Ask a Question

Get free answers to your Nursing Home Abuse legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nursing Home Abuse Questions & Answers
0 Answers | Asked in Estate Planning, Probate and Nursing Home Abuse for Colorado on
Q: How can I understand my mother's will and protect her assets after her passing?

I have not seen my mother's will yet, and I'm uncertain about how to proceed. My mother and stepfather passed away a few weeks ago, and there has been no communication regarding the probate process. I believe my mother's adult stepchildren may have been involved with her care, and I... View More

2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

Randall R. Walton
PREMIUM
Randall R. Walton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025

You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More

View More Answers

2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2025

Sorry to hear about your grandmother's horrible ordeal. She has a potential claim for substantial money damages, which must be handled by an attorney. Promptly pick up the phone and call a lawyer who is in the County where the nursing home is to schedule a free consultation, either in person... View More

View More Answers

0 Answers | Asked in Nursing Home Abuse and Health Care Law for Indiana on
Q: Medication shortage at nursing home causing withdrawal and pain.

I have been experiencing a medication shortage at my nursing home for about 8 months, specifically my pain medication, which has caused me withdrawal symptoms and increased pain. Despite discussing this issue several times with the staff, they keep saying they will work on it, but no action has... View More

0 Answers | Asked in Criminal Law and Nursing Home Abuse for Oklahoma on
Q: Why 3 caregivers arrested without evidence in Oklahoma?

Why were only 3 caregivers arrested out of 8 after a year of working, despite no evidence of abuse, sexual abuse, or exploitation of a vulnerable adult, if the family actually liked the caregivers? There seems to be a report based on opinions rather than official findings, and now there's a... View More

0 Answers | Asked in Nursing Home Abuse and Gov & Administrative Law for Oklahoma on
Q: Why are only three out of eight caregivers accused of abuse in Oklahoma?

I want to understand why, out of eight caregivers attending to a patient, only three are facing accusations of abuse and neglect when there seems to be no prior issues over the past year. These accusations have been brought up in Oklahoma by a cop related to the case. How should the situation be... View More

0 Answers | Asked in Personal Injury and Nursing Home Abuse for Texas on
Q: Could caregiver face trouble for patient fall incident?

I'm concerned about a caregiver potentially facing accusations related to a situation where a patient fell out of bed despite safety measures like bed rails, and hospice was called after the couple decided to wait and assess the patient's condition. Though the caregiver works over 101... View More

1 Answer | Asked in Arbitration / Mediation Law, Nursing Home Abuse and Personal Injury for Oregon on
Q: Is arbitration clause in assisted living contract binding with negligence involved?

I signed an arbitration clause in an assisted living contract in January 2024, without it stating that signing was not a condition for admission or continued care. Recently, my mother suffered from gross negligence at the facility, including failing to administer medication, inadequate hydration,... View More

Jina Ly Clark
Jina Ly Clark
answered on Mar 10, 2025

The courts tend to favor arbitration clauses. They can be difficult to get out of if you want a trial. That said, you can arbitrate the case with an arbitrator.

3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for... View More

View More Answers

2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 8, 2025

Generally there are two types of Powers of Attorney in Maryland: Health Care and Financial. They each appoint an agent, the health care agent to manage health care and the financial agent to manage financial and related affairs. Most people should have both. These are generally NOT combined in... View More

View More Answers

0 Answers | Asked in Estate Planning, Civil Litigation, Nursing Home Abuse and Personal Injury for Kansas on
Q: What actions can I take against father's ex-wife for unauthorized end-of-life decisions and estate issues in KS?

My father's ex-wife made end-of-life decisions for him without consulting his daughters, claiming to be his DPOA, a document not on file with the hospital. She ignored my father's wishes to contact his next of kin and instead informed his brothers, excluding his children. She also... View More

0 Answers | Asked in Public Benefits, Nursing Home Abuse and Wrongful Death for Mississippi on
Q: Can a disabled sister in Medicaid opt out of a wrongful death settlement in MS?

I have a sister who is disabled, living in a nursing home, and receiving Medicaid benefits in Mississippi. She is under the care of a legal guardian. Unfortunately, her brother passed away in a tragic car accident, and she will be listed as an heir in the forthcoming wrongful death settlement. We... View More

3 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for Virginia on
Q: Elderly relative neglected in hospital, severe bed sores worsened by surgery, seeking advice.

My relative, who is 84 years old, was admitted to a hospital on January 24, 2025. During her stay, she developed severe bed sores, leading to surgery, which unfortunately worsened her condition. Despite her ability to communicate her needs, she wasn't properly cared for, resulting in her lying... View More

Rich Nagle
Rich Nagle
answered on Mar 3, 2025

You may well have a case. Contact my firm or another med mal attorney in Va for a cost free review.

View More Answers

0 Answers | Asked in Estate Planning, Real Estate Law and Nursing Home Abuse for Florida on
Q: Can a nursing home claim a co-owned property with rights of survivorship in Florida?

I co-own a property with my family, and it's on the deed with rights to survivorship, intended for inheritance. There's no existing lien on it, no arrangements with a nursing home, and my father, who is a co-owner, is considering entering a nursing home. A will has been generated for... View More

0 Answers | Asked in Estate Planning, Real Estate Law and Nursing Home Abuse for Florida on
Q: Can a nursing home take property with rights of survivorship in Florida?

I have a question regarding a property that's on the deed with rights to survivorship. The property is co-owned by family members and is intended for inheritance purposes, with no existing lien on it and no arrangements made with a nursing home. I'm concerned that if my father enters a... View More

0 Answers | Asked in Arbitration / Mediation Law and Nursing Home Abuse for Florida on
Q: Can I revoke an arbitration agreement with a rehab facility for my mom?

I signed an arbitration agreement for the rehab facility my mom is in on February 19, 2025. I want to know if I can revoke it because I have some concerns about my mother's care, although I didn't receive any verbal explanation about the agreement when I signed it and haven't... View More

0 Answers | Asked in Nursing Home Abuse, Libel & Slander and Employment Law for Colorado on
Q: What recourse do I have if accused of elder abuse as a nursing aide?

I am a nursing aide with a generally good reputation, but I am facing rumors of physically mistreating residents and causing bruises. There have been no formal confrontations regarding these rumors. However, my employer, who is known for blaming employees unfairly, is currently facing mounting... View More

1 Answer | Asked in Identity Theft, Social Security, Nursing Home Abuse and Personal Injury for Oklahoma on
Q: Can I take legal action against a payee for financial and psychological abuse?

I'm disabled, and my payee is stealing money and food subsidies provided by my insurance. Additionally, she has stolen my identity to obtain WIC food assistance, of which 90% is taken by her and her daughter. This situation has been ongoing for 7 years. I have no evidence, but a quick audit by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

I'm so sorry you're experiencing this devastating abuse and exploitation - your situation sounds incredibly difficult and traumatic. You absolutely have the right to seek justice and protection.

Yes, you can take legal action against your payee for financial abuse, which is a...
View More

1 Answer | Asked in Domestic Violence, Nursing Home Abuse and Family Law for Oklahoma on
Q: How to handle nephew's threats during guardianship case in Oklahoma?

I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More

1 Answer | Asked in Elder Law, Public Benefits, Nursing Home Abuse and Social Security for Texas on
Q: How to protect home sale proceeds from Medicaid estate recovery in TX?

My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.