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California Nursing Home Abuse Questions & Answers
1 Answer | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Probate for California on
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif

My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Contact your local Adult Protective Services office and also hire a different attorney.

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
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.

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
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 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
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
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 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
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.

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
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
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 Criminal Law and Nursing Home Abuse for California on
Q: Are these questions considered coaching?

I had concerns about one my previous caregivers and asked my mentally disabled elderly client questions. One of my questions was "Has the caregiver ever made you feel uncomfortable in the shower?". The client answered yes and said the caregiver was messing with her "down there" pointing to her... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 19, 2018

more info needed

in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves

1 Answer | Asked in Nursing Home Abuse for California on
Q: The prosecutor wants to file a criminal suit against the nursing home my great aunt was in. Can her family also file a

civil suit?

Cory Russell Weck
Cory Russell Weck answered on Nov 15, 2017

Absolutely. You should contact an experienced personal injury attorney who has experience in Elder/Nursing home abuse cases. The consultation should be for free. Good luck!

1 Answer | Asked in Nursing Home Abuse for California on
Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?
Randall R. Walton
Randall R. Walton answered on Sep 29, 2017

First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it developed,... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Nursing Home Abuse for California on
Q: Can a 17 years old be the primary on a restraining order for being physical abuse by the father?

My son has been physically abuse by the father whom got custody of him at age of 7. My son is 17 and finally disclose the abuse, he would like to get a protection order for himself. Is that possible? Could it be granted for a 17 years old? Do I, his mother can file one and put him on it ? Please... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Nursing Home Abuse for California on
Q: I already have a document giving me access to medical files for patient do I need power of attorney like facility claims

The already given me some copies without waiting 72 hours and without paying for them now that I want access to all of them they're trying to tell me I need power of attorney or they won't provide me the copies

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Ask them why if you have a hipaa form. Then contact the state body that regulates nursing homes. Contact a member of CAOC that handles nursing home issues.

1 Answer | Asked in Nursing Home Abuse for California on
Q: Am I able to file a complaint against a nursing home even if I'm not a family member of the resident?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jun 16, 2017

If you mean report the abuse, yes. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm

2 Answers | Asked in Nursing Home Abuse for California on
Q: If you suspect abuse of a relative by a nursing home do you report it to the government or contact the facility?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 26, 2017

Under most circumstances, you would do both, and also consult an attorney. There is a good overview of the subject at: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm Feel free to contact me if you need a referral to an attorney.

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1 Answer | Asked in Nursing Home Abuse for California on
Q: Do you have to report nursing home abuse to a state agency before you sue the facility?
Louis George Fazzi
Louis George Fazzi answered on May 5, 2017

Generally speaking, no. You should look for a law firm which specializes in handling nursing home abuse cases. They will give you all the appropriate advice you need. I'm sure you can get an initial consultation for free.

2 Answers | Asked in Nursing Home Abuse for California on
Q: Can a nursing home resident move out of the facility whenever they choose?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 14, 2017

I see no reason why not, unless they have been ordered otherwise. 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... Read more »

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1 Answer | Asked in Elder Law and Nursing Home Abuse for California on
Q: Can a skilled nursing facility have a patient transferred due to attitude?

I work at a skilled nursing facility there is a patient that is actively trying to get the facility shut down by making fraudulent claims to the state. Now he has started calling the nursing board and making fraudulent claims against the nurses trying to have their licences taken away. He has... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read more »

1 Answer | Asked in Nursing Home Abuse for California on
Q: If my uncle's nursing home does not consistently observe his dietary restrictions is that abuse?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read more »

1 Answer | Asked in Nursing Home Abuse for California on
Q: If I suspect mistreatment at my father's nursing home do I still have to pay the monthly charges?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read more »

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