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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »
Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023
I'm sorry for your loss and the circumstances surrounding it. If you believe that the in-home hospice agency failed to provide appropriate care and caused harm to your mother, you may be able to take legal action against them.
One possible course of action is to file a medical... Read more »
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... Read more »
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... Read more »
answered on Mar 4, 2023
Typically, if the child is an adult, the adult child himself/herself should have appeared as a plaintiff.
Typically, the biggest damages awarded in a wrongful death case are loss of consortium and loss of inheritance.
Loss of consortium is another way of saying the companionship and... Read more »
With a 6 figure settlement awarded to the wife of the deceased, yet the deceased first blood son was never included in the awarded settlement.
Zero information was given to the child.. In fact, until recently and with the new technology of AI was any of this even apparent as this child has... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
In California, a wrongful death lawsuit can be filed by the surviving spouse, children, or other designated heirs of the deceased. If the deceased had multiple children, it is generally the responsibility of the plaintiff (the person filing the lawsuit) to identify and include all eligible heirs in... Read more »
This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations.
If you filed a complaint... Read more »
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
In California, there is no specific timeframe for accepting a civil monetary settlement once it has been agreed to by the defendant and accepted by the plaintiff. However, it is generally recommended that the parties agree to a specific timeframe for payment and include it in the settlement... Read more »
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
If you made a demand, and the defendant agreed to it, you don't get to decide whether you will live up to your demand. Unless your offer expired, or the defendant tried to impose new and different conditions, the contract has been made.
After you made the offer, and the defendant... Read more »
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
More info is needed.
it is a question your lawyer could address.
when I make a settlement, I often say, "my client will accept the offer, if he receives the money in the next 10 days".
otherwise, insurance co's continue to stall and delay at every opportunity.... Read more »
This just happened on Thanksgiving Day and I need urgent help. They are Anxiously trying to cremate my mother's body and are awaiting a death certificate from Placer County to proceed, even without a Funeral Service!!!
There are so many red flags in this case, and this all developed... Read more »
answered on Dec 8, 2022
Attorneys do not bring people to justice for murder, unless they are district attorneys. You need to bring your concerns to the police or sheriff's department in the jurisdiction where the suspicious conduct occurred. A proper investigation can be done, if warranted.
In addition,... Read more »
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
answered on Dec 5, 2022
If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
answered on Dec 5, 2022
Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »
can i get some help
answered on Aug 13, 2022
I am not sure what the issue is.
However, I would encourage you to write out a detailed summary of all the facts before you meet with a lawyer.
Since most lawyers would only handle a case like this on an hourly, it makes sense to cut down on the lawyer's time.
The... Read more »
I am trying to sue the 4 police departments who are responsible for the death of my registered domestic partner. The investigation is still ongoing, 9 months later, and even the cause of death still saying pending on his death certificate. But I am on a time limit for filing these lawsuits so I... Read more »
answered on Jul 13, 2022
You are under strict time limits to file a lawsuit for wrongful death, loss of consortium, etc. You are required to give formal, written notice of a claim within 6 MONTHS from the date of the occurrence when it involves a public/government entity. There are certain exceptions for late filing of... Read more »
Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... Read more »
answered on Apr 6, 2023
i think this is the question i just spent an hour discussing with you.
one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.
most of the lawyers I know will not take a med mal worth... Read more »
I have knowledge of the owner and all the workers involved.im tired of these losers I want my car back n they must pay
answered on Jan 4, 2023
Call the police. Sounds like you've been the victim of a crime.
Hospital never contacted me for the approval of my mother's surgery they took her in without notifying
answered on Dec 7, 2022
A LAWYER WOULD HAVE TO KNOW ALL THE FACTS TO ANSWER THIS QUESTION.
DID YOU HAVE A POWER OF ATTORNEY THAT WAS SHARED WITH ALL?
I was pregnant when I went to the emergency department for lower abdominal pain. The doctor and OBGYN diagnosed the pregnancy as ectopic and treated for it the same day. Two weeks later I returned to the hospital to find out that they misdiagnosed me, the fetus was in my uterus and they gave me a... Read more »
answered on Nov 4, 2022
You need a medical malpractice lawyer. Go to the top of this page and click on Find a Lawyer. Enter Medical Malpractice and Sacramento in the drop down menu. Call a few med-mal lawyers and pick the one you are most comfortable with. Good luck. Patrick Steinfeld
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.
