Get free answers to your Nursing Home Abuse legal questions from lawyers in your area.
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 
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).... View More
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
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
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
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... View More
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
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
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
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
I helped a neighbor whom I was caregiving sell her home for $165,000, though she initially asked for $90,000. She agreed to list it at $165,000, and when it sold, she told me she would keep my commission from the sale in her account for safekeeping. I agreed and used her credit card with permission... View More
answered on Apr 15, 2025
Under California law, elderly fraud charges, particularly under § 368 (crimes against elders and dependent adults), can arise when someone in a position of trust, such as a caregiver, is accused of theft, embezzlement, or fraud involving an elder’s property, especially if the victim is over 65... View More
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
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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
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?
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,... View More
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?
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
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
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
category of medical malpractice
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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
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?
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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.... View More
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
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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
Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?
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answered on Jan 1, 2024
In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More
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answered on Dec 22, 2023
If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.
It's advisable to seek legal advice from... View More
Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:
address 'should be' reducted to City and State.
'Should' means recommendation, not mandatory requirement?
Can filing be rejected if initial filing has full address?
I... View More
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answered on Dec 19, 2023
In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More
I am involved in a small claims case with a former tenant, scheduled around May 5th. I did not refund her deposit because she caused several damages and violated the rental agreement, such as having unauthorized guests and pets, despite my multiple requests to stop. The rental agreement mentions... View More
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answered on Apr 10, 2025
If you believe your health condition will interfere with your ability to represent yourself effectively, it’s reasonable to request a delay in the proceedings. Since your doctor has already provided a letter to the court, you’ve taken an important step toward protecting your ability to... View More
I'm having difficulty finding an attorney to take on my case regarding the negligence and delayed care my dad experienced at a nursing home in California. He was not given antibiotics for a UTI, resulting in septic shock and ICU admission, causing organ damage. The California Department of... View More
answered on Apr 8, 2025
The law does not allow you to represent your father without an attorney.
Also, these cases are so difficult and expensive (the initial filing fees are only a tiny fraction of the costs-and those can be waived under certain guidelines) that without an attorney and funds to proceed, it will... View More
I live in California, and my brother is in a nursing home. I have legal authorization to make decisions on his behalf. I want to install a nanny cam in his room due to several incidents of neglect. The facility refuses, saying the nurses don't like being recorded. I believe it is legal to have... View More
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answered on Mar 27, 2025
I understand you're concerned about your brother's care in a nursing home and want to install a camera to monitor his situation. This is a sensitive matter that involves both legal considerations and facility policies.
In California, you generally have the right to install a... View More
I work in assisted living facility and my boss has history of telling employees to give certain residents alcohol but they all are on heavy medication like is that illegal at all
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answered on Feb 7, 2025
This is a serious situation that raises important concerns about resident safety and medical care. Giving alcohol to residents who are taking heavy medications can be extremely dangerous and potentially illegal, depending on specific circumstances.
From a medical perspective, mixing alcohol... View More
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