Nursing Home Abuse Questions & Answers by State

Nursing Home Abuse Questions & Answers

Q: The prosecutor wants to file a criminal suit against the nursing home my great aunt was in. Can her family also file a

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Nov 15, 2017

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!
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Q: I'm considering putting my Mother in the care of someone who also takes care of

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Oct 30, 2017

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.
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Q: Is it legal to make a nursing home resident sleep on a mattress on the floor?

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Answered on Oct 25, 2017

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.
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Q: Can I sue a rehab/ nursing facility for negligence?

1 Answer | Asked in Health Care Law, Medical Malpractice and Nursing Home Abuse for Alabama on
Answered on Oct 2, 2017

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
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Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?

1 Answer | Asked in Nursing Home Abuse for California on
Answered on Sep 29, 2017

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.
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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

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,...
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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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