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. You are advised to consult a lawyer to address your specific situation. For more information about Stephen D. Apolinsky and the Law Firm of Apolinsky & Associates, LLC, visit our website at: or write Steve at

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