After testing positive for covid, My 86 year old mother was transferred from hospital to Skilled Nursing Facility-for rehab.
30 days later, SNF called: mom was being taken to hospital for a chest x-ray because she had a bad cough and trouble breathing.
Turns out she was in severe respiratory distress and had to be intubated.
She had a fever, low blood/oxygen level and had aspirated vomit into her lungs.
All caused by a severe UTI. She died at the hospital on hospice a week later.
From the beginning, I told the staff at the hospital and SNF (including the social worker, floor supervisor and physical therapist) that before Covid, she and my dad were living at home (with a caregiver). Mom had suffered a stroke in late 2020 but was able to walk with various degrees of assistance.
My siblings and I called both places often concerning moms condition, and always told she was stable.
About two+ weeks later, I spoke with moms care team: she still required maximum assistance and was totally incontinent. The SNF was stopping rehab because she wasn't progressing.
Phone calls with mom were brief. She suffered from dementia but still knew us. I told her she would come home as soon as she was feeling better. She said "that would be nice"
My siblings thought a SNF was the best place for her. I wanted to bring her home but couldn't find a caregiver to help me because of moms recent Covid diagnoses.
All the while, We were not permitted to be with her or see her due to strict covid regulations.
Thus, mom was utterly alone-and obviously neglected-for the last month of her life.
I desperately want that SNF held accountable. No-one from there even followed up as to her condition- the social worker thought we were able to bring mom home and had no idea she'd died.
I've already secured moms records from the SNF.
I suppose I'll have to file a lawsuit because I don't have money to pay a lawyer out-of-pocket.
What do I do now?
We live in PA if that matters.
Thanks
More times than not they'll investigate a case and end up not taking it because there's nothing they can do for you.
I spoke to three different law firms about the extreme neglect, financial abuse and fraud, and the very serious injury my parent suffered (a spinal cord injury) while in the care of a certain nursing home.
All three law firms investigated and none took my case.
If the nursing home meets the "industry standards of care" that protects them from being sued. These are the words of all three law firms I spoke with. The standards are pretty low when it comes to the industry. Nursing homes also know how to cover their own asses right and proper too. They are not above using their staff to lie on an incident report. They are not above committing fraud and financial abuse either. Nursing homes rarely get in trouble or are held accountable for anything. All three of the law firms I spoke with told me this. Even the one that is nationally known and specializes in nursing home cases in all 50 states.
I wish you all the best and I hope you find a law firm who will investigate your case and take it.
You should never have to pay a medimal or personal injury lawyer upfront.
They only take cases they know they can win and will take their cut from the award.
That being said, these cases are often "no-go" because of the age of the person who died and their underlying comorbidities.
An elderly frail person can be stable one day and near death the next.
Make an appointment and bring all the paperwork you have and let them look it over.
You should also obtain all the records from the hospital.
Not sure if u have a case. Mom was put in the NH be because of COVID which causes respiratory problems. UTIs are hard to detect in the elderly because they have no symptoms like itching or burning. They usually get Dementia like symptoms so if already suffering from Dementia hard to tell there too. So the question is, was it neglect or COVID complications.
Another fallacy is that it won't cost you anything until you get a payout. That's not true, because if the case actually went to lawsuit stage, you have to pay for depositions, court reporters to take and transcribe those depositions (around $200/hour), experts ($400-$600/hour, including when they're being deposed then again if it goes to trial), and endless other items like court fees.
We were involved in a lawsuit several years ago and spent $50,000 to win $97,000, and the lawyer got $46,000. You can do the math to see how that worked out for us. That took three years of our lives, and after "winning," we didn't feel any better about our situation.
It isn't worth it, and you'll need to find a way to let it go and remember your mother in a positive light.
Just a thought.
What is/are the specific malpractice issues and how did they contribute to your mother's death?
A factor that used to be relevant was what are the standards of care for similar situations, in that particular geographic area? That would be complicated by what are the standards during a pandemic?
It's good that you've already obtained medical records. Years ago when I worked in the medmal field, the good attorneys had the medical records reviewed by an NP or doctor in the appropriate field. Whether the attorney took the case and pursued it was dependent on finding concurring opinions and evidence that a case did exist.
Some cases just didn't get past that initial review by other medical practitioners.
That's what I would recommend (after a good long search for successful medmal attorneys), to determine whether or not a case really exists. In my experience, good medmal attorneys did not file a suit w/o having expert witnesses already lined up.
I am sorry for your loss and understand that you feel someone should be held responsible, but suing w/o good strong, provable grounds would only prolong the sadness of her passing, and probably result in nothing, other than perhaps what used to considered nuisance settlements, i.e., the insurance company offers a nominal payment just to dismiss the case.
One thing to keep in mind about medical malpractice or negligence is that medial personnel are allowed to be human and make mistakes. If they weren't allowed infallibility, no one would ever go into medicine. I'm not an attorney, but your description of what happened to your mother just doesn't rise to the level of gross negligence and only human error at worst.
How do you know your mother was "utterly alone and *obviously* neglected?" You weren't there. I am sure she was fed, given drinks, had her diapers changed, given therapy, etc. by some human beings. How was she neglected?
Your mother was 86, lived a long life, got COVID, and complications. then died. It was her time. HER TIME TO GO.
I would not wish for my mother to live to the bitter end of her Alzheimer's. And she is now going through the disgusting end of it, she is fully incontinent. A few times, when I couldn't get the diaper off quick enough, she would dig her fingers into her poop and spread. Disgusting, disgusting!
She would die of shame if she knew what she was doing. In fact, when she still had her mind, said she would rather die than live the way she lives now. If my mother got COVID and died, I would consider that a blessing.
I would advise you to seek grief support. You need it.
Do not file a frivolous lawsuit.
Allow me to address some of your comments.
To be clear, this is not about mom developing a UTI while under their care.
After mom had the stroke (Oct 2020), the caregiver and our family did our best keeping mom in good health. But she developed UTIs anyway. The trick is to treat the UTI before it gets out of control.
For example:
A few years ago-way before my parents needed supervision-I happened to stop in for a quick visit. My mom was talking incoherently, leaned against a wall and slid to the floor. She didn't know who I was. I called the ambulance, I thought she'd had a stroke. Turns out it was a UTI-and dehydration.
Mom was given antibiotics and fluids. The next day she was "herself" again, but very weak. She remained in the hospital several days. It took weeks of PT before she could walk without assistance.
I am so sorry for your loss. There are currently millions in our country with stories similar to your own. The loss of a loved one is terribly painful.
As a nurse I can assure you that a patient can go from OK to dying in moments. Not hours. But MOMENTS. You have no indicated that this facility did anything wrong. When your Mother's breathing went very wrong they sent her to the ER. That is the advice for ever single person in our country suffering from covid. And people often go bad weeks and months from diagnosis, esp. with the complications of age.
There is likely to be no way I can convince you that nothing but a virus is responsible here for your Mom's death. See as many lawyers as you want to to convince yourself, but never let a crook convince you that if you invest your own money you could win a case such as this.
Again, I am so incredibly sorry. This is so sad and so common now, and as you can see from pictures around the world, it is still going on. Keep yourself well and safe and get the vaccine.
I couldn't go back with her because, naturally, she'd was still testing positive for Covid.
The ER Dr. took me aside and said "Patients are literally dropped at our doorstep. We treat what we find. Your mother was in severe respiratory distress and required intubation. She had a fever, low blood/oxygen level, and had aspirated. Caused by a severe UTI. Now, I can't say how this happened,.." I said "lack of proper care"
He nodded. I said, "she came from (name of a local) SNF." He was taken aback. He assumed she'd come from home.
Suddenly-in early March- mom couldn't walk or stand-at all.
That, an occasional fever and sleeping all day & night were her only symptoms.
We explained to her why she needed to go to the hospital and she understood. She was awake, aware and responded appropriately when questioned by the EMTs.
At the hospital she tested positive for Covid and put in isolation,
She did NOT require intubation or treatments because Her blood/oxygen level was satisfactory. A chest x-ray did NOT show fluid in her lungs, there was no sign of pneumonia.
Her Dr. told specifically that she didn't have another stroke. And she did not have a UTI.
Three day later, she was deemed stable and discharged to the only REHAB accepting Covid positive.
Sadly,
Because the blatant neglect my mother suffered appears to be standard, It's not "worth" a lawsuit. Almost every response implies that I am in denial.
Think about it.
My mother went in to recuperate and REHAB. Her vitals were stable. She wasn't coughing, in need of oxygen or in respiratory distress.
Clearly, The skilled nurses at that facility didn't monitor moms vitals or notice her heath decline.
A month later she's taken to the hospital-for a chest x-ray. The skilled nurses didn't recognize mom was close to death.
Think about it.
No one has said a life isn't worth something.But have said no lawyer will take this case.You can have no proof of what your mother died of. Nor even really of her care as you were unable to be there.
A lawsuit requires PROOF of negligence, PROOF that death could be prevented. UTIs don't cause respiratory collapse unless sepsis has come in. UTI is unlikely to be the cause of death listed on your death certificate.
We have all attempted to tell you that there is no case here. If you need to hear that from a whole lot of lawyers then do take the case to them.
You are grieving and want to be able to find a way to blame others for your Mom's death. She was clearly quite ill on going for some time now. At 86 our resources to fight off things are not good.
I am so sorry you are so unhappy. You have every right to talk to doctors. We are only trying to tell you that almost certainly none will take your case. There is no proof that your Mom was mistreated.
Again, I am so very sorry for your grief. Whatever your choices, I hope for your healing ongoing. I know we all wish you the very best.
Sadly UTIs happen to elderly, esp. women, very often because of thinning of the membranes of the urethra and the fact the urethra is so short. Incontinence increases the likelihood of UTIs. And again, unless you Mom entered with full body sepsis from a UTI, it was likely not the cause of her death. Respiratory failure is the likely cause. And there is no way for a rehab or hospital to have prevented that in a covid case.
My own brother died of sepsis from an untreated cellulitis on his leg. No one at his AFL had any idea he has this on his leg. He was 85. No one was at fault. He died of an illness, and by the fact that his age and infirmity was too much; he couldn't be saved. Again, I am a nurse. I am very sorry for your grief, but I don't believe any one is to blame for your loss. They don't do daily UTI checks. With there being a diagnosis of Covid that was the concern. That something gets "missed" doesn't mean that they are legally liable.There are standards of care. I doubt you will prove that her standard of care was faulty.
FYI: I won't settle if it means the SNF agrees to pay, but won't accept responsibility.
Did you have an autopsy for your mother? I'd be interested to know how a UTI can cause respiratory issues in someone with Covid, but Covid doesn't cause it. Also, there are some funky post-Covid issues some get. My mother had asymptomatic Covid in January, but she's been having bizarre bleeding issues ever since.
This "case" is going nowhere. Please don't bankrupt yourself trying to avenge a natural death.
Lawyer or not, I'm NOT giving up.
Watch This Space
My mom died this past Monday in a hospice house and it is a time of adjustment.
My sincerest condolences to you on the loss of your mom.
Your mother went from being able to mobilise with support, to being unable to stand, sleeping all day, occasional fever; she was sent to hospital. There they found - no stroke, no respiratory infection, you mention a u.t.i. but what treatment was given for this? - and she tested positive for Covid.
So how did the hospital explain the marked deterioration in her condition? And what does it say on her admission form to the SNF?