If my mother attends adult daycare she fell in the center and is now n the hospital, is this a neglect case?

Asked on September 21, 2011 under Personal Injury, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Why would it be a neglect case? People, especially the elderly, do fall. These falls generally do not involve any negligence, neglect or other wrongful action. If they fall, they may need medical attention, or even hospitalization.  If your mother fell and needed to be hospitalized, and they brought her to the hospital, there is no neglect; or even if she fell and you or someone else brought her to the hospital, there is no neglect.

If you can show that the staff of the adult daycare was doing something wrong--e.g. did not provide her assistance standing or walking when she asked for it or they were aware she needed it--that would be  different matter; but simply falling and going to the hospital, without more, does not show neglect.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.