Florida Nursing Home Lawyer Blog
A nursing home in California is facing an injury lawsuit after one of its patient, a man who is 55 and suffers mental impairment, suffered severe burns after he was allegedly given a cigarette and a lighter – and discovered a short time later engulfed in flames. Prior to the incident, the man was partially paralyzed and was only mobile with the use of a wheelchair.
The nursing home injury lawsuit filed on his behalf, according to The San Luis Obispo Tribune, alleges abuse, neglect, negligence and violations of the patient’s rights resulting in injury. His father asserts he should have never been given his own lighter nor left alone unsupervised in a designated smoking area. The nursing home has yet to file its response in court, though a statement released to media shortly after the incident indicated the facility worked hard to balance the safety of residents with their desire to be independent and continue lifelong habits.
But the issue, plaintiff says, is not that the facility allowed his son to smoke. The issue was that the staff had a duty of care to provide plaintiff with appropriate supervision and protection. Specifically in this instance, plaintiff says, his son should have been provided with a fire-retardant gown. He should not have been left with a lighter in his possession. There should have been staffers there to supervise him. Plaintiff’s injury lawyer says that while a fair amount of nursing home negligence cases involve some allegation of medical malpractice, this issue was one of “basic common sense” and ordinary negligence. (It’s an important distinction in terms of notice and expert witness requirements). Continue reading →