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Nursing Home Abuse Questions & Answers
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.
1 Answer
| Asked
in
Elder Law, Medical Malpractice and Nursing Home Abuse
for
Virginia
on
Answered on Dec 12, 2018
Answered on Dec 12, 2018
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...
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...
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.
You should be asking Kaiser and the care facility in Oakland these questions.
Q: The nursing home is trying to blame an unassociated doctor for my grandpa's deteriorating conditions. How do I know who
Matthew Williams' answer
When in doubt, sue them both. If you've got a nursing home issue, I suggested you call Will Eadie. That's all he does.
When in doubt, sue them both. If you've got a nursing home issue, I suggested you call Will Eadie. That's all he does.
Q: If we feel the contract we signed for care is ripping us off, is this considered "abuse"?
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.
Tim Akpinar
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.
Tim Akpinar
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
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.
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