YES If you trusted your dad in their care and they abused your trust by forgetting to take care of him, you should sue. you have a good lawsuit, and nursing homes need to be reminded of how important it is for them to be responsible.

I would need a lot more facts. Did your dad have a tendency to roll off beds? Could your dad raise and lower the rails himself? Did the home have a reason to believe that your dad may roll out of bed?

The reality is that bad things sometimes happen, but that does not mean that somebody else is to blame. I have been hospitalized a few times in my life, and they never put up the bed rails for me. Of course, I don't have bed rails on my bed at home.

So long story short, it is certainly possible that there negligence here, but you would need a lot more facts.

You could sue:
-The nursing home staff
-The most senior person on duty when the injury happened
-The corporate entity that owns the nursing home

I'd probably sue, and they'd probably settle for a good sum. The scenario you present is a textbook case of negligence.

everyone is sue happy these days... go for it... why not... you probably have a valid case and can make some money off of someone's mistake... making money on death... the new way of making it big in this country.

Yes

You could sue the administration and the corporation, but do not blame the staff, as much as it may seem like their fault. Even if it were their fault NAC's are not college grads and what training they do go through is short and then they are thrown out onto the floor. Nurses can be awful, under staffing is a huge problem. On days you you are scheduled to have 6 NAC's you only receive 3 to work with, that's a double load for every NAC. A man who has never fallen out of bed before is tucked in and sleeping, your nurse screams at you to come and do something for her now (that means NOW) you had better go and do it. Double checking the side rails is the least of your concerns at that point.
NAC's are almost always stressed out of their minds and while the nurses scream at you to take your breaks your fellow NAC's scream at you not to because your work while your on break falls to them (remember your already short handed). At the end of the day not all of your work is done and whats left you get reamed for not doing, even though you did just pull the load of two people. If you had been fully staffed everything would have gotten done on time and all the bed rails owuld have been checked. NAC's do the best they can with what they have and if your grandfather fell out of bed and died because of the fall (my sympathies) justice should be brought.

sorry to hear about your dad... don't sue... anything that goes through any court system ends up worse than before

my mom worked at a nursing home for 18 years....I know it would hurt, but I wouldn't blame the nursing home, and no I wouldn't sue.

I'm really sorry if that happened with you.

I do sympathize with the situation and I hope you are alright, but I just don't think its worth the lawsuit. You would most certainly gain some money out of it, but if you were to sue them.. don't forget the nurses who would lose their jobs. I'm sorry, maybe thats a little insensitive but I just don't think the loss of a father could ever amount to any money. I would rather avoid the stress.

I love my parents, I'll do the best I can that I will never let them live in a nursing home, cuz I'm scared that such thing happen.