If my disabled son substained a broken leg while in the care of a home health provider nurse, what legal recourse do I have?

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If my disabled son substained a broken leg while in the care of a home health provider nurse, what legal recourse do I have?

Asked on December 5, 2014 under Malpractice Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could sue her and/or her employer IF she was negligent, or unreasonably careless, in causing or allowing the injury. That is key: she and her employer do not insurer or guaranty your son's health, but rather have the duty to use reasonable care in looking after him. If despite her doing everything reasonable, he still broke his leg, she and her employer would not be liable. (E.g. you do not say what his disability is. For the sake of an example, say that it is a mental disability, but he is physically fine and can normally walk around the home and up and down stairs without a problem. Say that one day he just happened to slip or trip on the stairs, as anyone can do--that would not be the provider's fault and there would be no liability.)

If they would be liable, you could recover any medical costs to treat the leg, including any necessary physical or occupational therapy to regain strength; lost wages (e.g. if you missed work); other out of pocket costs (e.g. if you had to hire addiitional help to watch him while he recovers); and if the leg causes him some long-lasting and signficant life impairment, possibl some amount for "pain and suffering," too.


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