Stockton, CA asked in Personal Injury and Health Care Law for California

Q: What should we do? On what grounds can He counter sue?

In January 2019, my husbands toe was amputated.After the hospital discharged him, they sent a nurse for daily wound changes.She was rude and talked down to him, then argumentative.He demanded her to leave and she got angry and aggressive.He got up and again told her to leave.She yelled Are you threatening me? then shoved him on the couch. He got up and pushed her back.She hit him with his walker. He got her out but she was still hitting the walls and yelling racist remark. He told her to leave kicked her med supplies downstairs, cut his foot, she got in his face and he kicked her car. Police came they have court.Both for battery and she added vandalism for .She is suing for Workerscomp. Because of the incident, He was banned from homehealth all over California, as a result caught a staph infection that almost spread to his heart, he lost another toe, and was hospitalized for 2 weeks on to flush his system with antibiotics.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: much more info needed.

you need to contact a lawyer in your area that does this kind of law.

you need a criminal defense lawyer for the court case.

you need a civil defense lawyer for civil action against him.

sounds like they both exceeded what is reasonable.

there may also be Elder Abuse charges he could bring and would need an elder abuse lawyer or maybe personal injury lawyer. If a lawyer takes Elder Abuse, I suspect it would be on a contingency.

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