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

Answers:

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.


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