can prove happened as a result of the facility's negligence. You won't, for example, be able to sue for your loss of earnings because, having lost confidence in the facility's care, you are now looking after your father.
By all means consult an attorney, and by all means pursue this serious lapse on the facility's part; but don't let anyone send you off to court on a wild goose chase. Law suits are extremely stressful and heaven knows you have enough to worry about already.
My father was in a NH during the last 6 months of his life, and on dialysis every other day. It became a routine of one day at the NH, one day at dialysis center (off site from NH) with good results, and he'd return to the NH - then the next dialysis day, his blood pressure would bottom out and he'd have to go to the ER to get checked out, then back to the NH. It was a rough, rough cycle. I normally called every single day to check on him, and we went to see him on days when he didn't have dialysis, because he was exhausted when he returned from dialysis, so we'd let him rest and visit the next day.
One day, when things were extremely hectic at home with caring for Mom and all the paperwork I was dealing with for Dad, I forgot to call and check on him. The next morning, I called the NH to check on him, and was told they didn't know where he was. They "assumed he was at dialysis". I was *not* a happy camper. Immediately after that phone call, I got a call from the hospital asking if we were coming to pick him up, because he was being discharged, having been there 48 hours. So his BP bottomed out at dialysis, he went to the hospital and NO ONE CALLED US. Not the NH, not dialysis - no one. Dad had dementia, and would either answer questions wrong or not at all, so putting him in the hospital where he needed to answer questions without someone there to speak for him was a recipe for disaster. What if he had died?? We would have gotten a phone call from the hospital asking if we were coming to get the body?? I ripped the NH administrator up one side and down the other over the phone, filed a complaint with the ombudsman and insisted that they SHOW ME the changed procedure sheets that were being distributed to all staff members. You have to advocate for them, and insist that procedures be changed in situations like this, or the changes will never happen.
What I would do is have a heart to heart talk with the head person at the facility, and what do they plan to do so that this doesn't happen again.
Otherwise, how is the facility doing on other care issues? Is Dad clean, well fed, have activities [if he wants to do], keep his room clean, good linen service, nurse 24 hours a day, etc?
I'm not sure what you could sue for. I don't blame you for being spitting mad, though!
Sometimes residents do escape from secure places. It happens. (Heck, sometimes prisoners escape from jail!) It sounds like in this case the facility was not even following its own procedures, or they would at least have realized he was gone within two hours of his leaving. I'll bet after the state gets done investigating they clean up that practice! In fact, I'll bet they started enforcing it the day they were notified.
They admitted door was broke for 2 days , They charge D@MN GOOD money to protect our loved ones and keep them safe - he had only been there 4 weeks , I don't really want to sue them but I do however want to be rightfully compensated for medical bills , loss of wages , all incurred expenses due to there negligence - and I do not really think that's unreasonable , I have 3 kids of my own and a job so being a father to my father is difficult - I already feel guilty he was at a place like that but I have to work - the least they could do is take there job VERY seriously - They should have to pay them they wouldn't make those mistakes - it shouldn't have to take someone dying to be taken seriously.
So your Dad - probably looking for the door to his "office" or something like that - left the facility through its faulty security door in the small hours of the morning. His absence went unnoticed until ? He then...? What happened? He was found wandering in underwear on a cold night and taken to the hospital - by whom? Did he sustain any other injuries? Who ordered the CAT scan, and what for?
You certainly should be able to recoup hospital expenses, yes. But you don't have to sue: ask the facility for them. They can also waïve any notice period required. But it's not their fault that you won't accept their explanation and have withdrawn your father from their care, and it's not their fault that you're not hiring alternative care so that you can get to work.
Have you had a meeting with the Director at this place?