• YES If you trusted your dad in their care and they abused your trust by forgetting to take care of him, you should sue. you have a good lawsuit, and nursing homes need to be reminded of how important it is for them to be responsible.
  • I would sue them. They get away with this stuff way too much.
  • my mom worked at a nursing home for 18 years....I know it would hurt, but I wouldn't blame the nursing home, and no I wouldn't sue.
  • You could sue: -The nursing home staff -The most senior person on duty when the injury happened -The corporate entity that owns the nursing home I'd probably sue, and they'd probably settle for a good sum. The scenario you present is a textbook case of negligence.
  • I would need a lot more facts. Did your dad have a tendency to roll off beds? Could your dad raise and lower the rails himself? Did the home have a reason to believe that your dad may roll out of bed? The reality is that bad things sometimes happen, but that does not mean that somebody else is to blame. I have been hospitalized a few times in my life, and they never put up the bed rails for me. Of course, I don't have bed rails on my bed at home. So long story short, it is certainly possible that there negligence here, but you would need a lot more facts.
  • just wanted to say i'm really sorry for your loss. take care
  • Yes, of course I would ! It really irritates me that in this world today, when people or a company are (is) wrong...why don't they just admit it, and compensate the injured party accordingly. I fell at Mc D's almost 5 months ago, and broke my leg..due to debris they failed to clean up...But they deny its their fault. They even lied, and said they did a thorough investigation, when they didn't. A homeless guy fell through the wood slats on the bench they had in front of the same restaurant, and hurt his back. He's already been paid. Another guy I personally know, got run over in the drive through at another McD's and the driver sped off..they don't know who it was...But this man got a settlement too. I don't see where it was even McD's fault in the last case, but he still got paid (( He is a Doctor )) Sorry, guys & gals..I just have to vent some of my frustrations here ! McD's bugged the hell out of me until I gave them a recorded(they didnt tell me ahead of time) statment. Then 2 months later, they sent me a letter, saying that a thorough investigation was done, and McD's isn't liable. ((Guess what ? They didnt even ask my witness any questions ! ) Some investigation ! !
  • I'm really sorry if that happened with you. I do sympathize with the situation and I hope you are alright, but I just don't think its worth the lawsuit. You would most certainly gain some money out of it, but if you were to sue them.. don't forget the nurses who would lose their jobs. I'm sorry, maybe thats a little insensitive but I just don't think the loss of a father could ever amount to any money. I would rather avoid the stress.
  • sorry to hear about your dad... don't sue... anything that goes through any court system ends up worse than before
  • ...You would be among the number of people who simply sue "on behalf of their loved ones" to take moolah from someone. Was your grandfather so bitter against the world that he would want harm done to these people because of an accident? I'm sure they feel bad enough, but to take advantage of the situation and sue them and gain a whole lot of money is completely unnecessary.
  • Dad probably did it on purpose. Its classic. Sit on the edge of the bed and fall sideways onto the floor. Hitting your head if you are lucky. He was tired of living. I would sue, because they should not have let it happen. I would ask for enough to pay for the funeral.
  • You could sue the administration and the corporation, but do not blame the staff, as much as it may seem like their fault. Even if it were their fault NAC's are not college grads and what training they do go through is short and then they are thrown out onto the floor. Nurses can be awful, under staffing is a huge problem. On days you you are scheduled to have 6 NAC's you only receive 3 to work with, that's a double load for every NAC. A man who has never fallen out of bed before is tucked in and sleeping, your nurse screams at you to come and do something for her now (that means NOW) you had better go and do it. Double checking the side rails is the least of your concerns at that point. NAC's are almost always stressed out of their minds and while the nurses scream at you to take your breaks your fellow NAC's scream at you not to because your work while your on break falls to them (remember your already short handed). At the end of the day not all of your work is done and whats left you get reamed for not doing, even though you did just pull the load of two people. If you had been fully staffed everything would have gotten done on time and all the bed rails owuld have been checked. NAC's do the best they can with what they have and if your grandfather fell out of bed and died because of the fall (my sympathies) justice should be brought.
  • I suppose the laws are different, in different states. Californian Law doesn't allow a nursing home to use any kind of restraints until the patient proves that they are necessary. My Mother fell out of her bed, while in a nursing home, received minor injuries and so I looked into legal aspects of the situation and that is what I found.
  • If your dad had a physicians order to have the side rails up and the nursing assistant failed to put them up then yes. Side rails are restraints and you have to have orders for them.
  • I'm sorry that happened, but it seems like your Father was old and had already lived a full life. His time had come. Are you sure you are not just looking for closure here. Do you think your Father was really living life in the nursing home? I'm not trying to be insensitive here, I just want you to think it through. I'm sure you can sue if you choose to, but I promise you it will only prolong the grieving process.
  • I'm sorry you lost your father. Whether or not you should sue really depends on whether this was an isolated, unfortunate incident, or if there were any other incidents of neglect involving your dad's care. Look here for examples:,4,55.html If you are still considering a lawsuit, it really shouldn't cost anything to get in touch with a personal injury lawyer and describe what happened. They will advise you if there is something to go on.
  • everyone is sue happy these days... go for it... why not... you probably have a valid case and can make some money off of someone's mistake... making money on death... the new way of making it big in this country.
  • Yes. You may have a difficult time proving neglect on part of the nursing home. You will need a copy of his medical records. this is very difficult to accomplished.
  • I am sorry for your dad's passing. It is difficult to deal with such a major event such as this in ones life. I do hope you find peace and closure. I hate to be the one to ask these following questions but it will help. what state or country are you and your dad in? Side rails are restraints. Many areas require a Doctors order to have side rails in use. you stated that you were tired of this kind of actions and care in another comment. what other forms of neglect did you witness? If you found there to be other instances of neglect did you report them? If your dad had a habbit of falling out of bed and there was no order for restaints, did you seek precautions and inform his Doctor? Is there any documentation of your dad having a history of falls from bed? Did you bring any of these instances to the attention of the DON or ADON and make arrangementst for Doctor assistance to look into these instances? If you felt your dad was being neglected in any way did you make arrangements to have him moved to a family members home or another facility? Was your dad still the POA of his own medical treatment or was someone else appointed? Did your dad have any form of mental illness or demintia? Have you contacted the local state medical board for an investigation into the matter? . I know these may be difficult questions at a time such as this. but, if you plan to proceed it will only get worse and a lot more personal. I would advise some soul searching and closure before continuing. Dont take to long though, you need to act quickly in order to gather all the facts and evidence. just beaware that it will not be a fast or easy undertaking. It may open old wounds several times which can be hard and feels like you are dealling with his passing all over again. . I wish you peace and happiness. I Believe your dad is in a better place. Remember to explore your own feelings and to not let your emotions overwhelm you. If you ever need help or to talk, friends and family are great comfort and there are many trained help groups as well. your personal emotional wellness needs to be a top concern for yourself. Please be safe and take care.
  • yes u can sue.... sue the hospital.. the nurse .. and doctor. see if the dr writes for rails to be up in his charts then yes sue hospital. but u cant sue dr for it was charted his rails r to be up. its like a restraint. if dr order's them it has to be done. if not ordered then u can sue him too. good luck.
  • This happened to my mother in law in a hospital. My wife went ballistic and advised the hospital administrator that she was to receive not one bill for her mother from this hospital or else. My wife did not sue, but had two witnesses that observed my mother in law fall, simply because she was sedated and the bedrails had not been raised. No bills and no lawsuit. the hospital also paid for the funeral.
  • Oh you bet I'd be suing !! I'd find the meanest crook of an attorney (and I Know a few ) and take that nursing home for EVERY dinme of insurance that they have !! +5
  • Actually, my father wanted them to put the rails up on my mother's bed, and asked them to put them up. They said they'd been removed, and that BY LAW they were NOT allowed to do it. They put "seizure pads" up, instead. (She broke her hip, and for a while, was trying to get out of bed to go to the bathroom. LUCKILY, they'd put the bed down as far as it would go, and put pads on the floor. The nurse found her sitting on the floor by the bed when they checked on her. Dad asked for the rails to be put on/up, and found out that they legislated against it. Apparently, some legislator's mother couldn't get out of bed, and so they wrote that law, in Indiana, at least.) Stupid lawmakers. GEEZE!
  • I love my parents, I'll do the best I can that I will never let them live in a nursing home, cuz I'm scared that such thing happen.
  • You could, and probably should sue, but just remember, collecting damages is the most difficult part. Here in my area, a nursing home owner who had five different facilities was found negligent. They simply left town, and declared bankruptcy, putting all the people in their five homes out of a home. The family who won the suit, plus all the people in their homes were left holding the bag.
  • Damn skippy!
  • Or did your dad put the railing down? Check with a lawyer. Check with the state board that licensed the home. Check with the Better Business Bureau to see if others have filed complaints.

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