Nursing Home Abuse Q&A by State

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Nursing Home Abuse Questions & Answers
1 Answer | Asked in Nursing Home Abuse on
Q: I swore at a resident and got suspended. Can i get fired.
Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

This is an employment law matter. You could repost in that section. Good luck

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... Read more »

Michael C. Smith
Michael C. Smith answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

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 Personal Injury and Nursing Home Abuse for Alabama on
Q: Can a nursing home be held accountable for neglect?

My loved one is physically and mentally challenged and unable to speak and has a peg tube. He has been hospitalized and sent to the ER several times for different reasons ( infections, dehydration, peg tube dislodgment, peg tube misplacement). There was even a time I’ve gone to visit and noticed... Read more »

J. Brent Burney
J. Brent Burney answered on Sep 20, 2019

Yes, they can, and should, be held liable for negligent acts that cause harm to the resident. These claims fall under the Medical Liability Act in Alabama. If the nursing home and its staff breaches the standard of care, and the resident suffers harm as a result of the breach then you could have... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »

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... Read more »

Madeline Houston
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
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
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
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... Read more »

Daniel P Leavitt
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
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

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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
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
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... 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
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
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
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
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... 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
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
Angelina Bradley answered on Aug 27, 2018

I advise you reach out to 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.

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