Get free answers to your Nursing Home Abuse legal questions from lawyers in your area.
How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?
answered on Sep 15, 2024
Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.
To file a lawsuit, contact a malpractice lawyer,... View More 
these twin brothers have already been victims of their caregivers stealing there entire life's savings. these men are bed ridden I stepped in and took over for awhile but we couldn't retrieve any money. we were able to keep them from loosing there mobile home to live in. the care giver... View More
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answered on Aug 16, 2024
Under California law, if someone has obtained Power of Attorney (POA) through coercion or fraud, it can be revoked. Lonnie has the right to revoke the POA if he did not fully understand what he was signing or if it was done under duress. He can also take legal action to have the POA declared... View More
My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More
answered on Sep 3, 2024
And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More
executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?
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answered on Jun 29, 2024
This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:
1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse.... View More
It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More
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answered on Feb 25, 2024
In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More
Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?
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answered on Jan 1, 2024
In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More
Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:
address 'should be' reducted to City and State.
'Should' means recommendation, not mandatory requirement?
Can filing be rejected if initial filing has full address?
I... View More
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answered on Dec 19, 2023
In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More
They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More
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answered on May 23, 2023
I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More
answered on May 21, 2023
You appear to be asking a question about a pending case. The people responding to the questions on this website are usually attorneys, not soothsayers. So far we cannot predict the future, we can only give reasonable alternatives once we are provided with all the information. Just citing the case... View More
The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... View More
answered on Feb 5, 2022
Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.
Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.
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answered on Jan 13, 2021
The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... View More
My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... View More
answered on Nov 24, 2020
Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..
I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... View More
answered on Sep 19, 2020
Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... View More
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answered on Feb 16, 2020
There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).
My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... View More
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answered on Oct 5, 2019
Contact your local Adult Protective Services office and also hire a different attorney.
answered on Mar 25, 2019
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... View More
answered on Nov 27, 2018
You should be asking Kaiser and the care facility in Oakland these questions.
can't remember how she got them. Would this sink any case I brought against the nursing home?
answered on Oct 6, 2018
No it’s not necessary if she remembers how she got the sores. In most cases involving a lawsuit against a nursing home the person isn’t able to remember or has unfortunately passed away. The most important piece of evidence will be your mom’s medical records from the facility and what they say.
answered on Sep 21, 2018
Whatever the resident needs to prevent them from falling because there is no one size fits all solution to falls. State and federal regulations require the nursing home to provide the care and assistance needed by the resident to meet their needs. Sometimes bed alarms work. Sometimes they... View More
I have become handicapped in this time, there is alot of abuse verbal and physical I have nothing he has taken everything from me
answered on Aug 27, 2018
I advise you reach out to Adult Protective Services:
http://www.cdss.ca.gov/Adult-Protective-Services
And if you reside in the same home, it's probably an eviction action that he'll need to pursue. If you aren't married, you'll want to consult with an elder law attorney for options.
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