Nursing Home Abuse Q&A by State

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Nursing Home Abuse Questions & Answers

1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Nursing Home Abuse for New Jersey on

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 »

Madeline Houston answered on Aug 6, 2019

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 »

1 Answer | Asked in Criminal Law, Elder Law, Federal Crimes and Nursing Home Abuse for Pennsylvania on

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.

Cary B. Hall answered on Jul 2, 2019

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.

3 Answers | Asked in Employment Law, Nursing Home Abuse, Personal Injury and Sexual Harassment on

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 »

Bruce Alexander Minnick answered on May 21, 2019

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.

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1 Answer | Asked in Consumer Law, Elder Law, Nursing Home Abuse and Probate for California on

Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?

Richard Samuel Price answered on Mar 25, 2019

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.

4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on

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 »

Daniel P Leavitt answered on Jan 30, 2019

If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

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3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Nursing Home Abuse for Georgia on

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?

Homer P Jordan IV answered on Jan 4, 2019

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

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1 Answer | Asked in Estate Planning, Personal Injury, Nursing Home Abuse and Wrongful Death for Texas on

Q: My father died in the nursing home in Iowa due to my uncle's negligence

Terry Lynn Garrett answered on Dec 19, 2018

You would need to contact an Iowa attorney.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on

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 »

Jay Braddock Jackson answered on Dec 12, 2018

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 »

William John Light answered on Nov 27, 2018

You should be asking Kaiser and the care facility in Oakland these questions.

1 Answer | Asked in Nursing Home Abuse for Ohio on

Q: The nursing home is trying to blame an unassociated doctor for my grandpa's deteriorating conditions. How do I know who

to sue?

Matthew Williams answered on Nov 5, 2018

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.

1 Answer | Asked in Nursing Home Abuse for New York on

Q: If we feel the contract we signed for care is ripping us off, is this considered "abuse"?

Tim Akpinar answered on Nov 4, 2018

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

1 Answer | Asked in Nursing Home Abuse for California on

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?

Travis Kendall Siegel answered on Oct 6, 2018

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.

1 Answer | Asked in Nursing Home Abuse for California on

Q: What are nursing homes required to have in place to prevent falls?

Travis Kendall Siegel answered on Sep 21, 2018

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 »

1 Answer | Asked in Nursing Home Abuse for New York on

Q: What recourse is there if my dad got a medication overdose at his nursing home?

Tim Akpinar answered on Sep 2, 2018

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 »

1 Answer | Asked in Family Law and Nursing Home Abuse for California on

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

Angelina Bradley answered on Aug 27, 2018

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on

Q: my family member is be neglected by the angenice that is supposed to take care of him what can i do about it

Cheryl Powell answered on Aug 24, 2018

File a complaint through the administrative system. If it is a nursing home, ask at the office for complaint procedures.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Massachusetts on

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 »

Lillian J. LaRosa answered on Aug 14, 2018

This sounds like neglect and you should contact the Elder services office again to report that you have this information.

2 Answers | Asked in Nursing Home Abuse for California on

Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?

Randall R. Walton answered on Jun 5, 2018

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 »

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1 Answer | Asked in Nursing Home Abuse and Elder Law for California on

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?

Gerald Barry Dorfman answered on May 11, 2018

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on

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

Stephanie Sexauer answered on May 10, 2018

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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