Asked in Personal Injury and Health Care Law for Florida

Q: Can I sue ?

Critical patient refused from multiple nursing homes due to his Medicare provider insurance not being a top payer. ( reason for denials explained by home nurse) Local hospital sent home. This is a TBI patient with no use of limbs and in extreme pain, who has suffered a broken leg due to fall trying to get into wheelchair, cannot manage simple tasks such as grooming, eating alone, sitting up. Has no use of arms or legs. Screams in pain all night long. Has been 12 weeks of refusal and run around by all departments. I am his caretaker, his sister, and at 66 yrs old am not physically able to care for him. His insurance was approved months ago but no one willing to take him. Home health sends a nurse for a 30 min visit once a week Could this be a discrimination , personal injury or neglect case?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Florida attorney could advise best, but your post remains open for two weeks. But in general, this appears to be something more complex than can be answered in the format of the three questions you pose, where you ask if this could be a discrimination, personal injury or neglect case?

A health care attorney or other professional competent in navigating the health care system would likely need to review the patient file. There are too many possibilities to speculate on - it's possible the facilities you approach do not have the capabilities to deal with TBI. There's a wide range of nursing homes out there - some are basically senior care dorm-style living, while others are approved by hospitals to offer high-level rehabilitative care.

I'm sorry for your difficult situation, but there's a lot to sort out here, which is why it is difficult to offer a simple and direct response. Also, don't overlook public agencies or social workers in the health care field as a source of guidance.

Good luck

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