Dementia Patient Dies as a Result of Fall at Long-Term Care Facility



cbs high res 150x150 brooks schuelke

Brooks Schuelke, Esq.
Schuelke Law PLLC

Austin, TX (Law Firm Newswire) February 26, 2018 – A wrongful death lawsuit was filed, in Houston, Texas, against a long-term care facility after a resident died from injuries resulting from falls.

According to the documents filed with the lawsuit, the plaintiffs’ father was admitted to a long-term care home in Houston as a result of several medical issues, including dementia. The man was admitted in April of 2016.
The suit states that the patient was found on the floor of his room in October 2016 with no witnesses to the fall. Then on December 8, 2016, the man fell once again. As a result of the falls, it was determined that he had a cervical spine fracture but was not able to have an operation due to his age and the kind of injury. The patient died December 9, 2016.

“The lawsuit named the long-term care home and the staff, alleging the facility failed to prevent avoidable falls and did not put a proper care plan into place that would have suited his individual needs, and addressed the risk of falls,” says Austin wrongful death attorney, Brooks Schuelke, not involved in the case.

In Texas, the parents, the children and the spouse of the deceased may opt to file a wrongful death claim and, as in this case, a child or children can likely obtain compensation in relation to a parent’s death. If the family prefers, they may join together and file a wrongful death claim jointly. Siblings of the deceased and grandparents are not permitted to file such a claim.

“Compensation awarded in Texas for a wrongful death lawsuit is usually awarded to all family members affected by the death,” added Schuelke. “The jury or a judge sitting alone usually decides how the compensation is divided up.”

Wrongful death claims in Texas must be filed with two statutes of limitations in mind. In most cases, the statute of limitations is two years from the date of the person’s injury or death. However, each case is different and it is best to consult with an experienced wrongful death attorney to find out what legal limits apply.

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