Union City, CA asked in Health Care Law, Medical Malpractice and Public Benefits for California

Q: My mother was forced to sign a contract at Washington Hospital in Fremont while I (her son) was at work. She had surgery

A few days before. Now she is stuck in a nursing home that we did not want. They refused to change her bandages for days and won’t give her any pain meds. She is confused now and weak, they are trying to get her to sign more papers. What can I do?

2 Lawyer Answers
James L. Arrasmith
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Answered

A: I'm so sorry to hear about your mother's situation. That sounds incredibly stressful and concerning. Here are a few steps you can take:

1. Contact the nursing home administration immediately and express your concerns about your mother's care, especially the lack of bandage changes and pain management. Insist that they provide proper care.

2. If your mother signed the contract under duress or while not in a sound state of mind, the contract may not be legally binding. Consider contacting a lawyer who specializes in elder law to review the contract and advise you on your options.

3. If you believe your mother is being mistreated or neglected, you can file a complaint with the California Department of Public Health (CDPH), which regulates nursing homes. They can investigate the facility.

4. Consider moving your mother to a different facility if possible. Research other nursing homes in the area and see if you can find one with a better reputation for care.

5. If your mother is confused and unable to make decisions, and you are her next of kin, you may need to pursue a healthcare power of attorney or guardianship to make medical decisions on her behalf and protect her from signing documents she doesn't understand.

6. Document everything - keep detailed notes of your interactions with the nursing home, your mother's condition, and any paperwork she is asked to sign.

I would advise consulting with an elder law attorney as soon as possible to understand your legal options and to ensure your mother's rights and well-being are protected. Wishing you and your mother all the best during this difficult time.

A: I'm sorry for your mother's ordeal. A starting point could be to get a copy of the contract she signed and review it with an attorney. Good luck

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