Can a lawsuit be filed for feeding a patient food outside their prescribed diet in a nursing home?

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I have a friend and we have been visiting her elderly mother in the past few weeks in her nursing home. She had just gotten out of the hospital for her liver failure and all of the components related to it. She just got admitted back to the hospital with worse health problems because a nursing home fed her the wrong foods. Her doctor said she could only eat certain types of foods and the nursing home had got that message. She also suffers from memory problems and is not always alert all the time and was too weak to fight what was being given to her.
Can her family sue for this since I’m thinking her problems were made worse by this nursing home. If so, would it be an injury lawyer? Thanks.

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6 Responses to “Can a lawsuit be filed for feeding a patient food outside their prescribed diet in a nursing home?”

  1. 1
    Kolya Says:

    You can try. Thou remember it is not that easy. Statistically only 3% of medical mistakes are picked by lawyers. Meaning that 97% of legit people who has suffered from medical malpractice will never file a law suite. For variety of reason. The main one – financial. In majority of cases lawyers simply don’t see a substantial financial reward at the end.
    Good luck.

  2. 2
    Teekno Says:

    Yes, a medical malpractice lawyer would be best, since the mistake was made by health professionals (or their staff) at the nursing home.

  3. 3
    Diana B Says:

    You can file a lawsuit any time you can show that

    1) Negligent conduct
    2) caused someone to suffer a quantifiable injury which can be remedied by an award of damages
    3) that injury was the forseeable result of that conduct.

  4. 4
    T.J. Says:

    You can file a lawsuit for anything.
    Winning the case is much more difficult. You will need to prove that the diet is what made her worse. That would be very difficult because she is in such poor health to begin with, that many factors could have caused her to get worse.

  5. 5
    Baa Baa Says:

    I don’t think the mistake on her food intake is the cause of all her problems or has harmed her in any way. I had liver failure and had to get a transplant. The only diet they usually stress for that is low sodium due to fluid retention. They usually don’t give a lot of salt in anything in nursing homes anyway because the elderly often have problems with swelling and edema. If someone wants salt and it allowed to have it, then the kitchen usually will put it on the side for the patient to use it or not use it if they want. I don’t know if this patient had other medical conditions or not that required a special diet or not, but as far as a liver failure diet, there is not a whole lot there that could hurt her no matter what she ate.

    You would have to prove that this diet mistake is responsible for harming her. You will have to show damages to her due to this diet mistake. That would probably be almost impossible due to her already poor health. I don’t think you have a lawsuit. Mistakes are made all the time like this. If everyone was able to sue due to a wrong diet being sent from the kitchen, no nursing homes would exist because they all would be out of business. When something like this happens, you simply correct it and go on. Not every little mistake means you win the lottery with a lawsuit. Now if it was a medication that clearly hurt this patient, then you might have something.

  6. 6
    Elisa Says:

    http://diylegalinfo.com/lawsuit_Links.html has help on how to file a civila lawsuit, class action lawsuit, and all other legal laws and information regarding lawsuits in general.

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