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my dad was receiving therapy for compression fracture of L1 now he has 3 addtl fractures

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You can always sue, but it doesn't mean it will be successful. First, you would have to sue on his behalf because he was the one affected (unless you were financially responsible for him). Second, you have the burden to prove the facility was responsible for the extra fractures and it wasn't just frailty of the bones. Last, you have to be able to say how it was done. Did they do it during therapy or through not providing some needed support? If the fractures happened during the normal course of life because of aging bones, the facility would not be responsible. Their responsibility would be to get help if needed. If the fractures happened because handling was too rough or the facility was neglectful, then you would have a case.

There are three things one always needs in a civil suit: standing, proof, and a mode of action (how something happened). Otherwise a court will usually throw a case out.
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Patients can become so frail that just rolling them over to prevent bedsores can result in a fracture. If you are seeing a fracture but not a bruise from impact, this may be what is happening. Talk to the MD, not a lawyer.
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My mother fractured her ribs coughing, at home. Some things just happen and there is no reason to sue everybody because you feel bad about it. S**t Happens.
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How did the additional fractures occur and where are they located? Are they also in the lumbar spine? What treatment did the facility offer when the additional fractures occurred and what's the status of them now?

And just as importantly, what was his spinal condition when he entered the facility? Did he have osteoporosis? Any other spinal injuries?

Anyone can file a lawsuit; whether it's sustainable depends on the allegations and the foundation of proof.

To file a medmal suit against a facility, you'd need to find a medmal attorney who would take the case. He/she would generally have a medical professional review the full records of the facility (for which you would pay for copying) as well as previous records of his spinal condition.

If the medical reviewer feels there are grounds for suit, which includes deviation from the standard of care in your particular area (i.e., what would any other good practitioner do in a similar situation), then the attorney would consider suing. If the reviewer doesn't feel the allegations are substantiated, any good attorney would not go forward with a lawsuit.

If you filed a suit on your own, you'd have to have a crash course in handling complex medmal litigation, not something for someone who hasn't worked in the legal profession. If the case were dismissed via dispositive motion, you might end up paying the defense's legal costs.
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Thank you very much for taking the time to help me.
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Thanks to all of you for your responses it's not a matter of suing, for there is no way in the world that can compensate for your loved ones care, it's the matter in which it occurred and the way it was handled he fell and was found on the floor while under their care and it has caused his health to deteriorate. I was just curious because I feel no ones loved ones or families should have to go through this situation. It's hard enough to reach a decision to admit them, and you are trusting them to take care of them....Thank you.
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I understand that 1 of 3 seniors fall every year. I would guess that those in a care facility fall at an even higher rate because of a generally higher number of health issues. Perhaps you want to report this situation to the licensing agency for their investigation.
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thank you
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