Have Legal Questions? Ask a Lawyer Now.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).