California Nursing Home Abuse Questions & Answers

Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse for California on
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.

Q: I am positive the bedsores my grandma has are a result of nursing home abuse or negligence but she has dementia and

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Oct 6, 2018
Travis Kendall Siegel's answer
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.

Q: What are nursing homes required to have in place to prevent falls?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Sep 21, 2018
Travis Kendall Siegel's answer
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 don't. Sometimes more assistance and supervision works. Sometimes it doesn't. Sometimes redirection and resident education work. Sometimes they don't. They way to prevent falls is to address the resident's...

Q: If I have shared a residence with a man for over twenty five yesrs can he throw me out?

1 Answer | Asked in Family Law and Nursing Home Abuse for California on
Answered on Aug 27, 2018
Angelina Bradley's answer
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.

Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?

2 Answers | Asked in Nursing Home Abuse for California on
Answered on Jun 5, 2018
Randall R. Walton's answer
It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be part of the suit. You would be well advised to consult with a lawyer on the subject.

Q: My Mom signed a DNR, but she has dementia - I feel the nursing staff pressured her into it - is there anything I can do?

1 Answer | Asked in Nursing Home Abuse and Elder Law for California on
Answered on May 11, 2018
Gerald Barry Dorfman's answer
1. If her dementia is severe enough, you could apply to the court to become her conservator. 2. You could report suspected elder abuse/neglect to the appropriate agency in the county in which it happened.

Q: Are these questions considered coaching?

1 Answer | Asked in Criminal Law and Nursing Home Abuse for California on
Answered on Apr 19, 2018
Dale S. Gribow's answer
more info needed

in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves

Q: The prosecutor wants to file a criminal suit against the nursing home my great aunt was in. Can her family also file a

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Nov 15, 2017
Cory Russell Weck's answer
Absolutely. You should contact an experienced personal injury attorney who has experience in Elder/Nursing home abuse cases. The consultation should be for free. Good luck!

Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Sep 29, 2017
Randall R. Walton's answer
First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it developed, and, more importantly, how large it is will tell us whether it could have been prevented, or that it was ignored. I hope this helps.

Q: Can a 17 years old be the primary on a restraining order for being physical abuse by the father?

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Nursing Home Abuse for California on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...

Q: I already have a document giving me access to medical files for patient do I need power of attorney like facility claims

1 Answer | Asked in Medical Malpractice, Health Care Law and Nursing Home Abuse for California on
Answered on Jun 30, 2017
Peter Munsing's answer
Ask them why if you have a hipaa form. Then contact the state body that regulates nursing homes. Contact a member of CAOC that handles nursing home issues.

Q: Am I able to file a complaint against a nursing home even if I'm not a family member of the resident?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Jun 16, 2017
Gerald Barry Dorfman's answer
If you mean report the abuse, yes. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm

Q: If you suspect abuse of a relative by a nursing home do you report it to the government or contact the facility?

2 Answers | Asked in Nursing Home Abuse for California on
Answered on May 26, 2017
Gerald Barry Dorfman's answer
Under most circumstances, you would do both, and also consult an attorney. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm Feel free to contact me if you need a referral to an attorney.

Q: Do you have to report nursing home abuse to a state agency before you sue the facility?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on May 5, 2017
Louis George Fazzi's answer
Generally speaking, no. You should look for a law firm which specializes in handling nursing home abuse cases. They will give you all the appropriate advice you need. I'm sure you can get an initial consultation for free.

Q: Can a nursing home resident move out of the facility whenever they choose?

2 Answers | Asked in Nursing Home Abuse for California on
Answered on Apr 14, 2017
Ali Shahrestani, Esq.'s answer
I see no reason why not, unless they have been ordered otherwise. 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 law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: Can a skilled nursing facility have a patient transferred due to attitude?

1 Answer | Asked in Elder Law and Nursing Home Abuse for California on
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
You can sue for defamation based on the false claims. That may also motivate his attorneys-in-fact to move him elsewhere. 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: If my uncle's nursing home does not consistently observe his dietary restrictions is that abuse?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Mar 11, 2017
Ali Shahrestani, Esq.'s answer
It could be. 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...

Q: If I suspect mistreatment at my father's nursing home do I still have to pay the monthly charges?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Feb 18, 2017
Ali Shahrestani, Esq.'s answer
You should report elder abuse to the police. You may be able to sue for breach of contract if you're the person who formed the contract for your dad's care. It's best to first try to resolve the matter with the nursing home, if possible. 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 law...

Q: can you tell me if CA has a financial limitation on nursing hone wrongful death

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Jan 13, 2016
Adam Studnicki's answer
There are time limits. If medical malpractice is also involved, that deadline may be shorter. These cases are complex and should be handled by a lawyer familiar with nursing home negligence. I know lawyers in CA who are familiar with these cases; if you'd like, I can put you in touch.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...

Q: Is there any legal recourse for POA when Assisted living releases his mother,who dies,to an unauthorized family member

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Jul 25, 2015
Adam Studnicki's answer
More information is needed. Talk to a local elder law or nursing home negligence lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

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