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New York Nursing Home Abuse Questions & Answers
0 Answers | Asked in Family Law, Elder Law and Nursing Home Abuse for New York on
Q: Is there a way to stop someone who unknowingly obtained power of attorney from taking a 94 yr old out of the state?

My 94 yr old Grandmother unknowingly signed a POA. The nursing home is releasing her prematurely,appears to avoid any future issues/attachment. The nursing home were/are the ones present when the form was signed. Only 1 family member was present. She has taken all of my Grandmother's... View More

1 Answer | Asked in Nursing Home Abuse for New York on
Q: my dad was in a nusing home and died during the 2020 of covid he never was sent to a hospital
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2024

I'm so sorry for your loss. Nursing home residents suffered tremendously during the Covid pandemic. Unfortunately, Albany passed legislation (the Emergency or Disaster Treatment Protection Act) granting nursing homes immunity for negligence during the pandemic. It was partially rolled back... View More

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over

My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Nursing Home Abuse for New York on
Q: What do I file has a parent to object to an adoption of my child. I have no abuse records or arrest

The grandmother of my child wants to adopt him

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2022

I'm sorry your question remains open for three weeks. It was probably overlooked in the Nursing Home category. You could try reposting under the Adoption section (click the linked text "Show More Categories" under the shortlist of main categories). There's no guarantee all posts... View More

1 Answer | Asked in Appeals / Appellate Law and Nursing Home Abuse for New York on
Q: WHAT CAN YOU DO IF YOU ARE ILEGALY CONFINED IN A NURSING HOME AND ONLY HAVE A MENTAL HYGEINE LEGAL SERVICE LAWYER
Tim Akpinar
Tim Akpinar
answered on Nov 15, 2020

It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck

Tim Akpinar

2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Charles "Chuck" Sanders
Charles "Chuck" Sanders
answered on Aug 16, 2020

You can talk to you and experience personal injury lawyer in your state.

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1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... View More

Benjamin Z. Katz
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answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... View More

1 Answer | Asked in Nursing Home Abuse for New York on
Q: If we feel the contract we signed for care is ripping us off, is this considered "abuse"?
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2018

The term abuse is sometimes used loosely, but it tends to generally involve the care of the individual. However, if you have concerns about the contract, reviewing its terms with an attorney could help you determine if there are issues in it that deserve further attention.

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse for New York on
Q: What recourse is there if my dad got a medication overdose at his nursing home?
Tim Akpinar
Tim Akpinar
answered on Sep 2, 2018

Available recourses could depend on whether the home or its agents were negligent in administering the medication. You could consult with a medical malpractice attorney, who could have questions as to what the medication was, what condition your father was receiving it for, what the magnitude of... View More

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. 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... View More

1 Answer | Asked in Nursing Home Abuse for New York on
Q: Wife was dropped on floor from a hoyer lift in a nursing home. what recourse can i persue

The harness was improperly attached. wife told them she was slipping out and was ignored. I do have a witness to this. She fell approximately 5ft, onto her surgically repaired arm

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

You may be able to sue for negligence. 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... View More

1 Answer | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: My father was held in a nursing home in Florida against his will and illegally. He wants to pursue a case. Any advice
Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

Contact an attorney who handles nursing home abuse cases and is a member of the NYState Trial Lawyers Assn--they give free consultations.. These cases are often hard to bring as sometimes the patient isn't a good witness.

1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: A nursing home is refusing to speak to me about a relative's death.

A nursing home is refusing to speak to me about a relative's death. She should have qualified for state aid for funeral expenses and due to some errors in her accounting where funds should have been paid from her SSI and Medicare to nursing home ,and overages are still showing when they... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 28, 2016

First of all you should find a lawyer to retain in your location who has experience dealing with nursing homes. In Illinois there is law that requires medical providers to release medical records, nursing home records and the like by a member of the family, spouse or next of kin. Nursing homes... View More

1 Answer | Asked in Nursing Home Abuse for New York on
Q: Are you a pro bono lawyer or legal aid lawyer for nursing home abuse?
Charles Snyderman
Charles Snyderman
answered on Feb 2, 2013

From the sound of your question, I assume that you are concerned about paying attorney's fees. Most attorneys I know handle these types of questions on a contingency fee basis, which means there is no expense to you whatsoever unless and until the attorney obtains money for you. The fee is a... View More

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