Medical Negligence and the Elderly
A friend visits a bedridden elderly woman each week. She suffers from a neurological problem in her left leg, which started with an infection after a broken hip. Her situation is one of medical negligence. The doctor who operated on her hip replacement recognized there was a problem and told her to find another doctor. Another doctor associated with the first doctor told her not to call him.
Although this patient has a clear case of medical malpractice, she and her family did not think to sue the responsible party. They are of the generation when patients often thought that their doctor could never make a mistake. They never ask questions or complain about lack of service.
Generally, a lawsuit for medical negligence carries a statute of limitations within two years from the date of discovery. All states have different statutes for when you can sue the other party; however, two years is the average in the US. Unfortunately, more than two years have passed in this particular situation and the family cannot sue the doctor even if they wanted to.
In a case of medical negligence reported by abclocal.com, last year an elderly woman died of hypothermia. Her family sued the nursing home for neglect and for a cover-up resulting in her wrongful death.
Children of elderly patients should investigate any treatment plan devised for their parents to ensure the proper therapy, medication and care. Do not be afraid to ask questions of the doctor or nurse and ask them to explain the reason they are pursuing a treatment plan that you do not understand. Not all nursing homes will cover-up a case of negligence, but there are some unethical facilities.
It is wise to get a second opinion if you feel the elderly patient is not receiving the proper care. If you suspect the doctor or nurse is negligent, document the allegations and see a personal injury lawyer.
Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm... Michael Monheit→