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What is a senior care facility responsible for after an accident?

In TN some Assisted Living facilities offer a tiered system of care. The higher level of care, of course the higher costs!
My 81 y/o Mother has a rare form of Parkinson's, no tremors, but in a W/C.
I met with the leadership group of the assisted living on 4 occasions before moving my Mother.
We even hired a caregiver for 8 hours a day, 7 days a week, and we were paying for the highest level of care the facility provided.
She was there 2 1/2 days when a care partner from their facility dropped or allowed my Mom to fall. I understand accidents can happen but they blew if off saying my Mom fell back into her recliner, hard!
24 hours later I had her transferred by ambulance to the ED for a broken rib. Needless to say, my Mom did not return to that facility!
My question is: We spent approximately 8/m dollars moving my Mom, and have to move her belongings out, which is an added expense!
I guess I have 2 questions? Is there no penalty to these facilities that accept residents that they can not take care of?
Besides the pain and suffering my Mom had to endure, is it reasonable to ask this facility to assist with the finances associated with her move(s)?
Status: Open    Feb 23, 2016 - 11:28 AM

Elder Law

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Jun 01, 2016 - 11:17 AM

This must have been a very difficult and disruptive time for your Mother and for you. Hopefully she is settled and doing well. First, read through the contract and see if there is language about what happens when an injury happens while under care, or payment of expenses if you terminate her residency for cause. An elder attorney can best advise you on the contract, on the likelihood of getting compensation, and on how to approach the facility. Ask the attorney if Small Claims Court is an option to recover some of your costs. Many small claims courts require that the parties first attempt to mediate and settle their disagreements, which can be a productive and non-litigious way to work things out.

Jun 06, 2016 - 07:15 AM

I would recommend that you contact a personal injury lawyer in your state to determine if you have any recourse. These types of attorneys can be quite useful in these situations. If you have the right to seek any recovery and have a reasonable chance to recover, then a lawyer of this type would probably take your case (as they receive payment from any collection). If you cannot find someone to take your case, then you really do not have any other legal recourse (unless you want to pay an attorney hourly to pursue the claim).

The other option would be a personally written request by you to the facility seeking compensation. You could always report them to your state licensing agency, but there would be no personal recovery that would result from that action. Good luck.

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