What are my rights to compensation from a fall at an assisted living memory care center?
This morning I received a call from my mother's care center telling me she fell from her bed, hit her head, it was bleeding and they called 911. I rushed to the hospital and from where her wound was I immediately questioned in my mind the logistics of her fall. When I finally spoke to the manager on duty I found out that the CNA, who was the lead CNA this morning and very experienced, had just finished changing mom's "briefs", turned to put them aside and in that split second, mom fell out of bed, hitting her head on the carpeted floor. She has two cuts and was bleeding badly. She has been in a hospital bed at the facility and they are NOT allowed to use guard rails. We had mom in a normal double bedded mattress and box springs and her ability to move around in her bed was next to impossible as she is totally infirmed. The facility recently encouraged me very strongly, to change her bed to a hospital bed, for the CNA's benefit of changing her and moving her with the ability of the bed being more portable. I complied immediately. Soon after that they suggested I buy a floor mat in case she falls as it was found that mom actually was able to shift her body some. I bought the mat immediately and they use it. However in this case, the CNA moved the mat as she needed to change mom and standing on the mat while doing that did not make sense. Apparently the CNA left mom on the edge of the bed, on her side for a second to turn away and put the soiled briefs in a bag and then on a chair within arm's reach. The next thing she knew, my mothers yelped in pain as she hit the floor. The rest is what has been mentioned. The manager on duty said these exact words. "The fall was preventable" With that, I plan on making the facility pay for all medical bills that the insurance will not pay and over and above that, is there anything else that I can request from them, aside from a plan to prevent this in the future? How liable are they and should I bring a lawsuit for negligence? Mom is 91 and has been in their care for 3 years and they love her dearly. The CNA is beside herself with regret and I really like her, but this is something that could have been prevented and we are not out of the woods yet. Any advice would be helpful.
13 Answers
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Elders fall, sadly that is their job now. When my Mom was in long-term-care, I lost count on how many times I Mom slipped from her bed, her wheelchair and her geri-recliner. Mom couldn't remember that she couldn't stand or walk. Since nursing homes cannot use restraints, they can only do what they can.
My Mom had fall pads around her bed. The bed was almost down to the floor unless it was time for a diaper change. The Staff even tried a seat-belt on Mom's geri-recliner, but within seconds they heard "click" and Mom had that belt undone. The way I look at a fall, what if the elderly parent was living with a grown son or daughter and the parent fell would any of us sue that son or daughter? Even one that we were paying to take care of the elder?
Simple test
My grandma fell out of her low-to-the-floor nursing home bed and sustained a black eye and broken arm.
My dad fell out of his wheelchair in the nursing home and sustained a black eye which also needed 7 stitches.
Between 50% and 75% of residents of nursing homes fall (NursingHomeAbuseCenter.org). Elderly people fall. While I work in hospice now I spent many years working at the bedside and I can perfectly place myself in the CNA's place. She probably didn't even turn her back but pivoted to dispose of the brief and in that split second your mom fell.
You're fortunate in that the facility is taking responsibility. Not all facilities would. Many would close ranks and you'd end up with vague explanations and excuses. I think it's reasonable that they pay the medical bills but negligence? I'm not so sure. Was the facility negligent? They suggested and paid for a hospital bed and mat. That's not the action of a negligent facility. And you said that the experienced CNA is torn up about the fall. Was she actually negligent? Did the facility and/or the CNA actually neglect your mom, causing her to fall?
You said your mom's been there for 3 years and they adore her. If you bring suit against the facility do you have another facility to move your mom to?
And while I hate to use your situation for a cause I would like to climb on my soapbox for a second and say that taking the rails off of hospital beds in a nursing home was ridiculous. I understand they're considered "restraints" and theoretically people can get their heads wedged in the rails somehow and strangle themselves to death (that probably happened to one person with a tiny head) but the benefits of rails far outweigh the risks. Healthcare workers need those rails. When they're cleaning a person in bed that person needs to be rolled several times and with no rails one can't roll someone from one side of the bed to another. Those rails protect the patient from rolling right off the bed and onto the floor. I understand not tying someone up who's in a wheelchair or recliner and I understand not using soft restraints in the bed but those hospital beds need rails.
*climbing down from my soapbox*
sdbike, I'm sorry about what happened to your mom. Please think long and hard before you sue the facility. Just because you can doesn't mean you should.
Does the contract say that they are not responsible for falls? Most NHs point this out upfront
Mom has had 4 falls since her move to memory care - 3 of the four were assisted falls where they couldn't keep her upright and brought her to the floor on her bottom - during which she hurt her foot so badly that she no longer is able to walk
That said I witness very bad falls there all the time - most recently a family called the ombudsman to investigate
My mother fell in the NH. She got out of bed herself and walked to the doorway. Then down she went -- probably because her hip broke at that point. Was the NH negligent? We didn't think so. They certainly weren't responsible for the hip joint giving out. The same thing could have happened if an aide had been right there. It could have happened if she was using her walker. Sometimes these things are nobody's fault.
Yes, your mother's fall was "preventable." But that assumes she was being attended to by an infallible CNA. Infallible people do not tend to apply for CNA jobs (or any other jobs that I'm aware of.) There is always a risk of human error when our loved ones are under someone else's care. (Or even under our own care.)
It sounds to me like this care center is being very proactive in trying to prevent falls and minimizing the risk of injury if a fall occurs. The staff loves your mom dearly. Personally, I would not rock the boat here.