Archive for February, 2014

My 68 year-old mother is in a nursing home and developed horrible ulcers due to a lack of proper care. I just learned that there is no insurance and the business was subsequently sold to a company that tells me they do not have to pay compensation. Can this be?

In my last column I explained that facilities were not required to have insurance for claims. In this column, I am afraid to tell you that the facility can be sold without the liability attaching to the new owner. With the help of corporate lawyers, the assets of the facility can be transferred, but not the liabilities to enable a facility to continue to operate under a new name without having to be held accountable for negligent acts.

Unfortunately, I have seen this in my practice with some of my clients. There are some sophisticated ways to possibly uncover assets to compensate your mother so I strongly advise you to contact a lawyer. I also strongly encourage you to share your story with your Georgia or federal representative or Senator; they need to know. Maybe some day we will have laws to protect all of our loved ones who are at nursing homes or assisted living in Georgia.

The foregoing answer is not legal advise and is merely a general overview. You are advised to …

Continue reading My 68 year-old mother is in a nursing home and developed horrible ulcers due to a lack of proper care. I just learned that there is no insurance and the business was subsequently sold to a company that tells me they do not have to pay compensation. Can this be? »

My 68 year-old mother is in a nursing home and developed horrible ulcers due to a lack of proper care. I just learned that the facility is not insured. Can this be?

Believe it or not, yes. The facility does not have to be insured. You have to have car insurance in Georgia in case you cause a wreck and hurt someone, and with Obamacare you have to have health insurance in case you get sick or need to be seen by a doctor or need to get treatment at a hospital, but in Georgia, a nursing home or assisted living facility does not have to have insurance to compensate individuals who are harmed by negligent behavior.

Unfortunately, I have seen this in my practice with some of my clients. There are some sophisticated ways to possibly uncover assets to compensate your mother so I strongly advise you to contact a lawyer. I also strongly encourage you to share your story with your Georgia or federal representatives or Senator; they need to know. Maybe some day we will have laws to protect all of our loved ones who are at nursing homes or assisted living facilities in Georgia.

The foregoing answer is not legal advice and is merely a general overview. …

Continue reading My 68 year-old mother is in a nursing home and developed horrible ulcers due to a lack of proper care. I just learned that the facility is not insured. Can this be? »