It is generally understood that doctors must follow a certain standard of care when treating patients. This standard of care model is also carried over to health professionals and doctors who deal with residents and patients of nursing home or assisted care facilities. While many of these residents may not have pressing medical needs, they are often enlisted into the facility because the health care needs exceeds what a family member can provide at home.

If the professionals in a nursing home, or the like, fail to meet this standard of care, then injured victims can bring a medical malpractice suit for nursing home or doctor negligence. A woman recently brought a lawsuit against the Montana Veterans Home for the death of her grandfather. In addition to other charges related to the incident, the lawsuit alleges medical and nursing malpractice.

The woman’s grandfather was a Korean War veteran and suffered from Alzheimer’s. The man was admitted to the home with a known history of dementia and behavior issues stemming from his Alzheimer’s. Only one day after admission, the man wandered away. He resisted when staffers tried to bring him back in but the situation eventually escalated. The home called 911 and police responders used a stun fun against the 77-year-old, which caused him to fall.

The man hit his head during the fall. He was taken to a hospital by ambulance and died three weeks later in the hospital from related injuries. His family members were told that he tripped and fell while running, they didn’t about the use of the stun gun until two days after his admission to the hospital.

If the veterans home staff or doctors acted negligently in dealing with the elderly resident, then the victim’s family and estate deserves compensation for injuries and their loss. The lawsuit does not specify a damages amount but in malpractice cases like these, damages can include medical expenses and pain and suffering.

Source: The Missoulian, “77-year-old dies after wandering from Montana Veterans Home, being Tased,” Sanjay Talwani, April 15, 2013