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Nursing Home Abuse Questions & Answers
1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Hello, my mother who has been in some type of ALS has had a stroke supposedly over night and was discovered in her curr

She had had several strokes over a time period but the point of contact wasn’t told until this last one. The lady who owns the place has not even had a doctor come at all to assess her situation. I find this reprehensible!!

Michael Brevda
Michael Brevda
answered on Nov 1, 2021

I am sorry to hear about Mom. The ALF Residents' Rights provide that every Florida ALF resident has a right to live in a safe and decent living environment, free from abuse and neglect. It sounds like Mom's care was questionable, so you should absolutely investigate. Contact a Florida... View More

1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... View More

1 Answer | Asked in Nursing Home Abuse for Georgia on
Q: What percentage of the compensation will the team of lawyers receive in a nursing home wrongful death case?
Joshua Schiffer
Joshua Schiffer
answered on Aug 17, 2021

Depends on the retainer. Industry averages are 1/3 to 50/50 depending on how it is all structured. Generally the Plaintiff owes nothing if there is no recovery.

1 Answer | Asked in Nursing Home Abuse for North Carolina on
Q: If I have power of attorney over my mom can I sue the nursing home for medicine malpracice

In the state of North Carolina

Michael Brevda
Michael Brevda
answered on Mar 11, 2021

This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by... View More

1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
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Ben Corcoran
answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Hello, How do I find the information about the civil lawsuit that was filed last week?
Michael Brevda
Michael Brevda
answered on Feb 18, 2021

You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.

1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... View More

1 Answer | Asked in Nursing Home Abuse for Maine on
Q: If abuse and negligence contributed to death in a nursing home, how many years does one have to go back and sue?

I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state.

Michael Brevda
Michael Brevda
answered on Feb 2, 2021

Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing... View More

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Maryland on
Q: I was involuntarily discharged skilled nursing. While I was getting emergency care

They are refusing to send paperwork to another so I can go to another

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2021

I'm sorry this happened to you. A Maryland attorney could advise best, but your question remains open for a number of weeks. As a GENERAL matter nationwide, patient discharges are often one-sided decisions. The patient may have certain recourses such as appealing or working with a... View More

1 Answer | Asked in Probate and Nursing Home Abuse for California on
Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?

Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.

Nina Whitehurst
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answered on Jan 13, 2021

The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... View More

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for South Dakota on
Q: Do I have Grounds to sue

So I went to the nursing home where my grandma was staying cause my mom got a call from the hospital saying my grandma was in the hospital and she needed her c-pap machine so I drove to Mitchell SD and got to firesteel and they told me they couldn't find it that her room was empty and that... View More

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2020

A South Dakota attorney could answer best, but your question remains open for two weeks. Some things aren't fully clear from the description, but the bottom line seems to be that you had a real ordeal and runaround in trying to arrange an oxygen machine for your grandmother, and to compound... View More

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Nursing Home Abuse for Georgia on
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her

Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2020

A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult.... View More

1 Answer | Asked in Nursing Home Abuse for Tennessee on
Q: So my mom died in nursing and she was assigned a conservator in chancery court a yr ago so dose the coservert stop as of
Anthony M. Avery
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answered on Nov 30, 2020

No. The conservator usually has to file a final accounting with the Court with a Suggestion of Death. You might file a Suggestion with the Death Certificate copy yourself.

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

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1 Answer | Asked in Appeals / Appellate Law and Nursing Home Abuse for New York on
Q: WHAT CAN YOU DO IF YOU ARE ILEGALY CONFINED IN A NURSING HOME AND ONLY HAVE A MENTAL HYGEINE LEGAL SERVICE LAWYER
Tim Akpinar
Tim Akpinar
answered on Nov 15, 2020

It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability, Elder Law and Nursing Home Abuse for Nevada on
Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,

Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment?

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2020

A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability...... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda
answered on Oct 23, 2020

You should obtain your brother's medical records, death certificate and consult with an elder abuse attorney in your state. Sorry for your loss.

1 Answer | Asked in Nursing Home Abuse for Texas on
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do

I am his next of kin, we were allowed to say our goodbyes without this knowledge

Michael Brevda
Michael Brevda
answered on Oct 23, 2020

I am so sorry to hear that your brother passed due to potential nursing home negligence. You should consult with a local nursing home abuse attorney to investigate what happened. In nursing home infection cases, the liability usually arises out of a facility's failure to react to a symptomatic... View More

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... View More

Kyle Anderson
Kyle Anderson
answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... View More

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