Wrongful Death
DATELINE THE BRONX It was a cold and gray February day when the family of Alyce Fonseca gathered to bury their loved one. As a brisk wind whirled around them, Mrs. Fonseca's daughter Rosa felt her brother's arm encircle her.
"This is all happening much too soon," Rosa said through tears.
Enrique agreed. "I always assumed she would be standing here today over Dad's marker. Not the other way around."
Beth was their mother's best friend. She walked toward them slowly. She scanned Rosa's face anxiously before speaking.
"Honey, things should not have ended this way for Alyce. Remember how her speech was messed up when I first got to the nursing home to visit? And when I leaned down so I could hear her better, I noticed that awful bruise on her head? I knew something really bad had happened. That bruise was caused by something."
Enrique answered instead. "I'm sure that she fell while she was in the nursing home. And the nursing home should never have allowed this to happen. When I asked about the bruise, I couldn't get a straight answer."
After a pause, Enrique continued.
"That's why I insisted on them sending her to the hospital immediately. Even though the hospital staff probably did their best all of last week -- trying to save her, really -- we both know she never recovered because of that original fall. That's what caused the subdural hematoma.
"I don't think the nursing home cared for her properly. They didn't ensure her safety. What's worse, they never told me about it."
"I am going to contact a lawyer about what happened to Mom," Enrique said with finality. "Besides, what will we do if we need to put Dad in a home?" He glanced at the widower being consoled a few yards away.
"You should see what your options are. Legally, I mean," said Beth.
analysis
What happened to Alyce Fonseca in a nursing home is not uncommon. Nursing home abuse often manifests itself in unexplained injuries that can ultimately be traced to falls or other negligent nursing home care. The causes of these falls require investigation, a study of medical records, and plenty of question-asking. A nursing home should be a safe place for patients, but sadly patients suffer falls and injuries due to negligent nursing home care.If your loved one has suffered an injury or death while under the care of a nursing home, you and your loved one may have legal recourse.
How will you know whether your loved one’s injury was caused by negligent nursing home care? Often the first indication comes from an unexplained fracture, hematoma or other injury. An unexpected visit to the emergency room is also cause to suspect negligent nursing home care. Ask questions. What caused the injury? Was there a fall? Where and when did this happen? In Alyce Fonseca’s case, she may have needed to go to the bathroom and nobody answered her call for help. Or, she may have been so medicated she could not walk properly. Or, she may have fallen out of bed or a wheelchair because the nursing home was not monitoring her properly due to inadequate and short staffing.
SEEK LEGAL REMEDIES - §
Grandson
I knew this case would call for specialists. That's why I reached out to John and Sal at Dalli Marino.
— Fellow Attorney
Wife
I want to believe I did everything I could for him -- and that includes looking after his, and the family's well-being.
— Wife
Oldest Daughter
As the oldest daughter, most of the duties fell to me.
— Out-of-state Daughter
Sister of Patient
We've done everything together over the years. Traveled to Europe, Went on cruises. I want to see things done right.
— Patient's Sister
Completely Satisfied
"I do know who to call and refer -- because I am completely satisfied with the work and efforts of their entire legal staff."
— Lloyd J. L.
Professional Considerate Timely
"I thank Salvatore Marino, Esq. for the professional, considerate and timely manner in which he handled my very difficult and emotional period."
— Robert Wortham
Patient’s Brother
"Thank you both for the excellent handling of the court case against the two New York hospitals. As you know, I wanted so much to get back at them after their horrible treatment of my brother while under their care."
— Mario Imbrogno
Anthony Reid
I couldn't have gotten the settlement without your hard work and perseverance.
— Anthony Reid
Daughter
I wanted to take a moment to thank you for the exemplary work that you and your team at Dalli & Marino performed on behalf of my mother. Your expertise in navigating the legal system and the courts was nothing short of miraculous!
— Rosamund Stephenson Losasso
Case Study: Unexplained Fracture
Case Study: Aides Were Rough with Dad
Case Study: Why is Dad Losing Weight?
Case Study: We Could Not Get Her Medical Records After She Died
Case Study: We Could Not Get Her Medical Records After She Died
