Nursing Home Litigation Legal Questions

I’m very sorry to hear about the loss of your husband due to the nursing homes lack of care. This platform prohibits attorneys from soliciting poster's cases, but you’re welcome to research our backgrounds and privately reach out to one of us. Keep in mind that if your lawyer has not filed a lawsuit, then you have a certain time limit to do that or else you will be forever barred from seeking relief in the court system.   ... Read Answer

Consult a wrongful death attorney to determine the statute of limitations for filing a claim. Additionally, check with the attorney regarding legal standing under your state's wrongful death laws. In most cases, standing is limited to immediate family members, such as spouses and children, while siblings typically do not qualify to bring a claim.  ... Read Answer

I am very sorry to hear about this unfortunate tragedy. You need to retain counsel to investigate all the facts. In addition to a criminal case, there may be a civil suit that you could bring on behalf of your grandchild ,as guardian ad litem, to recover damages that your grandchild suffered as a result of a third-party's negligence or intentional conduct. Keep in mind that there is a statute of limitations on when a lawsuit for sexual abuse of a minor needs to be brought. If it is not brought within the time period, then it is barred forever. Retain counsel here in the state of Florida on contingency fee, which means you don't pay anything unless you win the case.... Read Answer

You potentially can hire an attorney on her behalf.  It may depend on your mother's mental state and if she can consent.  If she cannot cosent you may have to open up a guardianship to bring the claim.  Opeing up a guardianship or purpose of a lawsuit is not difficult unless other family members may disagree.  ... Read Answer

You (or whomever is legal representative of your mother's estate) most likely has a wrongful death case, as long as death occured less than two years ago- that is the statute of limitations for wrongful death. The statute of limitations for negligence/personal injury is three years, so it's possible to start a case even if she died more than two years ago as long as it's less than three. The value of the case would depend on the particular circumstances of the case, and your mother's age at the time of her death. If you have not already done so, you must file a petition to be appointed executor (if there was a will) or administrator (if no will) of your mother's estate before filing a lawsuit. You cannot commence an action on behalf of a deceased individual unless you have been appointed executor or administrator. ... Read Answer

Is there a court order requiring your mother to stay in a nursing home?  I suppose a court order could provide for that but I've not seen that.  If there is, in fact, such a court order, then the answer to your question is "no", your power of attorney does not "trump" the court order.  However, you POA may give you the abiltiy to seek a modification of the order.  I would also wonder whether a guardian has been appointed for your mother.  If so, your power of attorney would not be valid against the decisions of the guardian.  Guardianship matters are very complex and I recommend that you seek the specific advice of an attorney.... Read Answer

  Proving nursing home abuse is happening can be difficult. Some elderly patients suffer from dementia and hallucinations, and this can be used to discount their claims. If you suspect a loved one is being mistreated in a nursing home, the first step is to visit them often. Signs of abuse include bedsores, broken bones, burns, and unexplained bruises or bleeding.   If the abuse is dangerous or threatening, you should contact the police by calling 911. To report elder abuse to the proper state authorities visit the National Center on Elder Abuse website. There are several agencies in Connecticut that handle nursing home negligence complaints. If you believe the abuse has caused physical injury to your elderly loved one, you should speak with an attorney.   If you would like more information on the matter visit our nursing home litigation page. D’Amico, Griffin & Pettinicchi, LLC 465 Straits Turnpike Watertown CT, 06795   Phone: (860) 945-6600... Read Answer

Yes, it may well be a valid case of nursing home neglect or medical malpractice. For a lawyer to give a definite opinion of whether it is a case worth pursuing in court, he or she would need to see all the records. It will not cost you anything to see what a lawyer thinks about the claim. We will look at it without any money upfront. You should seek out a good attorney who focuses their practice in personal injury. ... Read Answer

My sincere sympathy on the loss of your mother, particularly under such troubling circumstances.  Nursing home negligence does occur often, but to determine if there is a claim for lack of care your mother suffered will require a review of her nursing home records and the hospital records.  We have successfully handled many of these cases in Colorado and would be happy to help you.  Chris Koupal is the partner in the firm who specializes in these types of case and I recommend that you contact him  by calling 1-800-221-5526.  Please keep in mind that there are time limitations so you should act promptly.... Read Answer

Its impossible to tell from the facts because spinal stenosis is not a cause for a vertebral fracture and there does not seem to be catastrophic damage. You need to get the medical records and have them reviewed ASAP to see why the fracture occured and what the actual issues and treatment were. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read Answer