Yes. You should have a claim against the nursing home for their negligence in failing to prevent your mother’s fall that caused her injury. Nursing homes are supposed to be extremely careful when using hoyer lifts to transport residents. In fact, the mechanical devices are supposed to be manned by two people when transferring a patient from one surface to another. Unfortunately, many nursing home workers attempt to move residents by themselves—cutting corners.

The nursing home has an obligation to make sure their residents are safe, that the equipment they use is in good-working order, and that the workers who operate the equipment have been trained how to safely use devices like the hoyer lift. When an error on the part of a caregiver occurs, you should be able to file a nursing home neglect lawsuit.

In order to connect your mother’s injury with her death, it may be complicated. However, an experienced attorney can have a doctor show how falling from an elevated height caused your mother’s head trauma, which led to her downward spiral and passing away. If her health never recovered from the accident, an attorney should be able to prove that the fall caused your mother to die a short time after the incident.

Lawyers who handle nursing home abuse and neglect cases will speak with your mother’s doctor and will know what to look for in order to prove your case. A good attorney may even hire an expert to review the fall-related injury and discuss how it was associated with your mother’s untimely death.  

For questions about your case, please feel free to contact us directly to schedule a free consultation today.

Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney