Archive for April, 2014

My mother is in a nursing home and the staff is rude to her, they don’t change her clothes regularly and her nails and hair are not kept up. Can I sue the nursing home to make them treat my mother better?

I would not recommend filing a lawsuit based on the facts presented. Most claims against nursing homes are considered a professional malpractice action. This means that a professional person, e.g., a nurse, a doctor, or other medical professional, has done something that falls below the standard of care for that profession. These cases are very expensive because they require expert witnesses, depositions (many of them out of state) and other expenses that are not generally part of a standard negligence action. Therefore, an attorney must weigh the potential amount a jury might award for the damages suffered by the nursing home patient against the amount it would cost to bring the professional malpractice claim. Generally, when a nursing home patient has not suffered some catastrophic injury, such as the loss of a limb, loss of life, or significant loss of quality of life, it would not be cost-efficient to bring a professional malpractice claim because the client will spend …

Continue reading My mother is in a nursing home and the staff is rude to her, they don’t change her clothes regularly and her nails and hair are not kept up. Can I sue the nursing home to make them treat my mother better? »

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 an earlier column, http://blogs.ajc.com/ask-the-expert-legal/2014/02/18/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-th/ I explained that facilities are not required to have insurance for claims. In this column, I am afraid to tell you that a 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 prior 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 …

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? »