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Questions Answered by Michael Brevda
1 Answer | Asked in Elder Law and Nursing Home Abuse for Washington on
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days

My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... View More

Michael Brevda
Michael Brevda
answered on Apr 29, 2022

I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... View More

1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Hello, my mother who has been in some type of ALS has had a stroke supposedly over night and was discovered in her curr

She had had several strokes over a time period but the point of contact wasn’t told until this last one. The lady who owns the place has not even had a doctor come at all to assess her situation. I find this reprehensible!!

Michael Brevda
Michael Brevda
answered on Nov 1, 2021

I am sorry to hear about Mom. The ALF Residents' Rights provide that every Florida ALF resident has a right to live in a safe and decent living environment, free from abuse and neglect. It sounds like Mom's care was questionable, so you should absolutely investigate. Contact a Florida... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda
answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Nursing Home Abuse for North Carolina on
Q: If I have power of attorney over my mom can I sue the nursing home for medicine malpracice

In the state of North Carolina

Michael Brevda
Michael Brevda
answered on Mar 11, 2021

This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by... View More

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Hello, How do I find the information about the civil lawsuit that was filed last week?
Michael Brevda
Michael Brevda
answered on Feb 18, 2021

You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.

1 Answer | Asked in Nursing Home Abuse for Maine on
Q: If abuse and negligence contributed to death in a nursing home, how many years does one have to go back and sue?

I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state.

Michael Brevda
Michael Brevda
answered on Feb 2, 2021

Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing... View More

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda
answered on Oct 23, 2020

You should obtain your brother's medical records, death certificate and consult with an elder abuse attorney in your state. Sorry for your loss.

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda
answered on Oct 23, 2020

I am so sorry to hear that your brother passed due to potential nursing home negligence. You should consult with a local nursing home abuse attorney to investigate what happened. In nursing home infection cases, the liability usually arises out of a facility's failure to react to a symptomatic... View More

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: Are nursing homes required to have insurance?

I was recently in a medical malpractice suit against a nursing home on behalf of my husband who is now deceased. The suit ended unfavorable as the nursing facility responded to having no insurance and was threatening bankruptcy. Are nursing facilities required by law to have insurance?

Michael Brevda
Michael Brevda
answered on Aug 25, 2020

Shockingly, many states allow nursing homes to go uninsured, or to be grossly underinsured. This is a major problem because nursing home companies will spring up and then go bankrupt like a corporate shell game. They do this in order to avoid judgments and creditors.

The best bet is to...
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4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Michael Brevda
Michael Brevda
answered on Apr 21, 2020

I am sorry for your loss. My firm is currently investigating multiple cases involving COVID-19 deaths in long term care facilities. We are finding that some facilities failed to follow basic infectious disease protocol and violated the standard of care in allowing sick people to interact with... View More

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2 Answers | Asked in Criminal Law, Nursing Home Abuse and Personal Injury for Texas on
Q: I need a good lawyer in Dallas Tx. for alot of nursing home abuse/neglect including sexual crimes...
Michael Brevda
Michael Brevda
answered on Apr 6, 2020

Sexual abuse in nursing facilities is sadly all too common. Whether the assault is staff-on-resident, or resident-on-resident, there are likely grounds to file a civil lawsuit. Seek out a qualified local attorney who specializes in nursing home abuse cases.

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3 Answers | Asked in Nursing Home Abuse for Colorado on
Q: Can a nursing home tell family that they cant come see their family
Michael Brevda
Michael Brevda
answered on Jan 29, 2016

A nursing home can prevent a resident from seeing certain family members if they are a threat to the resident, but that rarely happens. If your family is being prevented from seeing your loved one, you should report that to your local state agency that deals with nursing home abuse. The NCEA has a... View More

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2 Answers | Asked in Elder Law for Missouri on
Q: should I contact the company's owner if the front line management won't address abuse in a nursing home
Michael Brevda
Michael Brevda
answered on Jan 29, 2016

Yes, you can try speaking with the owner of the nursing home to stop the elder neglect. Another option is to report the nursing home abuse to your state agency dealing with elder abuse.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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2 Answers | Asked in Medical Malpractice for Alabama on
Q: what is the average attorney fee on a medical malpractice case (nursing home abuse)?
Michael Brevda
Michael Brevda
answered on Jan 29, 2016

It depends on the state. In Florida, our fees are typically 33 1/3 - 40% of the gross recovery.

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