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

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

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.

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944

View Larger Map

  • Dog Bite Law: Was A Dog Attack At The Center Of The NCIS Disputes?
    It’s not often that one of my practice areas collides with popular culture.  For years, I’ve had the honor of representing a number of victims of dog attacks.  These are often horrible, serious incidents because of the emotional toll that a victim experiences from an attack. Imagine my surprise then when I saw a story [...]
  • A Big Texas Supreme Court Win For Personal Injury Victims
    Yesterday, the Texas Supreme Court handed down an important opinion that will help many plaintiffs. In personal injury cases, when a victim goes to the hospital after a wreck and doesn’t have insurance, the hospital can file a lien against the victim’s eventual settlement.  That means that at the end of the case, the client [...]
  • Another Reason To Buy Uninsured Motorist Coverage – Hit-And-Run Wrecks Are On The Rise
    Earlier this week, AAA released a study finding that hit-and-run wrecks are an increasing problem.  Among the study’s findings: A hit-and-run wreck occurs every minute on US roads Hit-and-run wrecks are increasing, with hit-and-run deaths increasing particularly fast One in eight wrecks involves a hit-and-run driver In 2016, there were 2,049 hit-and-run deaths, a record [...]

See other news sources publishing this article. BETA |

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required