Assisting living stopped giving blood thinners to mom and she stroked

The assisted living facility my mom was staying at somehow
forgot to get her blood thinner pills a week and a half ago.
Saturday night she had a massive stroke. What should i do?

Asked on September 17, 2018 under Malpractice Law, Idaho


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable assisted living facility would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the assisted living facility, it may be possible to settle the case with the assisted living facility's insurance carrier.
Notify the assisted living facility's insurance carrier in writing of your mother's claim.
When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her treatment where no further improvement is anticipated, obtain her medical bills and medical reports.  Her claim filed with the assisted living facility's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document her medical treatment and condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the assisted living facility's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the assisted living facility's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the assisted living facility.
If the case is NOT settled, your mother's lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your mother will lose her rights in the matter forever.

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