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Nursing Home Abuse Questions & Answers
2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Legal actions for inadequate care leading to dehydration, weight loss, and death of a sedated patient in hospital.

I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More

Randall R. Walton
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answered on Mar 22, 2025

You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More

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2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2025

Sorry to hear about your grandmother's horrible ordeal. She has a potential claim for substantial money damages, which must be handled by an attorney. Promptly pick up the phone and call a lawyer who is in the County where the nursing home is to schedule a free consultation, either in person... View More

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2 Answers | Asked in Nursing Home Abuse and Personal Injury for Florida on
Q: How can I sue a nursing home for neglecting my grandmother in Florida?

I want to sue a nursing home for neglect of my grandmother. She was there for one week and ended up with bruises, a UTI, dehydration, and was left in dirty diapers for extended periods. She claims she was "manhandled" by four employees, and staff hid her cellphone to prevent her from... View More

Charles "Kip" Sinclair
Charles "Kip" Sinclair
answered on Mar 22, 2025

If they caused your grandmother any permanent injuries, then you can sue the nursing home on her behalf. Look for severe dehydration, malnutrition, weight loss, falls with injuries or any pressure ulcers.

If so, call and consult with a nursing home lawyer.

Sorry about what...
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3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for... View More

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3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2025

I'm very sorry for the loss of your mother and the other two victims here. If I were to emphasize a key point here, it is that you must act promptly. If you are dealing with public agencies, that generally involves notice of claim requirements - please consult with an attorney without further... View More

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3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

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

Sorry for your loss. Generally speaking, assisted living facilities have a legal duty to monitor the elderly residents under their care and could be responsible if their negligence, i.e. a departure from the standard of care, causes harm. Keep in mind that the statute of limitations for wrongful... View More

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2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

Your uncle must be mentally competent and capable of comprehending the import of the document he is signing; otherwise, the only option is a petition for legal guardianship filed in court. If he is mentally competent to sign a power of attorney, he should sign two POAs: (1) a Maryland Statutory... View More

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2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 8, 2025

Generally there are two types of Powers of Attorney in Maryland: Health Care and Financial. They each appoint an agent, the health care agent to manage health care and the financial agent to manage financial and related affairs. Most people should have both. These are generally NOT combined in... View More

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1 Answer | Asked in Domestic Violence, Nursing Home Abuse and Family Law for Oklahoma on
Q: How to handle nephew's threats during guardianship case in Oklahoma?

I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More

1 Answer | Asked in Arbitration / Mediation Law and Nursing Home Abuse for North Carolina on
Q: I signed an arbitration agreement when my mother went into a nursing home.

She died from their neglect. I requested her records and they gave me a denial letter saying I wasn't authorized to get them (i know i am). But it got me thinking about the arbitration agreement. If they say I am not authorized for records, .wouldn't that also mean i wasn't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm very sorry about the loss of your mother. No worries or apologies necessary if your question is a repeat. That happens sometimes on the forum.

To answer definitely, a North Carolina...
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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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1 Answer | Asked in Nursing Home Abuse and Personal Injury for West Virginia on
Q: I picked my mom up from the nursing home to visit family. She had deep ligature marks on her throat. What should I do?

I took her to the ER the next morning. The doctor would not confirm they were ligature marks although they were deep and clearly visible. I felt that he didn't want to get involved so suggested I bring her in the following morning to see her primary care doctor, which I did. Her primary care... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry your mother sustained such alarming and disturbing injuries. You did the right thing by getting her out of there. Your post mentions that you ran out of characters. Regardless of what you were... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California on
Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 3, 2024

And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More

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2 Answers | Asked in Nursing Home Abuse, Health Care Law and Personal Injury for California on
Q: If a patient in a skilled nursing facility was given a chemical restraint without informed consent does it fall in the

category of medical malpractice

James L. Arrasmith
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answered on Jul 2, 2024

In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More

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1 Answer | Asked in Nursing Home Abuse and Elder Law for California on
Q: Hello,I have a resident living in assisted living being financially abused by two people.

executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:

1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse....
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1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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1 Answer | Asked in Family Law, Nursing Home Abuse and Elder Law for California on
Q: My sister is power of attorney over my mother, who is in an elderly, assisted facility, can she deny me visitation

It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More

James L. Arrasmith
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answered on Feb 25, 2024

In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More

2 Answers | Asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts on
Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More

James L. Arrasmith
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answered on Feb 24, 2024

To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More

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1 Answer | Asked in Civil Rights and Nursing Home Abuse for Texas on
Q: Can my mother sue anyone?

She is in a nursing home with dementia and schizophrenia. She can't care for herself but we haven't had a court declare her incompetent due to funds. The nursing home is allowing her to call a lawyer to sue us and them for not releasing her. When she was on her own she didn't eat... View More

James L. Arrasmith
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answered on Feb 1, 2024

Dealing with a situation involving a family member with dementia and schizophrenia can be challenging, especially when legal concerns arise. Here are some steps you can consider:

1. Seek Legal Advice: It's important to consult with an attorney who specializes in elder law or...
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