I just found out that a friend's wife, who resides in a dementia wing of an ALF. was pushed by another resident yesterday. She hit her head and her hip was broken. No one from the ALF's management has even spoken to him yet (I guess because it's the weekend); he is wondering if there is any legal recourse. His main concern is that the aggressor be removed from the facility, or else he doesn't want his wife to return.
This is a tough one. Another resident pushed Charlie a few days after he went into the facility and almost caused him to upset his merry walker. Charlie wasn't sure where he belonged and wandered into the other mans room. I was angry and told him just what I might do to him if he ever pushed him again. On the other hand, my Charlie, who did not have an aggressive bone in his body even after he became ill, ran a woman over with his wheel chair just days after he was moved from a merry walker to the chair. He wasn't trying to hurt her, he was trying to PACE. The facility's answer to that was to put a speed restrictor on Charlie's chair so that he couldn't move it very fast. I was not happy but I realized that all the residents needed to be safe. I surely do not know what I would have done if they had said he had to leave the facility. I can see the picture from both sides, but I don't have any answers.
he may have personal injury or negligence recourse but needs to speak with an atty first. i just read a week ago about a NH resident that had been allowed to use a scooter and ran into another resident and they fell hit head and broke hip as well. it was shown the resident was not able to control safely the scooter and should not have had it in the first place. the atty would have to find out if the resident who caused the harm had previously had any aggressive manors or had caused another type of injury to see if the NH has done all possible to curtail the aggression and for safety of other patients. this will always be an issue with dementia as we know the meds need to be monitored with great care for those who show agressive behaviours. plus aggressive patients should not be able to intermix with other residents unless there is adequate supervision. i would tell him to consult a personal injury atty for a consultation asap and find out his options. its always sad to hear things like this happen. divvi
Was there not a situation a few years ago where a former well known wrestler who lived in an ALG picked up another esident and body-slammed him on the floor? I remember there was a lawsuit then,.. but I cannot recall if they sued the 'resident wrestler' or the ALF. Nancy B*
I would expect that there will be incidences at times due to dementia and the progression. However, the ALF should of contacted the POA right away. My husband has had incidences occur before. There was a woman who ran over his feet with her wheel chair and at one time slapped him. When she slapped him, he grabbed her arm. She was so fragile that it tore her skin. They tried to separate them. They told me she was removed from the facility but I found out later that she passed away. There was another incident where my husband and another man got into a fight. They were also separated but it is a tough thing to monitor 24 hours/day. If it continues with no notification or plan I would definitely contact the ALF and possibly move her. Family/friends are their advocates. We have a responsibility to make sure they are safe and well cared for.