Q: Is there ever an instance that a victim of nursing home neglect is the plaintiff themselves, because perhaps they are physically infirm, but they think with clarity and are healthy mentally? It’s not as common, but it certainly happens that people are residents of nursing homes because they have significant physical or medical conditions, […]
Nursing Home Neglect Lawsuits and Competency
Q: What if the victim of nursing home neglect is alive and there is a question about whether they are competent? There’s competency and capacity. The ethical rules say that you should talk to your client and reach them wherever they are, meaning that you need to communicate at the level that your client can […]
Who can file a lawsuit against a nursing home for neglect?
If the victim of the neglect died as a result, then the primary person who would file a nursing home neglect lawsuit is their spouse, if alive. If the spouse is not living, then commonly, the children of the neglected adult would bring the claim. If the victim of the neglect is still alive, then […]
Nursing Home Neglect Damages
One kind of damages in a nursing home neglect case are the medical and doctor bills incurred in trying to treat whatever it is that happened to that elderly person — for example, emergency room bills and subsequent hospitalization. Sadly, often the damages are for wrongful death where the spouse or children of the individual […]
Nursing Home Neglect and the Department of Quality Assurance
Q: If I make a report to the Department of Quality Assurance for nursing home neglect what happens next? What do they do? I recommend reporting nursing home neglect because the DQA has tremendous investigative powers and can be a solution to the situation. The DQA can investigate at a level ordinary people cannot. They […]
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