Homer P Jordan IV's answer You should consult with an attorney who can review the case with you and determine if this is worth pursuing. Most attorneys offer a free consultation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Jay Braddock Jackson's answer I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...
Timur Akpinar's answer The term abuse is sometimes used loosely, but it tends to generally involve the care of the individual. However, if you have concerns about the contract, reviewing its terms with an attorney could help you determine if there are issues in it that deserve further attention.
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.
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...
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...
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.
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.
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.
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...
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