Nursing Home Abuse Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Nursing Home Abuse Questions & Answers
Q: I am positive the bedsores my grandma has are a result of nursing home abuse or negligence but she has dementia and
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.
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?
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...
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: What recourse is there if my dad got a medication overdose at his nursing home?
Timur Akpinar's answer
Available recourses could depend on whether the home or its agents were negligent in administering the medication. You could consult with a medical malpractice attorney, who could have questions as to what the medication was, what condition your father was receiving it for, what the magnitude of the overdose was, what the resulting injuries/symptoms/illnesses were, etc. These are just some of the questions, among others, that an attorney might ask in trying to determine whether the basis for a...
Available recourses could depend on whether the home or its agents were negligent in administering the medication. You could consult with a medical malpractice attorney, who could have questions as to what the medication was, what condition your father was receiving it for, what the magnitude of the overdose was, what the resulting injuries/symptoms/illnesses were, etc. These are just some of the questions, among others, that an attorney might ask in trying to determine whether the basis for a...
Q: If I have shared a residence with a man for over twenty five yesrs can he throw me out?
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.
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: my family member is be neglected by the angenice that is supposed to take care of him what can i do about it
1 Answer
| Asked
in
Family Law, Health Care Law and Nursing Home Abuse
for
Illinois
on
Answered on Aug 24, 2018
Answered on Aug 24, 2018
Cheryl Powell's answer
File a complaint through the administrative system. If it is a nursing home, ask at the office for complaint procedures.
File a complaint through the administrative system. If it is a nursing home, ask at the office for complaint procedures.
Q: Caregiver for senior with dementia and diabetes suspected of abuse/neglect. Who to report to?
Lillian J. LaRosa's answer
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
Q: One of my sisters was named as the executor of my mother’s will.
2 Answers
| Asked
in
Estate Planning, Medical Malpractice, Nursing Home Abuse and Wrongful Death
for
Pennsylvania
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Elizabeth Tarasi's answer
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?
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.
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?
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.
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: Is there laws for treatment of patients in a rehabilitation center
Stephanie Sexauer's answer
That is not right and should never have happened. I'm sorry to hear it did. Please feel free to call me to further discuss (Stephanie Sexauer 312-300-4743).
That is not right and should never have happened. I'm sorry to hear it did. Please feel free to call me to further discuss (Stephanie Sexauer 312-300-4743).
Q: Are these questions considered coaching?
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
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: Can patient family but camera in the patient room at a nursing home
Arthur Calderon's answer
Likely no, unless the patient and nursing home agree otherwise; however, I would recommend contacting an attorney or a relevant state agency, if you suspect that there may be abuse occurring in the nursing home.
Likely no, unless the patient and nursing home agree otherwise; however, I would recommend contacting an attorney or a relevant state agency, if you suspect that there may be abuse occurring in the nursing home.
Q: We hired a self-employed person to take care of my mother in her house - is that person subject
Robert D. Kreisman's answer
Yes. The Home Health, Home Services and Home Nursing Agency Licensing Act would cover your situation. 210 ILCS 55/1, et seq.
Yes. The Home Health, Home Services and Home Nursing Agency Licensing Act would cover your situation. 210 ILCS 55/1, et seq.
Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.
1 Answer
| Asked
in
Elder Law, Nursing Home Abuse and Personal Injury
for
Illinois
on
Answered on Mar 26, 2018
Answered on Mar 26, 2018
Steve McCann's answer
My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised reasonable care. Furthermore, it will also depend on any waivers you and/or your father signed with the nursing home.
That being the case, I highly recommend organizing everything you have in...
My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised reasonable care. Furthermore, it will also depend on any waivers you and/or your father signed with the nursing home.
That being the case, I highly recommend organizing everything you have in...
Q: I noticed that my dad (in a nursing home) developed a bed sore. Is this a sure sign of neglect?
Michael Darren O'Quinn's answer
It depends on the Stage (1-4 with 4 being the worst), the location (pressure point), and whether he had a medical condition that prevented him from being turned or significantly impaired his circulation. Give me a call to discuss.
It depends on the Stage (1-4 with 4 being the worst), the location (pressure point), and whether he had a medical condition that prevented him from being turned or significantly impaired his circulation. Give me a call to discuss.
Q: Is it right to have 2 Cnas on the floor of a nursing home of 57 residents
1 Answer
| Asked
in
Elder Law, Nursing Home Abuse and Health Care Law
for
Mississippi
on
Answered on Feb 21, 2018
Answered on Feb 21, 2018
Arthur Calderon's answer
That’s a tricky question, as it goes to what the standard of duty as it relates to nursing homes and maintaining the safety of its residents. Assuming that there is an allegation of abuse, neglect, or injury, a lawyer would need additional information about the resident, the injury, and the nursing home. Regardless, nursing homes are held to a certain standard of duty as it relates to ensuring that its residents are being taken care of.
That’s a tricky question, as it goes to what the standard of duty as it relates to nursing homes and maintaining the safety of its residents. Assuming that there is an allegation of abuse, neglect, or injury, a lawyer would need additional information about the resident, the injury, and the nursing home. Regardless, nursing homes are held to a certain standard of duty as it relates to ensuring that its residents are being taken care of.
Q: Do I have a case of neglect?
1 Answer
| Asked
in
Nursing Home Abuse and Medical Malpractice
for
Texas
on
Answered on Feb 19, 2018
Answered on Feb 19, 2018
Robert D. Kreisman's answer
This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.
This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.
Q: I received a monetary settlement from a wrongful death case against a nursing home (my mother death). Is this taxable
Peter Munsing's answer
Your post says Texas. You first need to contact the attorney, find out the breakdown between wrongful death and survivorship. Find out if the Az tax people agreed to the split. Contact a CPA in your state.
Your post says Texas. You first need to contact the attorney, find out the breakdown between wrongful death and survivorship. Find out if the Az tax people agreed to the split. Contact a CPA in your state.
Q: I have an aunt in stage 4 cancer who lives in a nursing home. My aunt never selected A Power of Attorney
1 Answer
| Asked
in
Elder Law, Nursing Home Abuse and Personal Injury
for
Wisconsin
on
Answered on Feb 6, 2018
Answered on Feb 6, 2018
Emmanuel Muwonge's answer
I am not certain as to what your question is and what you are trying to do for your aunt if anything. I would have to guess that you are trying to either manage your auntie's finances and or determine what they might be and or any other issue regarding your auntie's wellbeing in so far as it relates on how her affairs are managed.
You indicated that your aunt has since become a ward of the state with her finances in question but I do not really understand what that means from your...
I am not certain as to what your question is and what you are trying to do for your aunt if anything. I would have to guess that you are trying to either manage your auntie's finances and or determine what they might be and or any other issue regarding your auntie's wellbeing in so far as it relates on how her affairs are managed.
You indicated that your aunt has since become a ward of the state with her finances in question but I do not really understand what that means from your...
Q: What sort of evidence do I need to gather to make a solid claim against my mom's nursing home?
Stephanie Sexauer's answer
Hi there,
This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you.
Stephanie Sexauer
(312)300-4743
sms@sexauerlaw.com
Hi there,
This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you.
Stephanie Sexauer
(312)300-4743
sms@sexauerlaw.com
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.
