Can my mother sue the nursing home where she resides if they left her injury unattended for more than 2 weeks

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Can my mother sue the nursing home where she resides if they left her injury unattended for more than 2 weeks

My mother fell and and an x-ray was done but
never bright to the physician attention. She
went 2 1/2 week without anyone attending to
it. after referral to orthopedics found out
fractured clavicle. Can she be compensated
for pain suffering

Asked on June 7, 2016 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, it is reasonably likely that the nursing home would be found to have been negligent, or unreasonably careless, in not bringing the X-ray to doctor's attention; therefore, there is a reasonable chance that they would be found liable. However, if the only effect was 2 1/2 weeks of pain, it is probably not worth suing: the amount of money for 2 1/2 weeks of unnecessary pain is not large, and meanwhile, medical negligence cases can be very expensive to pursue, since you need to hire a medical expert to render a report and testify. Your mother could spend more on the suit than she'd get back.
The calculus would be different if the delay causes some lasting or even permanent disability or life impairment, beyond the 2 1/2 weeks of pain before treatment. If there is long-lasting or permanent injury because of the delay, then it may well be worthwhile suing, since permanent injuries can result in a substantial award.


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