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Nursing Home Abuse Questions & Answers
3 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... Read more »

Randall R. Walton
Randall R. Walton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... Read more »

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1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Florida Civ. Proc. Question

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 4, 2023

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... Read more »

1 Answer | Asked in Medical Malpractice and Nursing Home Abuse for Illinois on
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found

Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice... Read more »

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... Read more »

1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well

Pamela J. Fero Esq.
Pamela J. Fero Esq.
answered on Jan 20, 2023

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.... Read more »

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... Read more »

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... Read more »

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 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 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, Civil Litigation and Nursing Home Abuse for California on
Q: can you predict what the outcome will be in Webster vs Haskins 9th case no 22-15545 ?
Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

You appear to be asking a question about a pending case. The people responding to the questions on this website are usually attorneys, not soothsayers. So far we cannot predict the future, we can only give reasonable alternatives once we are provided with all the information. Just citing the case... Read more »

1 Answer | Asked in Criminal Law, Nursing Home Abuse and Domestic Violence for Kentucky on
Q: Will a pending assault charge prohibit me from being granted a nursing license?
Timothy Denison
Timothy Denison
answered on Apr 5, 2023

Possibly. You need to get that charge dismissed if at all possible.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Illinois on
Q: I'm suing a nursing home for negligence and a hospital for negligence and wrongful death as in malpractice .

Because they were both at fault, do I have to sue them in the same case or separate cases

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.


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 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 »

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


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.

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

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