Nursing home staffs have a duty to care for their vulnerable patients, and cases of negligence are a breach of that duty. Families who find themselves in this position must move swiftly because the law imposes strict deadlines for action. The law may, however, delay these deadlines if the patient’s family neither knew nor should have known about the misconduct, which was a key factor in a patient’s family’s recent victory before the Louisiana Court of Appeal.
Delvin Hume’s family placed him in the Ferncrest Manor Living Center in 2009 for a one-month stay while his wife underwent and recovered from eye surgery. Within less than a week, the patient allegedly fell from his bed and missed his diabetes medication because the nursing home staff erroneously refused to administer it.
Hume’s wife removed her husband from the facility and brought him home. When the man visited an emergency room shortly thereafter, doctors found he had a nodule on one of his lungs and stomach cancer. However, when the man died two weeks after his original admission to the nursing home, the listed causes of death were kidney failure and heart disease.