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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am not sure which area of law this would fall under. Please

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I am not sure which area of law this would fall under. Please help me direct it to the appropriate experts. Recently my grandmother was in a very dangerous car accident, flipping her vehicle several times and being ejected from the car. She underwent several surgeries and is currently at a rehabilitation center within a nursing home. She is unable to care for herself and is expected not to walk for at least 3 months, but she is very awake and coherent, as always. She is very concerned the staff responsible for cleaning her is not doing it properly, leaving filth behind. I apologize for the extremely graphic example, but when they change her diaper, they leave feces behind in excess and she is very afraid of getting an infection in her feminine areas. She has brought it to their attention. She told the higher-ups, and things improved for a day but then returned to the same. My grandmother pleaded yesterday to one of the women to clean her thoroughly. The woman responded, "Don't tell me what to do!"

Before my grandmother's accident, she was an employee (CNA) of the same elderly care facility and she remembers several meetings that they had regarding an excessive number of urinary tract infections in the building. Now, she feels, she knows why. Also, she is not supposed to be there to stay long term. She is there for intensive physical therapy so that she may leave. Yet, the staff is not getting her cleaned and prepared in time to make her physical therapy sessions and so she has not at this exercise in weeks! Do we have any recourse for either issue?

Thank you, kindly.
This is the type of matter that can lead to a complaint to the department of health and hospitals who oversees these nursing homes. Second, if she does contract any such infection, they can be sued for negligence and malpractice, since she can prove they were improperly cleaning her and this led to her infection. Finally, this is something that can also be considered a ground to sue them for breach of contract and seek to make them pay damages to her for her having to get someone in to clean her properly because they are refusing to do it despite being told that they are improperly performing.

You need to consider sitting with a local elder law attorney who handles these elder abuse and nursing home abuse cases, because that is what this is considered under and consider pursuing a claim against the home. To find a local attorney who handles nursing home abuse cases you can use the same site used by other attorneys, http://www.martindale.com or http://www.lexmundi.com


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Law Educator, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you!

Thank you.

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