Neglect by CNA at Nursing Facility...

by MS
(Houston, TX)

My husband (who is bedridden & unable to speak because of a stroke) is in a nursing facility. He was put in a wheelchair alone in his room, unattended, and could not reach the call light. The CNA (Certified Nursing Assistant) forgot to lock the chair or seatbelt him in. He started sliding down out of the chair. He was barely hanging on and was halfway between the chair and the floor before anyone came in his room.

The CNA tried to lift him by herself but he slipped out of her arms and he fell to the floor. He is very frail (115 lbs). This happened over a month ago and he is still complaining of pain even though the x-ray (they did that same night) showed nothing broken. The CNA denies he fell & tried to say he was trying to get back in bed (to put the blame on him), but he wouldn't have attempted to get back in bed because he knows he can't and he's never done it before.

Should we file a suit against the nursing facility for negligence?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Neglect by CNA at Nursing Facility...":

MS (Houston, TX):

If you are sure your husband has not suffered any serious injuries then you really do not have a negligence case. If the “Certified Nursing Assistant” won’t admit her negligence, and the nursing facility won’t cooperate with you, your options are regrettably limited.

Without documentable medical injuries and their directly related medical bills your case of negligence won’t go very far. It really depends what you are looking to do. Without injuries, and without the nursing home’s cooperation, your only compensation would be your satisfaction in removing your husband from the nursing facility.

The question though remains, is it worth it? On the other hand, under the circumstances, there doesn’t seem to be any reason you would want to keep your husband in that facility. If your husband was injured once, it may just happen again.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy