I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a... View More
It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would...View More
If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf....View More
The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried.
You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.
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... View More
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...View More
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?
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...View More
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!!
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...View More
my mother in law keep falling due to her many ailments. The nursing home removed her bed from her room and placed the mattress on the floor. When I arrived, I saw her on the mattress ( on the floor). I spoke to the nurse and requested that the bed be put back in the room. They put the bed back... View More
The standard is not legal or illegal. It is reasonable under the circumstances. Obviously the appearance of a mattress on the floor is not good. It sounds as though the reason was to prevent injuries due to falling. You should have a discussion further with the nursing home about other alternatives...View More
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