She was admitted to a rehabilitation facility following hip replacement surgery. Her recovery would require time, careful monitoring, and assistance with mobility and activities of daily living. The facility was responsible for her care during this critical period. She was vulnerable. She was dependent on their competence and their compassion.
Just days after her surgery, while being assisted to the bathroom, staff dropped her.
This was not a minor incident. This was a woman recovering from major surgery, now subjected to a traumatic fall. The impact on her surgical site was unknown and needed to be evaluated immediately. Her hip replacement was at risk. Additional injury was possible. The situation demanded urgent assessment.
But the facility did not obtain diagnostic imaging. Staff did not evaluate the surgical site. They did not determine whether the fall had caused additional harm. Instead, they continued therapy and treatment as if nothing had happened, moving forward without knowing the true extent of the injury.
The family raised concerns. They saw that something was wrong. They pushed for evaluation. Eventually, reluctantly, an x-ray was obtained.
The results were devastating. Our client’s hip had been dislocated for approximately two weeks as a result of the fall at the rehabilitation facility. Two weeks. Her hip had been out of place for two weeks while staff continued treatment without knowing. Two weeks of delay that could have been prevented by a single diagnostic image ordered immediately after the fall.
Because of that delay, our client was required to undergo a second hip surgery less than one month after her original procedure. Her body had endured two major surgical interventions in weeks. Her recovery was compromised. Her health was deteriorating.
She died in the hospital five days after the second surgery.
The family lost her. The facility’s negligence took her from them. They were left to grapple with the reality that her death could have been prevented with proper care, proper evaluation, and timely diagnosis at the rehabilitation facility.
Negligent Care That Cost a Life
Matthew Broderick represented the family in their wrongful death claim against the rehabilitation facility. The legal team understood the cascade of failures that led to this tragic outcome.
When a patient recovering from hip replacement surgery is dropped, that incident requires immediate evaluation. Diagnostic imaging should be obtained. The surgical site should be assessed. Any concern about dislocation, fracture, or other injury should be investigated immediately. That is the standard of care. That is what competent facilities do.
This facility failed at every step.
They did not evaluate our client following the fall. They did not obtain imaging. They did not determine that her hip had been dislocated. They continued treatment in the dark, unaware that a catastrophic complication was developing.
The family also alleged that staffing shortages contributed to inadequate care. Staff were spread too thin. Care was compromised. On some occasions, staff stopped assisting our client to the bathroom and allowed her to remain soiled. This was not just poor quality care. This was neglect of basic human dignity.
A woman recovering from major surgery, dependent on facility staff for basic needs, left in that condition. A woman whose fall was not properly evaluated or diagnosed. A woman whose hip remained dislocated for two weeks while the facility continued treatment. A woman whose condition deteriorated to the point where a second surgery was necessary. A woman who died just days after that second surgery.
The family’s allegation was clear: the rehabilitation facility’s failure to properly care for our client, failure to evaluate her following the fall, and failure to timely diagnose the hip dislocation necessitated the second surgery and ultimately contributed to her death.
Our legal team was able to present this case to the facility with such clarity and force that the nursing home agreed to make a substantial settlement offer before we had to proceed to litigation.
“We got involved and were able to convince the nursing home before filing a lawsuit to make a good settlement offer.”
- Matthew Broderick, Wrongful Death Attorney
Accountability for Negligence
This $450,000 settlement is recognition that a preventable death occurred. It is acknowledgment that the facility’s failures directly contributed to our client’s death. It is compensation for a family that lost a loved one to negligence.
But this settlement is also a statement. It says that families deserve better. That rehabilitation facilities cannot drop patients, fail to evaluate them, and continue treatment in the dark. That staffing shortages do not excuse neglect. That basic standards of care must be maintained. That when those standards are violated and a patient dies as a result, families have recourse.
Rehabilitation facilities and nursing homes often argue that complications are inevitable. They suggest that patient outcomes cannot be controlled. They hope that families will accept their explanations rather than pursue legal action. They count on the complexity of wrongful death cases to discourage litigation.
We refused to accept those arguments. We presented a clear case of negligence: a documented fall, failure to evaluate, delay in diagnosis, unnecessary second surgery, and death. The facility recognized that our case was compelling and agreed to settle before litigation commenced.
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- Alivia Montoya
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- Lindsay Kocet
Wrongful Death in Rehabilitation and Nursing Home Settings
Wrongful death claims arise when negligence directly causes a patient’s death. In rehabilitation and nursing home settings, wrongful death can result from failure to provide appropriate care, failure to diagnose conditions, failure to implement safety precautions, staffing shortages, or neglect.
This case illustrates how a single failure can cascade into tragedy. A fall that should have been immediately evaluated. A diagnostic image that should have been obtained. A dislocation that should have been identified. A second surgery that might have been prevented. A woman’s life that might have been saved.
Any one of these moments was an opportunity for intervention. Any one of these failures was a departure from the standard of care. Collectively, they resulted in a woman’s death.
Families who have lost a loved one to negligence in a rehabilitation or nursing home setting have the right to pursue wrongful death claims. These cases are complex and emotionally difficult, but when negligence is clear, families deserve accountability and compensation.
Hip Surgery Complications and Post-Operative Care
Hip replacement surgery is a major procedure that requires careful post-operative management. Patients recovering from hip surgery are at risk for complications including infection, blood clots, dislocation, and fracture. Rehabilitation facilities must monitor patients closely during this recovery period, evaluate any incidents or complications immediately, and communicate concerns to patients’ physicians.
A hip dislocation following surgery is a serious complication that requires emergency evaluation and treatment. When a patient receiving post-operative care experiences a fall, that fall must be evaluated for possible dislocation. Imaging should be obtained. The surgeon should be notified. Treatment should be adjusted based on findings.
Failure to evaluate a fall following hip surgery is negligence. Delay in diagnosing a dislocation is negligence. Allowing a dislocation to persist for two weeks while continuing treatment is negligence that can result in permanent disability or death.
This woman’s case demonstrates the consequences of those failures.
Support for Families Pursuing Wrongful Death Claims
If you have lost a loved one due to negligence at a rehabilitation facility, nursing home, hospital, or other healthcare setting elsewhere, you deserve accountability. Wrongful death cases are complex, but when negligence caused your loss, families have the right to pursue justice and compensation.
Wrongful death claims require proving that negligence directly caused the death. This involves medical experts, detailed analysis of care provided, and clear demonstration of how the facility’s failures contributed to the fatal outcome.
Get Answers and Accountability for Your Loss
If you believe a healthcare facility’s negligence caused your loved one’s death, don’t navigate this alone. The legal process in wrongful death cases is complex and time-sensitive. There are strict deadlines for filing, and evidence must be preserved.
We work on a Zero Fee Guarantee: no win, no fee. Schedule your free consultation today and discuss your case with our legal team. We’ll listen to your story, review your loved one’s medical records and facility documentation, and explain what your claim is worth.
Your loved one deserved better care. Your family deserves answers. Negligent facilities must be held accountable.