Nursing Home Abuse Questions & Answers by State

Nursing Home Abuse Questions & Answers

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

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.
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Q: My mom is in a nursing home and my question is if there is a nurse working there that I would prefer not to care for mom

1 Answer | Asked in Elder Law and Nursing Home Abuse for Kentucky on
Answered on Jun 28, 2017

You need to address your concerns with the nursing supervisor and director of the home. However, if your mother is receiving her medicine as prescribed, it does not appear at this point there is a valid claim for abuse or negligence.
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Q: Am I able to file a complaint against a nursing home even if I'm not a family member of the resident?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Jun 16, 2017

If you mean report the abuse, yes. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm
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Q: Are there any legal barriers to removing a relative from a nursing home that is acting negligently?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Jun 9, 2017

If your relative is not either an adjudicated disabled person or is not otherwise incompetent, your relative can choose to relocate for any reason. If your relative is incompetent, then without a power of attorney for health care, a court would need to appoint a guardian of your relative to be able to make those decisions if found to be incompetent and/or disabled.
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Q: Is it possible to investigate the cause of a fall at a nursing home to determine whether the staff was negligent?

1 Answer | Asked in Nursing Home Abuse for Arkansas on
Answered on May 30, 2017

Yes, that is certainly possible. I would need more information before I suggest what lengths to go to for an investigation. I will assume that you have some reason to believe that there are circumstances that may amount to either abuse or failure to take proper care. If you are the guardian of the individual, you should first ask the nursing home administration for their version of the facts regarding the fall. If you have a good relationship with an individual on staff there, I would first ask...
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Q: Aren't bedsores always a sign of nursing home abuse? The home where my mother is residing says no, but I can't be sure

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017

Not always. Bedsore can occur. The question is how the nursing home deals with the bedsores. It is rare that a significant life-threatening bedsore will occur in the absence of negligence.
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Q: If you suspect abuse of a relative by a nursing home do you report it to the government or contact the facility?

2 Answers | Asked in Nursing Home Abuse for California on
Answered on May 26, 2017

Under most circumstances, you would do both, and also consult an attorney. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm Feel free to contact me if you need a referral to an attorney.
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Q: How can I prove that my aunt shouldn't have been walking alone before she experienced a severe fall at her nursing home?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017

Tough question to answer without more facts. Why should she not have been walking alone? Did the nursing home assess her as a fall risk?

Usually, when these cases are won it is because the nursing home failed to follow their protocols (or what should have been their protocols) by properly assessing the resident and taking the appropriate precautions.
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Q: Do you need to have a written agreement in place with a nursing home to take action against them for wrongdoing?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on May 26, 2017
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Q: Is it legal for me to put a camera in my Dad's nursing home room

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on May 16, 2017

As long as your dad and if he has a roommate consent, it is permitted. See this link for more detail on this Illinois law.

https://www.robertkreisman.com/nursing-home-lawyer/2016/04/05/illinois-law-now-allows-cameras-nursing-homes/
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Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10

1 Answer | Asked in Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse for Michigan on
Answered on May 11, 2017

Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to your mother.
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Q: Do you have to report nursing home abuse to a state agency before you sue the facility?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on May 5, 2017

Generally speaking, no. You should look for a law firm which specializes in handling nursing home abuse cases. They will give you all the appropriate advice you need. I'm sure you can get an initial consultation for free.
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Q: If my mother's nursing home changed her medication without authorization is that legal?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Apr 28, 2017

Authorization would have to be given by your mother's treating physician. I would urge you to contact your mother's doctor.
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Q: I am a social service director at a nursing home. I am harassed multiple times a day from residents wanting money.

1 Answer | Asked in Personal Injury and Nursing Home Abuse for Louisiana on
Answered on Apr 17, 2017

You mean rights against your "customers?" No. Your employer could do a better job of dealing with it but as you are director why not take steps to make sure they know. The ones who aren't going to get it wouldn't get it regardless, and that's part of your job.
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Q: Can a nursing home resident move out of the facility whenever they choose?

2 Answers | Asked in Nursing Home Abuse for California on
Answered on Apr 14, 2017

I see no reason why not, unless they have been ordered otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: What is the standard of care that applies to nursing home staff?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Apr 10, 2017

The same general standard of care applies to all professionals including nursing home nurses, nurse practitioners, LPNs, CNAs, etc., that is, the same degree of knowledge, skill and ability as an ordinarily careful professional would exercise under similar circumstances.
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Q: Can a nursing home restrict family visits against a resident's will?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Apr 7, 2017

We are going to need a lot more details to answer this question.
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Q: Im half native american am i elligable for money

1 Answer | Asked in Native American Law, Construction Law and Nursing Home Abuse for Minnesota on
Answered on Mar 25, 2017

You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.
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Q: Can a skilled nursing facility have a patient transferred due to attitude?

1 Answer | Asked in Elder Law and Nursing Home Abuse for California on
Answered on Mar 22, 2017

You can sue for defamation based on the false claims. That may also motivate his attorneys-in-fact to move him elsewhere. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Do they do a credit check before you are accepted to a nursing home?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Mar 19, 2017

Yes. Nursing homes want to know who will pay for the resident and the services received. If not out of pocket, then will Medicaid be paying?
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