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Nursing Home Abuse Questions & Answers
1 Answer | Asked in Medical Malpractice and Nursing Home Abuse on
Q: my mother in nuring home in bluefield wv she was taken to hospital in princeton wv treated had foot injury did not know

was not told of foot injury untill hospital told me

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

I'm sorry for your mother's ordeal. If she is in West Virginia, you could repost and add that as a geographic category. Some questions go unanswered, but you might have better chances of a response there. Good luck

1 Answer | Asked in Nursing Home Abuse for New York on
Q: my dad was in a nusing home and died during the 2020 of covid he never was sent to a hospital
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2024

I'm so sorry for your loss. Nursing home residents suffered tremendously during the Covid pandemic. Unfortunately, Albany passed legislation (the Emergency or Disaster Treatment Protection Act) granting nursing homes immunity for negligence during the pandemic. It was partially rolled back... View More

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay "open?"

If substitute counsel cannot be found how does one proceed "pro se?"

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 19, 2023

The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried.

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Peter J. Weinman
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answered on Aug 17, 2023

The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over

My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Nursing Home Abuse for Florida on
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed

In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?

No cameras or bracelets

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 29, 2023

Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Can a patient in a nursing home be forced to another room, from a fairly quiet double to an extremely nosily quad room?
T. Augustus Claus
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answered on Jun 27, 2023

A patient cannot be forced to move from a quiet double room to a noisy quad room against their will. Nursing home residents have certain rights, including the right to privacy and a reasonable accommodation of their needs. However, there may be specific circumstances or exceptions where room... View More

4 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More

Randall R. Walton
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answered on May 23, 2023

I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More

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1 Answer | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for California on
Q: can you predict what the outcome will be in Webster vs Haskins 9th cir.app.ct. case no 22-15545 ?
Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

You appear to be asking a question about a pending case. The people responding to the questions on this website are usually attorneys, not soothsayers. So far we cannot predict the future, we can only give reasonable alternatives once we are provided with all the information. Just citing the case... View More

1 Answer | Asked in Criminal Law, Nursing Home Abuse and Domestic Violence for Kentucky on
Q: Will a pending assault charge prohibit me from being granted a nursing license?
Timothy Denison
Timothy Denison
answered on Apr 5, 2023

Possibly. You need to get that charge dismissed if at all possible.

1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Florida Civ. Proc. Question

I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 4, 2023

It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would... View More

1 Answer | Asked in Medical Malpractice and Nursing Home Abuse for Illinois on
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found

Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Illinois on
Q: I'm suing a nursing home for negligence and a hospital for negligence and wrongful death as in malpractice .

Because they were both at fault, do I have to sue them in the same case or separate cases

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... View More

1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well

Pamela J. Fero
Pamela J. Fero
answered on Jan 20, 2023

If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... View More

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