Nursing Home Abuse Questions & Answers by State
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Nursing Home Abuse Questions & Answers
Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?
1 Answer
| Asked
in
Consumer Law, Elder Law, Nursing Home Abuse and Probate
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Richard Samuel Price's answer
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party
4 Answers
| Asked
in
Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security
for
Virginia
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Daniel P Leavitt's answer
If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.
If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.
Q: my husband was inured in a involuntary psychiatric hold, no one will tell me what happened and won't give records
3 Answers
| Asked
in
Family Law, Personal Injury, Health Care Law and Nursing Home Abuse
for
Georgia
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
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
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
Q: My father died in the nursing home in Iowa due to my uncle's negligence
1 Answer
| Asked
in
Estate Planning, Personal Injury, Nursing Home Abuse and Wrongful Death
for
Texas
on
Answered on Dec 19, 2018
Answered on Dec 19, 2018
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: 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.
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