Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My father is 71 and he is listed on Maegan' list he also…

Customer Question
My father is 71 and...
My father is 71 and he is listed on Maegan' list he also did 12 years in jail for his crime so anyway in 2011 my dad was released from prison 3months after he suffered a severe stroke he can't move or talk and has been this way since May of 2011 and he also lives in a nursing home....yesterday evening a popular news reporter broke a story about sex offenders who live in nursing homes this reporter showed my father's face and the nursing home that he is located in is there anything that I can do about this legally because I feel that he has now put my father in danger, danger that he get mistreated and not cared for properly now that this news has been brought to light I also feel that if someone wanted to walk into that nursing home to take justice into the own hands now my father is subject to that and he can't even defend himself
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
2/11/2016
Lawyer: Dwayne B., Attorney replied 2 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Before we get any further into your situation, I need to make sure that you understand how the website and rating system works.

Many times in situations like yours the law is not in favor of the aggrieved. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.

On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.

I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.

With that understanding, do you want me to discuss this in more detail with you?

Ask Your Own Legal Question
Customer reply replied 2 years ago
I understand and I thank you
Lawyer: Dwayne B., Attorney replied 2 years ago

All right.

I do need you to explain to me what exactly you want to do. That will enable me to assess your chances. It may take just a little back and forth to get the specifics but it shouldn't take too long.

Ask Your Own Legal Question
Customer reply replied 2 years ago
I'm not really sure what my options are to be honest I'm just very up set because they put my father in a situation where his life may be in danger and when we tried to speak with this reporter he did not care what so ever he didn't even take the time to do true research because then he would have know that my dad is pretty much in a vegetable state and is no harm to anyone
Customer reply replied 2 years ago
That is one of my questions do I have any options is there anything I can do
Lawyer: Dwayne B., Attorney replied 2 years ago

I am going to assume what you are asking is if you can sue the news station or the reporter. If that's not it or if you have additional questions just let me know.

Unfortunately, so long as the reporter and the news station didn't outright lie then they are protected from any lawsuit by a variety of laws so if you sued them then the lawsuit would, at some point, be dismissed and it is even possible you could be held liable for attorney's fees for the other side.

Ask Your Own Legal Question
Customer reply replied 2 years ago
What about hipa is he not protected by being treated by the nursing home
Lawyer: Dwayne B., Attorney replied 2 years ago

A reporter and the news sources aren't a "covered entity" under HIPAA and therefore the law doesn't apply to them. If the nursing home released the fact that your Dad was there then they would violate it since all medical providers are "covered entities".

Ask Your Own Legal Question
Customer reply replied 2 years ago
Ok so there's nothing that can be don't we can't press charges nothing
Customer reply replied 2 years ago
They are free of any repercussions
Lawyer: Dwayne B., Attorney replied 2 years ago

So long as they didn't lie, yes. Your father's name and the charge/conviction, unless the crime was pardoned or expunged, would be public record and so there is nothing illegal about them providing that. As I mentioned, HIPAA only applies to "covered entities" so there is nothing in that law which would help. If they didn't tell the truth then there is a slander or libel case possible but other than that there really are no repercussions for them reporting as you have described, unfortunately.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Even by them suggesting that he my hurt someone in the nursing home
Lawyer: Dwayne B., Attorney replied 2 years ago

It depends on exactly what they said and the context of the entire article/report. It is almost impossible to hold a newspaper or reporter responsible unless it is an outright lie as to a fact. It an't be an opinion or conjecture about what could happen in the future.

Ask Your Own Legal Question
Customer reply replied 2 years ago
I don't understand
Lawyer: Dwayne B., Attorney replied 2 years ago

In other words, if they say that a person convicted of child abuse could be a danger to other people in the future who are in a helpless situation then it is just conjecture. If they say, instead, we have seen ***** ***** walking the hallways of the nursing home and going into other rooms unsupervised and that represents a danger then that would be a lie about a fact because your father couldn't have been walking the hallways and going into rooms since he isn't physically able to do so.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Ok I get it well thank you
Lawyer: Dwayne B., Attorney replied 2 years ago

You're very welcome. I wish I had better news for you but unfortunately the news organizations are very good at staying within the boundaries of what they're able to get away with.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I would like to know if Texas Parole p. They are getting
They are getting people through a fund in Austin which they are following previously concocted sex offenders that are not high risk. There are also numerous videos which those hired people are placing surveillance video and still pictures to obtain evidence returning them to TDCJ using this illegally obtained in parole hearings. They go outside of the sex offenders house and obtain videos and pictures. The chase and follow the sex offender down interstate and highways. Then go to people at the sex offenders employment telling the employer about his crimes whether truthful or not. Thereby tainting for the forseeable future the any credibility the sex offender may have had with his employer. There are video tapes, statement can ve obtained and hundreds of license plate numbers obtained. MaCarrhyism … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
Can a registered level 1 sex offender enter Thailand with a
Can a registered level 1 sex offender enter Thailand with a passport and not be denied entrance to the country.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Question about sex offender registration, georgia, don't
question about sex offender registration JA: What state are you in? It matters because laws vary by location. Customer: georgia JA: Has anything been filed or reported? Customer: don't understand ques… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My wife was told that there was a sex offender staying at
My wife was told that there was a sex offender staying at the same rv park as us, no names were mentioned, just that he rides a bike.. we'll we have our two daughters with us so being concerned she as… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
My brother is a registered sex offender in Oklahoma. He is
My brother is a registered sex offender in Oklahoma. He is also a stroke patient. No nursing home facilities will take him. I pay his bills but I am not nor will be his legal gaurdian. What options do… read more
Dwayne B.
Dwayne B.
Attorney
Juris Doctor
34,389 satisfied customers
My sister has power of attorney for our father and she will
My sister has power of attorney for our father and she will not allow me to know anything about his health or allow me to take him out of the nursing home for the day. I would lke to file for joint gu… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father is a level one sex offender. He spent about 5 years
My father is a level one sex offender. He spent about 5 years in prison for child rape of my little sister. He is now on facebook with over 100 "friends". My question is: Can I warn/inform his faceboo… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I want to know what rights a sex offender has can they move
I want to know what rights a sex offender has can they move back to there house if there is a step child in the house and there is a elementary school a few blocks away if they work in a public store … read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I moved in with my mother 2 years ago to care for her. Five
I moved in with my mother 2 years ago to care for her. Five months ago she had a slight stroke or seizure and after a week in the hospital she was sent to nursing home for recuperation. On the day she… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hello, my question is about sexual offenders. My brother, when
Hello, my question is about sexual offenders. My brother, when he was 19 (now almost 30), was convicted of being a sexual offender (in MN) because he was dating a 15 or 16 year old girl. The parents d… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
has the law in ky. been passed to list juvenile sex offenders
has the law in ky. been passed to list juvenile sex offenders we have a child that will greatly be in danger if her mother marries this juvenile sex offender and what legal action can be done.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can I lose custody of my children if I marry a registered sex
Can I lose custody of my children if I marry a registered sex offender in the state of Texas? Each of my children have a different father but one of the children has a court appointed "friend of the c… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
8 mths ago a 26 y o man moved from St Louis, MO, into a condo
8 mths ago a 26 y o man moved from St Louis, MO, into a condo next door to me. I have a 19 y o daughter, who looks 15 y o and still is offered a child"s menu at restaurants. The 26 yo man grew up in T… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My son was convicted of third degree sexual assult, had to
My son was convicted of third degree sexual assult, had to pay for an abortion, which they never proved it was his. is now condidered a sex offender. We live in a northern WI county, where they more o… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Need advice on how to get a level 2 sex offender into a NYS
Need advice on how to get a level 2 sex offender into a NYS nursing home. I was told that the only place they could get him in is in Ohio. Is this legal?… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
the cops came into my house to arrest my father who is a sex
the cops came into my house to arrest my father who is a sex offender. he had not register his new address. When my mom ask for the search warrent he did not provide it. He then pushed her against the… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
Why is it so important that we be able to separate fact ...
Why is it so important that we be able to separate fact from fiction when attempting to develop criminal justice policy, discuss at least two examples of criminal justice policy that could benefit fro… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Do homeowners have the right to fight rental owners from ...
Do homeowners have the right to fight rental owners from renting to sex offenders in their neighbor hood? We have 15 convicted sex offenders in our block. All are convicted of having lewed acts agains… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x