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...
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...
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.
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.
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.
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...
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.
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.
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.
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.
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