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I am the legal Guardian for my brother who resides in a nursing home. I need to be taken seriously, not ignored when I try to get the proper care for him, adequate nutrition, medication decisions and much more. I am basically treated with disdain when I try to talk to the managing nurses and administrator. I have a complaint with the state licensing and regulatory board. BUT, I need a legal wake up for them now. I am very concerned about my brother and I want to file something to bring them before a judge immediately. What are my options?
Response: I am sorry to hear about the treatment of your brother. You would need to retain the services of a local Attorney who handles nursing home and health care law to send a demand letter to the facility threatening to file a lawsuit against the facility for negligence and improper care of your brother if they continue to ignore your concerns. The Attorney must be ready to follow-up with his/her threat. You can use the following sites to find local Attorneys that handle nursing home and health care issues:
In the meantime, you need to follow-up with your complaint with the state's licensing and regulatory board on the status of their investigation into your complaint.
I am not interested in filing a suit at this time. I want them to have to acknowledge their legal obligation to listen to my opinion and that I have a legal say in all matters concerning my brother. Is it possible to get their attention quickly? Response 1: By getting an Attorney to send a demand letter, just like I suggested previously. Is there a way to get them before a judge for endangerment now? Response 2: That's what a lawsuit is, unfortunately. When you file complaint against someone in Court, it is a lawsuit. There is no way around it. If you want to get the facility before the Judge now for endangerment, you would need to file a lawsuit against the facility. Let me know if you need additional information.
I am sorry for the delay in getting back to you. I was assisting another site user when you asked your follow-up questions.