QUESTION
I want to know if I have a negligence case
Asked on Jul 10th, 2013 on Nursing Home Litigation - New Jersey
More details to this question:
A nursing home basically kicked my mother out due to non payment, when she was dropped off at my house she was ghost white and cold. I took her to the hospital where she almost died due to a bleeding ulcar and other complications due to it. My mother has since passed and they are sueing me for non payment but I was not the POA but made me sign the paper at admission or they would not take her and they said that I HAD to sign but it was just a formality
1 ANSWER
2 Awards
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.
Answered on Jul 22nd, 2013 at 4:30 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship