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: 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: 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.
Q: Can I sue a rehab/ nursing facility for negligence?
2 Answers
| Asked
in
Health Care Law, Medical Malpractice and Nursing Home Abuse
for
Alabama
on
Answered on Oct 2, 2017
Answered on Oct 2, 2017
Salim U. Shaikh's answer
Yes, a clear case of their negligence. Grab the day to day record of the center and see whether they did discuss her condition to a relevant doctor or not? If not, there is a clear lack of their knowledge and training to handle such situations. Appeared she hardly survived. Consult your local Attorney to sue them
Yes, a clear case of their negligence. Grab the day to day record of the center and see whether they did discuss her condition to a relevant doctor or not? If not, there is a clear lack of their knowledge and training to handle such situations. Appeared she hardly survived. Consult your local Attorney to sue them
Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?
Randall R. Walton's answer
First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it developed, and, more importantly, how large it is will tell us whether it could have been prevented, or that it was ignored. I hope this helps.
First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it developed, and, more importantly, how large it is will tell us whether it could have been prevented, or that it was ignored. I hope this helps.
Q: Can a 17 years old be the primary on a restraining order for being physical abuse by the father?
1 Answer
| Asked
in
Criminal Law, Domestic Violence, Family Law and Nursing Home Abuse
for
California
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
Ali Ebrahimzadeh, Esq.'s answer
He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
Q: I already have a document giving me access to medical files for patient do I need power of attorney like facility claims
1 Answer
| Asked
in
Medical Malpractice, Health Care Law and Nursing Home Abuse
for
California
on
Answered on Jun 30, 2017
Answered on Jun 30, 2017
Peter Munsing's answer
Ask them why if you have a hipaa form. Then contact the state body that regulates nursing homes. Contact a member of CAOC that handles nursing home issues.
Ask them why if you have a hipaa form. Then contact the state body that regulates nursing homes. Contact a member of CAOC that handles nursing home issues.
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.
