Can my mother sue the nursing home where she resides if they left her injury unattended for more than 2 weeks
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my mother sue the nursing home where she resides if they left her injury unattended for more than 2 weeks
My mother fell and and an x-ray was done but
never bright to the physician attention. She
went 2 1/2 week without anyone attending to
it. after referral to orthopedics found out
fractured clavicle. Can she be compensated
for pain suffering
Asked on June 7, 2016 under Malpractice Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Based on what you write, it is reasonably likely that the nursing home would be found to have been negligent, or unreasonably careless, in not bringing the X-ray to doctor's attention; therefore, there is a reasonable chance that they would be found liable. However, if the only effect was 2 1/2 weeks of pain, it is probably not worth suing: the amount of money for 2 1/2 weeks of unnecessary pain is not large, and meanwhile, medical negligence cases can be very expensive to pursue, since you need to hire a medical expert to render a report and testify. Your mother could spend more on the suit than she'd get back.
The calculus would be different if the delay causes some lasting or even permanent disability or life impairment, beyond the 2 1/2 weeks of pain before treatment. If there is long-lasting or permanent injury because of the delay, then it may well be worthwhile suing, since permanent injuries can result in a substantial award.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.