Nursing Home Abuse Q&A by State

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Nursing Home Abuse Questions & Answers
1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »

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1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

1 Answer | Asked in Nursing Home Abuse for Missouri on
Q: What lawyer is needed for false accusations of sexual abuse from a staff member to a resident at a nursing home?
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

A Missouri attorney could advise best, but your post remains open for four weeks. You could start by looking into defamation attorneys if your reputation has been damaged. If this adversely affected your employment, you could also look into employment attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: Are nursing homes required to have insurance?

I was recently in a medical malpractice suit against a nursing home on behalf of my husband who is now deceased. The suit ended unfavorable as the nursing facility responded to having no insurance and was threatening bankruptcy. Are nursing facilities required by law to have insurance?

Michael Brevda
Michael Brevda answered on Aug 25, 2020

Shockingly, many states allow nursing homes to go uninsured, or to be grossly underinsured. This is a major problem because nursing home companies will spring up and then go bankrupt like a corporate shell game. They do this in order to avoid judgments and creditors.

The best bet is to...
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2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Charles K Sanders
Charles K Sanders answered on Aug 16, 2020

You can talk to you and experience personal injury lawyer in your state.

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2 Answers | Asked in Personal Injury, Insurance Defense and Nursing Home Abuse for Connecticut on
Q: How to find out a Corporation's liability insurer information, if have intent to sue for negligence?
John B. Hudak
John B. Hudak answered on Jun 9, 2020

Consider consulting with a personal injury attorney—with a confidential consultation. Many times personal injury attorneys will take cases on contingency where the client will not have to pay anything until money is recovered, part of the recovery goes to the attorney and part of the recovery... Read more »

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1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell answered on May 15, 2020

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... Read more »

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1 Answer | Asked in Criminal Law, Nursing Home Abuse, Probate and Public Benefits for Georgia on
Q: When someone is sentenced by a judge to 180 days in probation detention center. Will that person serve the whole 180?
Sean McIlhinney
Sean McIlhinney answered on Apr 5, 2020

Good question.

The answer it really depends on which jurisdiction the case is in. Some jails do 2 for 1 credit and some calculate jail time day for day. Also, because of the Coronavirus some jails are releasing persons jailed for less serious non violent crimes early.

Please...
Read more »

2 Answers | Asked in Criminal Law, Nursing Home Abuse and Personal Injury for Texas on
Q: I need a good lawyer in Dallas Tx. for alot of nursing home abuse/neglect including sexual crimes...
Deandra M Grant
Deandra M Grant answered on Mar 26, 2020

Are you trying to file criminal charges? File a civil lawsuit? Your question is not clear.

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1 Answer | Asked in Elder Law, Nursing Home Abuse and Probate for California on
Q: A 24-hour facility hurt my grandparent. Please restore justice and protect my grandparent ASAP.
Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).

1 Answer | Asked in Nursing Home Abuse and Elder Law for Arkansas on
Q: A Nurse is forbidding consentual intimate relations between 2 consenting adults, what do I do
Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

It could depend on the policies of the facility. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law and Nursing Home Abuse for Texas on
Q: alzheimers patient released (kicked out) to a group home. 30day eviction on Nov4 moved him on Nov7 without medication,

Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 24, 2019

You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People... Read more »

1 Answer | Asked in Personal Injury and Nursing Home Abuse for Mississippi on
Q: What headings are used for a legal narrative?

I am looking for a template outline to tell me what areas are included in a narrative.

Tim Akpinar
Tim Akpinar answered on Nov 24, 2019

I don't handle nursing home abuse, but in terms of personal injury cases, you could use a number of different formats. What is more important than the particular format is that you include relevant information that outlines the who, what, when, where, and how of an accident. You want to... Read more »

1 Answer | Asked in Nursing Home Abuse for New Hampshire on
Q: Can a pregnant woman work in an abusive environment at a nursery home in the state of New Hampshire
Tim Akpinar
Tim Akpinar answered on Oct 30, 2019

You have this posted in Nursing Home Abuse, which is more about abuse of residents. You want to be asking this to an employment attorney - you could repost in the Employment Law section. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

3 Answers | Asked in Nursing Home Abuse and Wrongful Death for West Virginia on
Q: nursing home wrongful death lawsuit payout in WV

Nursing home wrongful death law suit.

D. Michael Burke Esq
D. Michael Burke Esq answered on Oct 22, 2019

What is the question?

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1 Answer | Asked in Nursing Home Abuse on
Q: I swore at a resident and got suspended. Can i get fired.
Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

This is an employment law matter. You could repost in that section. Good luck

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... Read more »

Michael C. Smith
Michael C. Smith answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

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