Nursing Home Abuse Q&A by State

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Nursing Home Abuse Questions & Answers
0 Answers | Asked in Nursing Home Abuse, Personal Injury, Wrongful Death and Criminal Law on
Q: Kot works as a care attendant in a residential home for the elderly. Part of his job is to dispense

medication to the residents in the mornings. On Monday morning, Kot is particularly

bored as he comes to the end of his shift. To liven things up for himself, he decides to give one of

the residents, Mrs. Boda the tablets intended for another resident, Mr Soko―just to see what... Read more »

0 Answers | Asked in Criminal Law, Family Law, Civil Rights and Nursing Home Abuse for Arkansas on
Q: My 19 year old son w/ Duchenne's Muscular Distrophy was taken by state and put in a nursing home.

The guardian took his phone, not allowed any visitors, friends or family, only allowed to call me once a month. Will not let allow him to go to his court dates. Will not give him his attorney's name or phone number. He is of sound mind! Everyone of his Civil Rights are being violated. We need... Read more »

0 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for Indiana on
Q: How can I hold community health network responsible for the constant mistreatment and neglect of my boyfriend (caretaker

it happened within the last 6 months. My boyfriend was shot and paralyzed. From there he was taken care of at a IU Methodist where he was cared for well enough to go to rehab. He went from IU health network to the community health network for rehab. Community rehabilitation hospital. The whole... Read more »

1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... Read more »

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for Florida on
Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??

Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the... Read more »

Tim Akpinar
Tim Akpinar
answered on May 24, 2022

A Florida attorney could advise best, but your question remains open for two weeks. A law firm could find it difficult to answer your question about legal action based on the brief description. Part of this is that when people ask about the viability of a lawsuit, they generally have in mind a... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Washington on
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days

My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... Read more »

Michael Brevda
Michael Brevda
answered on Apr 29, 2022

I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for Alabama on
Q: Mother was in hospital then moved to a rehab facility. When D/C'd home, had unstageable pressure ulcer w/ necrosis...

and bone exposure. She had L4 Laminectomy at this time. Surgeon's Post-op notes states she had purposeful movement in ALL 4 extremities but came home as paraplegic w/ incontinence bowel/bladder, and sacral wound as described above. Mom lived alone previously. I work full-time as a nurse and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry you are in this very difficult position. This is not a question that can be answered in the brief format of this Q & A Forum. It is a complex matter, and your post raises multiple issues. In... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Ohio on
Q: The nursing home did not give my mother medication for 2 weeks resulting in surgery, can I sue the home?

The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag.

Matthew Williams
Matthew Williams
answered on Apr 4, 2022

If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law.

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Michigan on
Q: HOW TO FILE A NEGLIGENCE COMPLAINT AGAINST A DR., SPARROW, AND ANURSING HOME/ SOCIAL WORKER?

THIS HAS TO DO WITH MY SISTER WHO HAS A MENTAL CONDITION FOR YRS .LAST YR SHE FELL AND WAS TAKEN TO CARSON HOSPITAL FOR THAT . THAT IS WHERE THE NIGHTMARE BEGAN. SHE HAD BEE TAKING CLOIRIL FOR YRS AND I RECOGNIZED IT WAS AFFECTING HER SPEECH AND HER ARMS BECAME JERKY AND BECAUSE OF BEING AROUND... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

You have two potential issues: 1) medical malpractice, and 2) nursing home abuse / neglect. The latter is one you can more readily start by contacting the facility, omsbudman, or the state's complaint website. The former would require gathering medical documentation and finding a medical... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Elder Law and Nursing Home Abuse for Nebraska on
Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.

There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she... Read more »

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

If this is due to a criminal charge, you should retain a criminal defense attorney.

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... Read more »

4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

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... Read more »

William John Light
William John Light
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.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Nursing Home Abuse for Tennessee on
Q: What type of firm represents a hospital in-patient that was abused by hospital security?

Patient has diagnois of cognative mental disorder and was admitted due to a fall resulting in an additional head injury.

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. It would be a firm that handles personal injury, and possibly med mal if the incident was related to the patient's care. It's difficult to say with exactness, based on this brief description. Good luck

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.

We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 4, 2021

I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the... Read more »

1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Hello, my mother who has been in some type of ALS has had a stroke supposedly over night and was discovered in her curr

She had had several strokes over a time period but the point of contact wasn’t told until this last one. The lady who owns the place has not even had a doctor come at all to assess her situation. I find this reprehensible!!

Michael Brevda
Michael Brevda
answered on Nov 1, 2021

I am sorry to hear about Mom. The ALF Residents' Rights provide that every Florida ALF resident has a right to live in a safe and decent living environment, free from abuse and neglect. It sounds like Mom's care was questionable, so you should absolutely investigate. Contact a Florida... Read more »

1 Answer | Asked in Nursing Home Abuse for Georgia on
Q: What percentage of the compensation will the team of lawyers receive in a nursing home wrongful death case?
Joshua Schiffer
Joshua Schiffer
answered on Aug 17, 2021

Depends on the retainer. Industry averages are 1/3 to 50/50 depending on how it is all structured. Generally the Plaintiff owes nothing if there is no recovery.

1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

1 Answer | Asked in Nursing Home Abuse for North Carolina on
Q: If I have power of attorney over my mom can I sue the nursing home for medicine malpracice

In the state of North Carolina

Michael Brevda
Michael Brevda
answered on Mar 11, 2021

This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by... Read more »

1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Hello, How do I find the information about the civil lawsuit that was filed last week?
Michael Brevda
Michael Brevda
answered on Feb 18, 2021

You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.

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