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Nursing Home Abuse Questions & Answers
Q: What happens to my mother's credit card debt when only $75/month is left from Social Security after nursing facility takes rest?

I am preparing to place my mother in a nursing facility, which will take her Social Security income and leave her with only $75 per month for personal use. She has a credit card solely in her name with an outstanding balance of approximately $15,000. She also co-owns a house with me, which has a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 11, 2025

If she cannot pay the minimum payments, the interest will continue to accrue and after 2, 3, or 4 months of not making the minimum payments (depending on the creditor), the creditor will close the account to further purchases. After 6 months, the creditor will charge off the balance. This is an... View More

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2 Answers | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Personal Injury for Texas on
Q: How can I report elder abuse and seek guardianship of my father in Texas?

I am concerned about my 86-year-old father, who is being financially exploited by his 56-year-old girlfriend. He has spent around $170,000 on her and those living with her, but she does very little to assist him. My father's health is declining, his dementia is worsening, and he spends most of... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2025

If your father is no longer mentally competent, you can petition to be appointed as his guardian. If he is mentally competent, he can legally spend his money however he wants, including buying junk food for a younger girlfriend and those living with her. APS investigates allegations of elder... View More

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2 Answers | Asked in Nursing Home Abuse, Wrongful Death and Personal Injury for Arkansas on
Q: Can I sue for wrongful death after negligent care at an Arkansas nursing facility?

My mom passed away in a nursing facility due to negligence. She was given a breathing treatment that wasn't ordered by a doctor, and this led to her death. I filed a complaint with The Department of Human Services, and The Office of Long Term Care conducted a surprise investigation, resulting... View More

Richard Lane Hughes
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answered on Jun 29, 2025

Yes, a representative of the estate of your mother can sue a nursing home for negligence resulting in her injury or death. However, there are many factors that must be considered before taking on that task. First, when did the negligent act take place? There are time limits that apply in all... View More

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3 Answers | Asked in Estate Planning, Personal Injury, Nursing Home Abuse and Civil Litigation for Louisiana on
Q: Life insurance beneficiary change by niece without notice; mother in LA diagnosed with dementia.

I live in Arizona but my mother lives in Louisiana and was diagnosed with Alzheimer's/Dementia. While she was in a care facility and I gave my niece permission to handle medical Power of Attorney issues, my niece changed my mother's life insurance policy to make herself the sole... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 20, 2025

You need to speak with an attorney immediately to discuss your, and your mother's, rights. I would suggest perhaps filing to have your mother provisionally interdicted and attack her competency now, before your mother passes away. Once she's deceased, it will be more difficult to prove... View More

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3 Answers | Asked in Military Law, Nursing Home Abuse and Personal Injury for California on
Q: Exposed to radiation in military, hip replacement related. What to do?

I was exposed to radiation while serving in the military, which led to me having both hips replaced. The Veterans Administration advised me to get a lawyer. I have a letter from my doctor stating that my hip issues were probably due to radiation exposure. How should I proceed in seeking legal... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California law, medical malpractice claims must generally be filed within one year of discovery under MICRA (Cal. Civ. Proc. Code § 340.5), but your case may also involve federal claims against the VA or military contractors. Since radiation exposure and service-related injuries are complex,... View More

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3 Answers | Asked in Military Law, Nursing Home Abuse and Personal Injury for California on
Q: Exposed to radiation in military, hip replacement related. What to do?

I was exposed to radiation while serving in the military, which led to me having both hips replaced. The Veterans Administration advised me to get a lawyer. I have a letter from my doctor stating that my hip issues were probably due to radiation exposure. How should I proceed in seeking legal... View More

William John Light
William John Light
answered on Jun 17, 2025

Were you involved a "radiation-risk activity" recognized by the VA, such as:

Participation in atmospheric nuclear weapons testing (1945–1962).

Occupation of Hiroshima or Nagasaki (August 6, 1945–July 1, 1946).

Cleanup of Enewetak Atoll (1977–1980)....
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5 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: What legal options do I have for nursing home neglect resulting in a stroke?

I'm concerned about my 91-year-old mother who fell at her nursing home around 7 pm, but an ambulance wasn't called until the next morning. Once at the hospital, she was diagnosed with a stroke. She is now in bad condition, requires significant therapy to regain half of her former... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2025

I'm very sorry about your mother's fall and stroke. Your most productive option could be to try to arrange a free initial, no-obligation consult with attorneys. If a law firm expressed interest in the matter, they could retrieve the medical records and review with health care... View More

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5 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: What legal options do I have for nursing home neglect resulting in a stroke?

I'm concerned about my 91-year-old mother who fell at her nursing home around 7 pm, but an ambulance wasn't called until the next morning. Once at the hospital, she was diagnosed with a stroke. She is now in bad condition, requires significant therapy to regain half of her former... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 11, 2025

So sorry to hear what happened to your mother. As my colleagues correctly advised, get copies of your mother's medical records and best to speak with an experienced personal injury / medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA... View More

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5 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: What legal options do I have for nursing home neglect resulting in a stroke?

I'm concerned about my 91-year-old mother who fell at her nursing home around 7 pm, but an ambulance wasn't called until the next morning. Once at the hospital, she was diagnosed with a stroke. She is now in bad condition, requires significant therapy to regain half of her former... View More

Stephen Bilkis
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answered on Jun 17, 2025

I'm sorry to hear about your mother's condition. Situations like this are deeply upsetting, especially when the health and safety of a loved one in a nursing facility are at stake. In New York, nursing homes are legally required to provide timely and appropriate care to their residents.... View More

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3 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for California on
Q: Does my cousin have grounds for a medical malpractice case in California due to prolonged health decline from treatment errors?

I am a caretaker for my cousin, who has been experiencing serious medical issues over the past two years. It started with an abscess in his hip, leading to ICU admission and placement in a nursing home. At the nursing home, they incorrectly administered his antibiotics, and at UC Davis Hospital,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 9, 2025

The first issue in determining whether a medical malpractice case is viable is the Statute of Limitations, which in CA is either one year from the date of the action constituting malpractice or 3 years from the date of the discovery of the malpractice.

The next issue is determining whether...
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2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for California on
Q: Can we sue for a year-long misdiagnosis leading to severe health issues?

I am living with a friend who is 83 years old. He was initially misdiagnosed with COPD while he was very sick in the emergency room. After coming home, he was unable to walk for two weeks and had to use a bag for going to the bathroom for months. Eventually, he developed a black toe, which was... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), you generally have one year from the date the patient knew or should have known about the injury caused by medical negligence. Since the correct diagnosis of congestive heart failure was eventually made and treatment started, that... View More

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3 Answers | Asked in Contracts, Estate Planning, Real Estate Law, Nursing Home Abuse and Personal Injury for Oklahoma on
Q: Can the state take the property if my mother is in a nursing home?

My mother and I entered into a Contract for Deed agreement in January of 2020 for a house being rented to own, with payments continuing until 2031. My mother, who has some form of medical assistance, is now in a nursing home, and my sister's husband holds power of attorney for her medical... View More

Richard Winblad
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Richard Winblad
answered on Jun 3, 2025

If your transaction occurred more than 5 years before the Medicaid/SoonerCare application, then it is outside of the lookback period. However, if you have not filed the contract for deed with the county then you may run into some proof issues. The courts view a contract for deed as if the owner... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Nursing Home Abuse and Public Benefits for California on
Q: Can I pursue legal action against the hospital for my mother's Methadone overdose and related negligence issues?

I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More

William John Light
William John Light
answered on May 13, 2025

If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More

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4 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: Legal actions for nursing home causing dislocated shoulders.

My mother, who has been bed-bound in a nursing home for two years, has received two dislocated shoulders under their care. The hospital found multiple dislocations, some over a year old. I have discussed these findings with the nursing home staff, and I have documentation from the hospital. What... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 13, 2025

So sorry to hear what happened to your mother. You can certainly report the incidents to the NYS Department of Health if you suspect (or have evidence) that she's being abused or neglected, or mistreated, https://apps.health.ny.gov/surveyd8/nursing-home-complaint-form

With regard to...
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4 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: Legal actions for nursing home causing dislocated shoulders.

My mother, who has been bed-bound in a nursing home for two years, has received two dislocated shoulders under their care. The hospital found multiple dislocations, some over a year old. I have discussed these findings with the nursing home staff, and I have documentation from the hospital. What... View More

Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I am sorry to hear about what your mother has experienced. If your mother has suffered multiple shoulder dislocations while under the care of a nursing home, this situation raises serious concerns about negligence, improper care, or even abuse. In New York, you have several legal options to address... View More

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4 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: Legal actions for nursing home causing dislocated shoulders.

My mother, who has been bed-bound in a nursing home for two years, has received two dislocated shoulders under their care. The hospital found multiple dislocations, some over a year old. I have discussed these findings with the nursing home staff, and I have documentation from the hospital. What... View More

Tim Akpinar
Tim Akpinar
answered on May 12, 2025

I'm sorry for your mother's ordeal. One action you could take is to again bring your concerns about her injuries to the facility. Another action could be to discuss with attorneys. If you have medical records in terms of dislocations or rotator cuff injury, those could be meaningful to an... View More

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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Isaac Shutt
Isaac Shutt
answered on May 10, 2025

If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More

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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Only if you agreed to be personally responsible for such charges.

Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's...
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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2025

No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More

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2 Answers | Asked in Elder Law, Military Law, Nursing Home Abuse, Estate Planning and Personal Injury for Louisiana on
Q: How to remove POA refusing memory care for elderly veteran with dementia?

I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2025

If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More

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