Nursing Home Litigation Legal Questions

Based on what you had written, I would say that you are lucky the infection did not worsen to the point of no coming back.  Attorneys who specialize in nursing home abuse are usually the best attorneys to look for when pursuing these types of claims.  I have been involved in nursing home abuse cases since 1999.  My firm is based in South Florida, but we do handle cases throughout Florida.  There are particular issues that would be important to discuss and I would be more than happy to discuss them with you.  Florida does have specific laws that address nursing homes, seprate from other types of medical providers.  This includes a particular bill of rights, which most claims are brought under.  If you would like to discuss the more specifics of your claim, please feel free to contact me at 954-727-8285 or e-mail jcorsover@yahoo.com.  If you e-mail your telephone number, I will call you back. ... Read More

If a person is on Medicaid, they cannot be removed from a facility.  The law states that a person cannot be discharged if it would be detrimental to their health. Your mother should not have been discharged with the ulcer problem.  If you were your mother's POA, then you would have been responsible for paying her debts with her monies.   But if you did not have the POA when you signed the nursing home might try to make you the "responsible party".  Now that she has passed, the nursing home may try to place a lien against you for the balance. ... Read More

Refuse to sign anything and hire a new lawyer as a start. Typically, a settlement made by the lawyer and not endorsed by you can be challenged. You should talk to a lawyer about this immediately though to get competant legal advice before you do anything or take any action. We do offer free in office consultations to see if we can help. 813-877-6442.... Read More

Assuming you can prove everything you wrote, you may have a claim against the LPN, the home and the police.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

If the trip to the hospital cured the problem then you probably do not have a financially viable claim. Nursing home negligence cases sometimes entitle a patient to recover attorneys fees, so you may find a lawyer to take the case, but if the damages were temporary, I would question whether it is worth your while to get invovled in a protracted litigation.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney who litigates nursing home negligence claims (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

It sounds like your father received care that was below accepted standards, but I do not think on those facts alone you have a viable malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the issue of financial viable, which is the problem that you are going to have to overcome. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me.... Read More

You should contact a local nursing home negligence attorney (one in your state).  Nursing Home Negligence cases are unique because federal and state statutes are involved and there are fee shifting rules that make these cases easier to take on for attorneys who might not otherwise represent an elderly person in a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

You can have the attorney who draws up the power of attorney specifically exclude certain powers - so you can accomplish your goals here.  Just make sure the attorney understands.  One problem, however, is that if the person who needs the care lacks mental capacity, the attorney may determine that he cannot properly execute any power of attorney.  In that case, you may need to have a guardian formally appointed.  Good luck.... Read More

The nursing home cannot "take" anything.  They can require the liquidation of assets for payment for services rendered, but not until those services are incurred.  So if there are bank accounts, the contents of the accounts have to be used to pay the nursing homes bills as those bills come do.  Same this with the house.  If the house is sold, proceeds form sale should be put into an account and paid out to the nursing home as the bills form the nursing home are incurred.  Pension and social security have to be paid to the facility as "income" after all of the assets are used.  Also, personal items from the house can be given to family members.  All of this is assuming there is no spouse living in the house, because if there is a spouse, the spouse can keep assets, as well as the house.   ... Read More

I recommend contacting a firm with experience handling cases against nursing homes.  Most nursing home lawyers offer free consultations to evaluate your case and help you determine if you have a cause of action against the facility.  Please note that most states have time limitations for filing nursing home lawsuits, so it is important to contact an attorney as soon as possible. -Steve LevinLevin & PercontiToll-Free Phone: 877-374-1417www.levinperconti.com ... Read More

If your mother gets persistent bedsores, that can certainly be the result of negligent care, since she is in the skilled nursing facility to avoid these problems. Contact a local attorney who handles nursing home negligence cases. Many firms that handle medical malpractice cases will also handle nursing home negligence cases, but nursing home negligence cases are a unique specialty, so you will want to make sure the person you speak to has experience in these specific types of cases. ... Read More