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Can dementia, walker using, client remain in center after fellow dementia client assaulted her. Assault caused permanent wheelchair confinement to broken client. Clients do not remember assault. Shall I consider law suit to cover higher MC expense. State of Georgia, USA.

No, you shouldn't, because you could never hope to win such a suit. However, it may be of comfort to you to see a personal injury attorney to get told that.
The sad facts is that attorneys will not take personal injury suits because the law now limits recovery to 250,000. And that only if the life is consider WORTH a ton of money. Translate THAT to mean a working person responsible for a family and making a huge salary now robbed of any ability to continue a long and normal life. Anyone over 60? Nah. Not worth a thing under such a law. To be fair to attorneys, they have to put enormous amount of money in researching a case, in proving a case, in paying expert witnesses, and the amount they get out of it must mean they won a massive settlement for "ongoing care" for a long lifetime of needs.

After telling you those basics? No attorney will take such a case, or almost ANY case involving a senior. A nursing home deals with having placement for patients with dementia. While they are responsible for normal oversite, they cannot predict all actions every day, nor have one-on-one caregivers with patients with dementia.

I am so sorry this happened to someone you love. To ANYone, really. But the law is the law, and it isn't something created of/for/by "the little guy" (that's us).

If you are comforted by checking this out, and can prove NEGLIGENCE, see an attorney in that free consult. You will perhaps feel the better for having your question answered by an expert. Just be certain you don't invest any money in what is a lost cause. And again, I am so very sorry.
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Reply to AlvaDeer
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How has the facility responded to this incident and the outcome? Have they at least removed the attacher? If not, why not?

If you are the victim's family, PoA or legal guardian I would definitely be talking to a lawyer right now about the increased cost in care that the assault caused.
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Reply to Geaton777
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You certainly can talk to an attorney about what would be the outcome of such a lawsuit. Can't hurt to talk and most consultations are free, and if the attorney does take the case you typically do not pay anything, they take the fee as a % of the judgement.

Can the facility currently manage and safely care for the now wheelchair bound person? If they need equipment to safely transfer then most likely there may be a need to move to Skilled Nursing as typically a SNF is the only facility that can use equipment.

Is the resident that assaulted the other resident still a resident in the same facility? If so what is being done to prevent another assault on anyone else?
Has this person assaulted anyone previously?

Was the Assault reported to the police? If so was there a follow up?
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Reply to Grandma1954
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