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Two men continue to search for answers regarding the wrongful death of their mother who died in a nursing home.

On December 13, 2011, the woman died after suffering a subdural and subarachnoid hematoma. Although devastated at her loss, it was a situation the family could understand. Sadly, this family was lied to, although the real facts were nor revealed until they were watching the evening news. The newscaster announced that the coroner’s office ruled the cause of death a homicide because she was assaulted by an Alzheimer’s patient.

The family went to the nursing home seeking answers; they were avoided by staff members. The victim’s son doesn’t blame the other resident, but he was shocked by the lies and could not believe the lack of supervision provided by the nursing home staff. The altercation happened in the dining room, where no supervision was present.

The family originally sought an apology and $30,000 to cover the woman’s hospital bills; however the nursing home refused to accept accountability. Now the facility is facing a wrongful death lawsuit. Ironically, an inspection in January 2011 cited the nursing home for failure to provide adequate supervision to prevent a fall in the Alzheimer’s unit. In response the nursing home submitted a plan of correction and promised not to leave Alzheimer’s residents unsupervised in the dining room. Obviously, the plan was never effectively implemented.

Despite the facts surrounding her death and an apparent attempted cover-up, the nursing home and its owners have refused to apologize or accept responsibility. Any recovery made by the family will be capped at $300,000 under Indiana law.

While tort reformers continue to argue that the medical profession is hindered by lawsuits, negligence like this continues. Our jury system works well; arbitrary damage caps only harm innocent victims while protecting businesses, insurance companies, and medical professionals. Will a $300,000 capped recovery help prevent future, similar incidents? When rights are restricted, the only ones who benefit are the wrongdoers who will continue providing negligent care until something is done to stop them. Do you want protection given to someone who negligently causes harm to you or your loved one? Should professionals be permitted to lie with impunity? Are profits more important than quality care for the elderly? Companies make millions every year, yet still provide inadequate staffing. When negligence occurs, they cowardly hide behind lies and deceit. This was a preventable death. If the dining room in this facility was properly staffed, this woman may still be alive today.

Mark Bello has thirty-six years experience as a trial lawyer and fourteen years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Member of Public Justice, Public Citizen, the American Bar Association, the State Bar of Michigan and the Injury Board.

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