Nursing Home Abuse Q&A by State

Your current state is Virginia


Show More States »

Lawyers, Answer Questions  & Get Points Log In
Nursing Home Abuse Questions & Answers
1 Answer | Asked in Probate and Nursing Home Abuse for California on
Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?

Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... Read more »

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for South Dakota on
Q: Do I have Grounds to sue

So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Nursing Home Abuse for Georgia on
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her

Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward

Tim Akpinar
Tim Akpinar answered on Nov 30, 2020

A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult.... Read more »

1 Answer | Asked in Nursing Home Abuse for Tennessee on
Q: So my mom died in nursing and she was assigned a conservator in chancery court a yr ago so dose the coservert stop as of
Anthony M. Avery
Anthony M. Avery answered on Nov 30, 2020

No. The conservator usually has to file a final accounting with the Court with a Suggestion of Death. You might file a Suggestion with the Death Certificate copy yourself.

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

View More Answers

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

1 Answer | Asked in Products Liability, Elder Law and Nursing Home Abuse for Nevada on
Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,

Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment?

Tim Akpinar
Tim Akpinar answered on Nov 6, 2020

A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability...... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda answered on Oct 23, 2020

You should obtain your brother's medical records, death certificate and consult with an elder abuse attorney in your state. Sorry for your loss.

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda answered on Oct 23, 2020

I am so sorry to hear that your brother passed due to potential nursing home negligence. You should consult with a local nursing home abuse attorney to investigate what happened. In nursing home infection cases, the liability usually arises out of a facility's failure to react to a symptomatic... Read more »

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »

View More Answers

1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

1 Answer | Asked in Nursing Home Abuse for Missouri on
Q: What lawyer is needed for false accusations of sexual abuse from a staff member to a resident at a nursing home?
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

A Missouri attorney could advise best, but your post remains open for four weeks. You could start by looking into defamation attorneys if your reputation has been damaged. If this adversely affected your employment, you could also look into employment attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: Are nursing homes required to have insurance?

I was recently in a medical malpractice suit against a nursing home on behalf of my husband who is now deceased. The suit ended unfavorable as the nursing facility responded to having no insurance and was threatening bankruptcy. Are nursing facilities required by law to have insurance?

Michael Brevda
Michael Brevda answered on Aug 25, 2020

Shockingly, many states allow nursing homes to go uninsured, or to be grossly underinsured. This is a major problem because nursing home companies will spring up and then go bankrupt like a corporate shell game. They do this in order to avoid judgments and creditors.

The best bet is to...
Read more »

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 K Sanders
Charles K Sanders answered on Aug 16, 2020

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

View More Answers

2 Answers | Asked in Personal Injury, Insurance Defense and Nursing Home Abuse for Connecticut on
Q: How to find out a Corporation's liability insurer information, if have intent to sue for negligence?
John B. Hudak
John B. Hudak answered on Jun 9, 2020

Consider consulting with a personal injury attorney—with a confidential consultation. Many times personal injury attorneys will take cases on contingency where the client will not have to pay anything until money is recovered, part of the recovery goes to the attorney and part of the recovery... Read more »

View More Answers

1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell answered on May 15, 2020

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Nursing Home Abuse, Probate and Public Benefits for Georgia on
Q: When someone is sentenced by a judge to 180 days in probation detention center. Will that person serve the whole 180?
Sean McIlhinney
Sean McIlhinney answered on Apr 5, 2020

Good question.

The answer it really depends on which jurisdiction the case is in. Some jails do 2 for 1 credit and some calculate jail time day for day. Also, because of the Coronavirus some jails are releasing persons jailed for less serious non violent crimes early.

Please...
Read more »

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.