Lawyers, Answer Questions  & Get Points Log In
California Nursing Home Abuse Questions & Answers
1 Answer | Asked in Nursing Home Abuse for California on
Q: The prosecutor wants to file a criminal suit against the nursing home my great aunt was in. Can her family also file a

civil suit?

Cory Russell Weck
Cory Russell Weck
answered on Nov 15, 2017

Absolutely. You should contact an experienced personal injury attorney who has experience in Elder/Nursing home abuse cases. The consultation should be for free. Good luck!

1 Answer | Asked in Nursing Home Abuse for California on
Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?
Randall R. Walton
PREMIUM
Randall R. Walton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2017

First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Nursing Home Abuse for California on
Q: Can a 17 years old be the primary on a restraining order for being physical abuse by the father?

My son has been physically abuse by the father whom got custody of him at age of 7. My son is 17 and finally disclose the abuse, he would like to get a protection order for himself. Is that possible? Could it be granted for a 17 years old? Do I, his mother can file one and put him on it ? Please... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... View More

1 Answer | Asked in Medical Malpractice, Health Care Law and Nursing Home Abuse for California on
Q: I already have a document giving me access to medical files for patient do I need power of attorney like facility claims

The already given me some copies without waiting 72 hours and without paying for them now that I want access to all of them they're trying to tell me I need power of attorney or they won't provide me the copies

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Ask them why if you have a hipaa form. Then contact the state body that regulates nursing homes. Contact a member of CAOC that handles nursing home issues.

1 Answer | Asked in Nursing Home Abuse for California on
Q: Am I able to file a complaint against a nursing home even if I'm not a family member of the resident?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 16, 2017

If you mean report the abuse, yes. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm

2 Answers | Asked in Nursing Home Abuse for California on
Q: If you suspect abuse of a relative by a nursing home do you report it to the government or contact the facility?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 26, 2017

Under most circumstances, you would do both, and also consult an attorney. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm Feel free to contact me if you need a referral to an attorney.

View More Answers

1 Answer | Asked in Nursing Home Abuse for California on
Q: Do you have to report nursing home abuse to a state agency before you sue the facility?
Louis George Fazzi
Louis George Fazzi
answered on May 5, 2017

Generally speaking, no. You should look for a law firm which specializes in handling nursing home abuse cases. They will give you all the appropriate advice you need. I'm sure you can get an initial consultation for free.

2 Answers | Asked in Nursing Home Abuse for California on
Q: Can a nursing home resident move out of the facility whenever they choose?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 14, 2017

I see no reason why not, unless they have been ordered otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

View More Answers

1 Answer | Asked in Elder Law and Nursing Home Abuse for California on
Q: Can a skilled nursing facility have a patient transferred due to attitude?

I work at a skilled nursing facility there is a patient that is actively trying to get the facility shut down by making fraudulent claims to the state. Now he has started calling the nursing board and making fraudulent claims against the nurses trying to have their licences taken away. He has... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You can sue for defamation based on the false claims. That may also motivate his attorneys-in-fact to move him elsewhere. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Nursing Home Abuse for California on
Q: If my uncle's nursing home does not consistently observe his dietary restrictions is that abuse?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

It could be. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Nursing Home Abuse for California on
Q: If I suspect mistreatment at my father's nursing home do I still have to pay the monthly charges?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

You should report elder abuse to the police. You may be able to sue for breach of contract if you're the person who formed the contract for your dad's care. It's best to first try to resolve the matter with the nursing home, if possible. More details are necessary to provide a... View More

1 Answer | Asked in Nursing Home Abuse for California on
Q: can you tell me if CA has a financial limitation on nursing hone wrongful death
Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

There are time limits. If medical malpractice is also involved, that deadline may be shorter. These cases are complex and should be handled by a lawyer familiar with nursing home negligence. I know lawyers in CA who are familiar with these cases; if you'd like, I can put you in touch.... View More

1 Answer | Asked in Nursing Home Abuse for California on
Q: Is there any legal recourse for POA when Assisted living releases his mother,who dies,to an unauthorized family member
Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

More information is needed. Talk to a local elder law or nursing home negligence lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.