Should I Sue an Assisted Living Facility?

Question:

My elderly mom lives in an assisted living facility and is a “fall risk”. My mom also has mid-level dementia. The facility usually sedates the patients, or over medicates them in to passivity for control. The sedation medication makes my mom light headed. Fully knowing this, and that she has fallen 2x in as many months, they allowed her to ride alone, around town in their facility bus. My mom should not be on the bus, going up and down stairs is too dangerous. My mom exited the bus and fell down on the pavement, landing on her shoulder. The nurse said she scraped up her whole right side in the fall. This has devastated my mom’s life outlook simply because the shock of the fall has progressed her dementia. Is the facility liable for the negligence of care?

Answer:

You should contact a local attorney in Tampa, FL who specializes in ALF cases.  In Florida the law includes a patient bill of rights and one of those rights is to have appropriate medical care.  You have mentioned several ways that your mother has not received appropriate care.  In order to how this, especially over medication you will need to take her to a doctor outside the facility. You will also need to obtain copies of her medical records so that an expert can review them in order to determine what damages were caused by the inappropriate care.

This legal question was provided by Avvo and answered by Betsey Herd an experienced Tampa Personal Injury Attorney.  This does not consent an attorney client relationship.