> Discuss Your Legal Issue > Ask a Lawyer > Elder Law > A facility has neglected to brush my mothers teeth for 3 yrs despite my many requests to mgmt, the gums are red, the teeth are rotting off at the gum

A facility has neglected to brush my mothers teeth for 3 yrs despite my many requests to mgmt, the gums are red, the teeth are rotting off at the gum

1 Answers. Asked on Jun 12th, 2017 on Elder Law - Pennsylvania
More details to this question:
I have asked that my mothers teeth be brushed from day 1 since she can not do that herself. She is in a wheelchair, immobile, and now unable to use either hand. After many meeting and daily, weekly requests with the director of nursing, the administrator, the staff and the floor manager, as to why they still were not doing that, over 3 years later her teeth are still not getting brushed and are now rotting off at the gums, have cavities, and her gums are sore. I'm afraid with this not being done daily she will develop an infection that could possibly get into her blood stream and cause major health issues or even kill her. They just ignore me, have not even relayed to the newer staff about brushing her teeth so that is still not happening as of last evening. I took pictures of her teeth last night as proof her teeth are not getting brushed. My brother and I are in to see my mom every day. Very rare that one of us is not there. And there are several other issues regarding care.
Answers Showing 1 out of 1
Answered on Jun 13th, 2017 at 2:13 PM

Seeing a loved one not properly cared for is very difficult.  You are right to be checking in daily and taking care of things that the facility should do until you get action.  You might consider filing a complaint with the Department of Human Services and see if that gets action.  These facilities really fear inspections.  You could also consider a breach of contract suit for violating their duty to provide care in accordance with the agreement, which probably incorporates state regulations. 

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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