Nursing Home Abuse Questions & Answers by State
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Nursing Home Abuse Questions & Answers
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
Q: Is not reporting an a death from e coli at a nursing home illegal?
1 Answer
| Asked
in
Elder Law, Nursing Home Abuse and Wrongful Death
for
Massachusetts
on
Answered on Jan 23, 2018
Answered on Jan 23, 2018
Lillian J. LaRosa's answer
Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation of whether it appears that there was negligence.
Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation of whether it appears that there was negligence.
Q: What's the standard of reasonable care in Illinois nursing homes?
Robert D. Kreisman's answer
What would an ordinary and reasonable nursing facility do or not do under the same or similar circumstances. However, Illinois has adopted the Illinois Nursing Home Care Act which places what amounts to a greater duty of care on nursing homes and their medical/nursing providers.
What would an ordinary and reasonable nursing facility do or not do under the same or similar circumstances. However, Illinois has adopted the Illinois Nursing Home Care Act which places what amounts to a greater duty of care on nursing homes and their medical/nursing providers.
Q: I just found out that my father suffered from bed sores before he passed away.
Michael Darren O'Quinn's answer
It depends on the statute of limitations in your jurisdiction. For example, in Arkansas a medical negligence/nursing home neglect lawsuits must generally be filed within a 2 year statute of limitations (running from date of negligence, i.e. acts and omissions that caused the bedsores, not date of death). Each had stste can be different. Let me know if the negligence was in Arkansas and I can provide more detail. Thanks, Darren.
It depends on the statute of limitations in your jurisdiction. For example, in Arkansas a medical negligence/nursing home neglect lawsuits must generally be filed within a 2 year statute of limitations (running from date of negligence, i.e. acts and omissions that caused the bedsores, not date of death). Each had stste can be different. Let me know if the negligence was in Arkansas and I can provide more detail. Thanks, Darren.
Q: I think my grandma might be being abused at her nursing home but she has dementia. Does that mean her testimony won't
Matthew Williams' answer
Dementia will certainly be an issue with her testimony. But, there are other ways of getting to the bottom of nursing home abuse.
Dementia will certainly be an issue with her testimony. But, there are other ways of getting to the bottom of nursing home abuse.
Q: The prosecutor wants to file a criminal suit against the nursing home my great aunt was in. Can her family also file a
Cory Russell Weck's answer
Absolutely. You should contact an experienced personal injury attorney who has experience in Elder/Nursing home abuse cases. The consultation should be for free. Good luck!
Absolutely. You should contact an experienced personal injury attorney who has experience in Elder/Nursing home abuse cases. The consultation should be for free. Good luck!
Q: I'm considering putting my Mother in the care of someone who also takes care of
Robert D. Kreisman's answer
You would need to gain verification under what state licensing this household is operating. Without making that effort to verify the arrangement there is nothing you have suggested that makes this housing situation a legal environment under Illinois law.
You would need to gain verification under what state licensing this household is operating. Without making that effort to verify the arrangement there is nothing you have suggested that makes this housing situation a legal environment under Illinois law.
Q: Is it legal to make a nursing home resident sleep on a mattress on the floor?
Andy Wayne Williamson's answer
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 short of a mattress in the floor.
Good luck.
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 short of a mattress in the floor.
Good luck.
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