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...Read more »
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.
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...Read more »
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...Read more »
Typically, those two terms are used interchangeably and indicate medical and nursing care that fall below the accepted standards of care due to carelessness and lack of attention by the professional nursing home staff.
Typically, where there exists basic substandard nursing and medical care at a nursing home that causes injury to a resident, the remedy is obtained through a civil case, as opposed to a criminal case. One of the reasons for this is that it is unlikely that the nursing home intentionally hurt your...Read more »
I am not sure I understand the question. Of course, a dead person cannot sign a document, and any suggestion by a nursing home that someone has signed a document after dying raises issues, such as the potential of fraud. More generally, the enforceability of arbitration clauses is determined...Read more »
I am sorry to give you a stereotypical lawyer answer, but whether or not your husband has a claim for injuries against the rehab facility depends on many details. I assume that it was the second fall that caused the injuries that sent your husband to ICU. In order to bring a valid claim, it...Read more »
It sounds like you are asking if the lack of an autopsy in Maryland eliminates a potential claim for nursing home negligence in a survival action (for your mother's pain and diminished quality of life due to the alleged abuse) and/or wrongful death action that you could potentially bring if your...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.