Nursing Home Abuse Questions & Answers by State

Nursing Home Abuse Questions & Answers

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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Q: What about my moms rights ? They won't even let me see my mom in nursing home

1 Answer | Asked in Elder Law and Nursing Home Abuse for Colorado on
Answered on Feb 12, 2017

You need to speak with an attorney as soon as possible. If you can't afford one, contact legal aid organizations in your area. You might also contact the state bar association where you live and ask about pro bono services. Human services didn't get involved for no reason but that doesn't mean they have complied with the law or properly respected the rights of you or your mom. If there is a conservator that has failed to collect your mom's benefit checks, that is a breach of fiduciary duty for...
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Q: How much proof do you need that a nursing home is mistreating its patients before you can bring a suit?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Feb 4, 2017

The Illinois civil procedure rules do not require a plaintiff to prove his/her case in the pleadings. All you need is enough competent information to set out those facts in a complaint that makes out a viable cause of action. Illinois is a fact-pleading state.
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Q: I put a hidden camera in my grandma's nursing home room and have proof of her abuse, but the nursing home says the video

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Jan 28, 2017

Could possibly be an illegal violation of Maryland wiretap laws. Consult local counsel.
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Q: What are the first steps to take if you suspect inadequate care at a relative's nursing home?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Jan 12, 2017

This is a pretty broad question. First, I would look at the nursing home itself. How do the Medicare ratings look? Second, I think you research the deficiencies you are concerned about. Then I would talk to the resident about the concerns, if possible. You can ask to review the medical chart if you are authorized to do so. You can also ask for a meeting with the nursing home to let them know there are concerns. Finally, you can call the state authorities.

Which of these makes...
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Q: My father was injured in a nursing home. Can I ask them for his medical records?

2 Answers | Asked in Nursing Home Abuse for Illinois on
Answered on Jan 12, 2017

It depends of if you have power of attorney. If you do, you can request a copy of his records. If your father is alert and coherent, he may request a copy of his chart. Getting copies of medical records can be helpful in determining both how an incident occurred and what type of safeguards were or should have been in place to prevent an incident from occurring. Good luck to you. Jonathan
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Q: I think my grandmother may be being abused in her nursing home. What are some common signs I should look for?

1 Answer | Asked in Nursing Home Abuse for Puerto Rico on
Answered on Jan 8, 2017

Signs of abuse: skin marks, blues, poor hygiene, malnutrition.

In Puerto Rico we have a Letter of Rights of the elderly that can be found in law 121.
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Q: Is there a case between 2005~now where nurse malpractices for practicing medicine or surgery without a license?

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Nursing Home Abuse on
Answered on Dec 29, 2016

Focus less on the license and more on whether or not there is malpractice in the person's job and if so did that clearly result in actual harm to someone. If you think it may have, contact a member of the Trial Lawyers Assn for the state you are in.
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Q: Is my father's nursing home required to have a specific number of staff?

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 19, 2016

Yes. Nursing Home Reform Act places minimum staffing levels. the staffing depends on the size of the facility. You can also look at the Medicare rankings to see how your father's nursing home compares in terms of level of staffing.
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Q: My dad started getting sores on his back and legs a couple months after being moved to an assisted living facility.

1 Answer | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 11, 2016

You would start by getting the medical records and having them reviewed by a medical expert to determine if your dad was getting proper medical and nursing care, and if the bed sores or ulcers were as a result of substandard care. Another issue will be whether your father's medical needs exceeded the level of care available in an assisted living home. It may be that you father's needs would be more properly served in a nursing home. Very generally speaking, the level of nursing care expected...
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Q: If my father died in a nursing home and I've filed a suit against the home,

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Dec 5, 2016

If you already filed the lawsuit on your own, you would send a notice to produce (request to produce documents) to the attorney representing the nursing home.
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Q: Are there limitations to the rights that nursing home residents have? Does it vary based on the individual nursing home?

2 Answers | Asked in Nursing Home Abuse for Maryland on
Answered on Dec 1, 2016

I am not sure what specific rights your question addresses. Generally speaking, a nursing home resident has the right to be provided with nursing care that meets the accepted standard of care for nursing facilities. Whether that standard of care is violated depends on the specific facts of every situation.
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Q: are nursing home employee employment histories subject to discovery in IL?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Answered on Nov 29, 2016

It depends on your claim. If the employee's acts or omissions were so egregious, the person's work history may be relevant and thus subject to discovery.
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