Nursing Home Abuse Questions & Answers by State

Nursing Home Abuse Questions & Answers

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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Q: If my uncle's nursing home does not consistently observe his dietary restrictions is that abuse?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Mar 11, 2017

It could be. 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, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...
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Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. 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, Criminal Defense, Divorce & Child Custody, and...
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Q: What kinds of nurses are required to be on site at a nursing home 24 hours a day?

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

Nurses of all stripes on duty should include registered nurses, certified nursing assistants and license practice nurses. The numbers and nursing types depends on the size and type of nursing home facility.

Here's the Illinois law on this:

MINIMUM STAFFING STANDARD FOR SKILLED NURSING OR NURSING FACILITIES

Estimated variance from federal standard for facility with 100 beds

Staffing Standard Citation and URL Comments IL

SUFFICIENT STAFF:

To meet...
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Q: If I suspect mistreatment at my father's nursing home do I still have to pay the monthly charges?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Feb 18, 2017

You should report elder abuse to the police. You may be able to sue for breach of contract if you're the person who formed the contract for your dad's care. It's best to first try to resolve the matter with the nursing home, if possible. 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...
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Q: Wife was dropped on floor from a hoyer lift in a nursing home. what recourse can i persue

1 Answer | Asked in Nursing Home Abuse for New York on
Answered on Feb 14, 2017

You may be able to sue for negligence. 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, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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