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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My mother was released from a nursing home out me being

Customer Question

My mother was released from a nursing home out me being present, my mother passed away, can I make a case. Asking for phone records because they stated they called and did not.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: yes I filed the report with them
JA: Anything else you want the lawyer to know before I connect you?
Customer: that a Mr. Tou and a ***** ***** keeps stating they can't get their phone records to prove if they in
Submitted: 12 months ago.
Category: Legal
Expert:  FamilyAttorney replied 12 months ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

If I’m back not here right away, I’m typing my answer. Thanks!

How soon after the nursing home released her did she pass away? I'm so sorry!!

Expert:  FamilyAttorney replied 12 months ago.

This could be a wrongful termination, wrongful death suit and yes you can make a case for this. They didn't follow proper procedure and they didn't notify you or discuss the situation with you. They can't just discharge a patient from a nursing home!

Nursing homes are generally prohibited from moving residents. They can transfer or discharge residents from the home only for certain reasons and, even then, only when they follow specified procedures. In order to lawfully transfer or discharge a resident, the home must be able to prove that it complied with all the procedural requirements and that the transfer or discharge is for one of the few allowable reasons.

There are several reasons why a nursing home may try to evict a resident. From a nursing home’s perspective, the ideal resident does not require expensive care, places few demands on staff, and pays the home at the "private pay" rate. Because Medicaid and Medicare typically pay much lower rates than homes receive from their private pay clients, facilities may try to limit the size of their Medicaid-covered populations. Residents judged by the home to be "difficult" may become a target for eviction or transfer--often to a less appealing nursing home or to a psychiatric hospital. The home may claim that, regardless of the patient’s medical needs or desire to stay in the facility, Medicare-covered or "respite" admissions are time-limited (cutoff points of 20 or 90 days are often cited).

Any of these "reasons" could be in their mind -- we don't know what they were thinking.

However, they have to follow procedural rules.

For a nursing home resident, few events are as traumatic as an involuntary transfer or discharge. At best, ***** ***** are stressful and disruptive. At worst, "transfer trauma" will leave a frail elderly person frightened, disoriented, and isolated from friends and families, causing irreparable psychological and physical harm. Medical studies indicate that the rate of death is 5 to 9 times higher for residents who transfer.

Expert:  FamilyAttorney replied 12 months ago.

Usually, a nursing facility must give you, your guardian, conservator or legally liable relative a written notice, at least 30 days, and no more than 60 days, before a transfer or discharge from one facility to another. A shorter notice is allowed in emergency situations or for residents recently admitted. The nursing home must comply with all of the following notice requirements even if the home claims that the resident "consented" to the transfer or discharge. This is necessary to ensure that residents are made aware of their rights and the opportunity to appeal.

If the written notice is missing any of the following information, the discharge or transfer would be unlawful. The notice must include:

* The reason for transfer or discharge.

* The date of the proposed transfer or discharge.

* The location to which the nursing facility proposes to transfer or discharge you.

* Your right to a hearing to contest the transfer or discharge.

The procedures you must follow to request a hearing.

* The date by which you must request a hearing in order to prevent the transfer or discharge from occurring before the hearing is held. The date given must be at least twenty days from your receipt of the notice from the facility.

* Your right to represent yourself or have legal counsel, a relative, friend or other person represent you at the hearing.

* If you are being transferred to a hospital, information regarding holding your bed and readmission to the facility.

* The name, mailing address and telephone number of Long-term Care Ombudsman.

* If a resident is mentally ill or developmentally disabled, the notice must give the contact information for the Office of Protection and Advocacy.

A resident cannot be discharged unless the nursing home develops a written discharge plan.

They did everything wrong here, from what you are telling me. You do have a case against the nursing home. I can find attorneys for you in your area if you let me know what large city is near you. I want to help you and I'm happy to help.

Customer: replied 12 months ago.
I really can't do anything at this time but I will tell you my mom passed away at the nursing home and I didn't get a call. The funeral home called me the next day to tell me my mom had passed I am sorry to have wasted your time but the webpage said free.
Expert:  FamilyAttorney replied 12 months ago.

Okay that's okay. I hope this helps you anyway. Good luck!

Customer: replied 12 months ago.
Wilmington, N C
Expert:  FamilyAttorney replied 12 months ago.

I'd like to clarify this here -- I gave you the answers and I can find lawyers but are you able to pay for the service here? We are freelancers, independent contractors and we don't get paid by Just Answer. We are dependent on the ratings of customers like you to be paid here. If you can pay for this, I will help you. If you can't, I have to follow the rules and wait till you are able to pay. I'm sorry but I want to stay here and I do have to follow the rules which I'm sure you understand. Please just let me know what you'd like to do. Thanks!

Customer: replied 12 months ago.
I will have to wait another week for the reading of the will and get back to you thank you
Expert:  FamilyAttorney replied 12 months ago.

You're most welcome. You can come right back into this room. Just ask for me, NYFamilyAttorney and the question will go to me. I do want to help you and I hope I have helped you with these answers so far.

I'm so sorry about your mother. I think it's disgraceful what they did! Be well and hope to hear from you next week.

Customer: replied 12 months ago.
You will
Expert:  FamilyAttorney replied 12 months ago.

Just be well and do what you have to do first. Take care of yourself and make sure you're doing what you need to do for the estate.