Nursing Home Abuse Q&A by State
Your current state is Virginia
Nursing Home Abuse Questions & Answers
Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?
My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they... Read more »
In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... Read more »
Q: No attorney will take my case. How do I file charges for abuse of a corpse?
My father passed away in a nursing home. Not only did they lie about the time of death but my father was struck in the face after he died.
Call the police department in the town where the nursing home is located, and tell them you want to file charges.
Best of luck to you.
Q: I work in a group home for the mentally challenged. I had a resident expose my breast and pinch it can I charge him?
He took my phone smashes it then grabbed my face scratching my nose and eye. Then snapped my glasses and flushed them down the toilet. Repeatedly kicked me in the legs and stomach. Then when my vision was compromised he exposed my left breast and pinched and twisted it. Then seemed out my purse and... Read more »
Unless you did something to provoke the attack, the best (and only real) remedy is against the group home because they knew or should have known this resident would act out in the manner that they did. Talk to a lawyer.
Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?
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
I would be the plaintiff
I'm searching for an excellent trial attorney on a success fee basis
Extreme injustice done
This doesn't involve probate, it involves litigation
It involves social security disability money, breach of fiduciary duty, fraudulent lying in court... Read more »
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
he received 3 staples in his head and we were not notified and he cant remember what happened, do we have a case?
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
You would need to contact an Iowa attorney.
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.
I believe that his issues are as a direct result of malpractice on the part of the memory care community in which he was living. At the suggestion of the care manager at the hospital, I contacted the Fredericksburg Adult Protective Services and the Va State Dept. of Licensing. She also suggested... Read more »
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... Read more »
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... Read more »
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
to sue?
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"?
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
can't remember how she got them. Would this sink any case I brought against the nursing home?
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?
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.... Read more »
Q: What recourse is there if my dad got a medication overdose at his nursing home?
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... Read more »
Q: If I have shared a residence with a man for over twenty five yesrs can he throw me out?
I have become handicapped in this time, there is alot of abuse verbal and physical I have nothing he has taken everything from me
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
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?
It's practically a known fact that the caregiver for my girlfriend's father (who is also my neighbor) has been negligent to the point of abuse. However there is no solid proof of this. Adult Protective Services asked him if he wanted them to begin an investigation. The man has dementia and can... Read more »
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?
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... Read more »
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?
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
A family memeber has been left soiled and fell off the bed we were never told we found out from another patient who had to get aCNA to help them we have a lot of documentation (pictures) of things that should not be done or should have been done and were not
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).
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