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I am a poa of a dying 77 year old patient in a nursing home.

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I am a poa...

I am a poa of a dying 77 year old patient in a nursing home. In retaliation of having reported facility for neglect and abuse of patient ihave been harassed and bullied and slandered . On incident where an RN pushed me out of building. Rn was arrested following complaints fined with troopers. Worst still facility has sent me parameters of visitation from 11-4 which neither works for me nor benefits patient. Because facility want to ostracize me out of unit so i no longer see gross neglect of other patients they will yank dying patient out of comfort of his bed to bring him down to meeting room that on last occasion was not heated properly about 65 degrees. Cold air was spewing out of a dirty vent (took pic) To subject a dyying patient to this inhumane continued neglect is criminal. Facility additionally slandered me with fabricated lies etc

Lawyer's Assistant: Was this retaliation issue discussed with a manager or HR? Or with a lawyer?

I have communicated with Director of facility via email

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Facility is privately owned for profit

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

IMy having them reported them to Dept of Health in new york has had them cited and fined for gross neglect of patients

Submitted: 3 months ago.Category: Legal
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Answered in 6 minutes by:
3/15/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,246
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As you are PoA, you have the right to hire an attorney to represent the patient. There are attorneys that handle nursing home abuse and neglect. If they have been cited already for the neglect and abuse and violations, those citations would be the basis for you getting the lawyer to sue the home for the pain and suffering caused by those abusive conditions.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Appreciate yr advice on info submitted
Urgently need Visitation parameters reversed as time is of essence here.Patient is being denied unlimited visits by me only visitor and best friend of 50 years
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

The only way to do that is filing your suit on her behalf with an attorney representing her. The attorney can file for a temporary injunction changing the visitation restrictions.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
I like yr way of thinking
Filing temporary injunction on behalf of patient whose care-rights are grossly neglected and violated (ie transfer to room on lower floor (not heated) and away from medical assistance if his condition should deteriorate urgently)It is obviously done in retaliation of my having reported them multiple times to DOHSeparate case
I have been bullied harrassed and pushed out of building by RN who was arrested
Other two times Facility called troopers who insisted I leave building as I was not allowed
1) first time I near collapsed because of BP and trooper called 911 and was sent to ER
2) Last time feb 23 , troopers called and asked me to leave, I did not in agreement but because of my BP
3)Feb 23 last visit cold non heated meeting room trigered bronco spasms (new health issue and not psychosomatic or panic attach) am on inhaler ever since prescribed by ER
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

You need to get an attorney for her and the same attorney can actually represent you as will.

You can sue the nurse and you can sue the facility for her committing the battery on you and for the damages you were caused. So you can file two separate suits using the same attorney and pursue the home on both the negligent care and retaliation on the patient and also for the battery on you and damage you suffered.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Dear Law educator:
Sorry I dropped out of my much needed help and yr smart analytical advice
Have bronchial spasms since subjected to March 9 visit (my last) in cold un heated room for 1 hour where dying patient was wheeled to off unit where he resides so I could visit.
Facility subjects me to cruel visiting parameters worse than if I were a prisoner. I assure you my past is perfecto. That said I am subjected to bullying and escorted to and out of building and all this without a court order.
Back to cough (trigered by visit March 9 in cold roomwith dirty vent spewing cold air)
Strangely Ombudsman agreed in writing that room was indeed cold but it was an oversite on facilities part (shocking comment on her part) and that I would have to inform them much ahead of time so room could be heated.
Same situation occured last year (other cold room not heated but ombudsman intervened after the fact) and because I objected other room off elevator was chosen where patients life was jeopardized ..... long story medical equipment non calibrated was brought in after i frantically called for help. I recorded incident unbeknown to them.Facility aka director has now implanted reporting system via mail of sny concern i have followed by setting up meeting with facility and will not accept my emails. Time is of essence when patient’s lack of care is primordial so this makes no sense. Btw facility has never answered any of my emails other than setting up apointments. They want nothing in record. Director has threatened to sue me if I communicate by email. Small example food offered to patient is not nutritional at all, might have caloric requirement but nothing more. I sent an email to their RD (dietician) and asked that no junk food cookies etc be offered . Never received an answer but a call asking that I call her. I have done a bit of research re Registered Dietician title requirement RD has to play active role in supplying food which is not the case. A friend of mine saw and spoke to Facility’s janitor (nice man I may add) who was asked by facility to go to $ store to load up on cookies etc (these have no expiry dates etc..... horrible)
Let me add that patient is self pay $15,000 per month. I was told after meeting with business manager b4 his arrival “we will look after him well.... farm to table food” all this made sense as facility is in rural area where farms abound what a joke.Additionally I have now concluded that medical visiting staff might be in cohoots with facility.
One day some time ago a dermatologist came to visit and I pointed out wounds on left leg that
are current thing (infected then heal then re occur etc) A nurse who whistle blowed me info that wounds were caused on left leg through mis use of lyft (although she said not intentional) but cna staff are ill trained , not staffed sufficiently, exhausted forced to be mandated and taking on double shifts.Md when i pointed out that same pattern of wounds ie left leg on other patients after LPN’s comments “never mind other patients” had temerity to say maybe an insect bite. I was shocked (photos prove other wise) so sadly MD PA seem to be in partnership with facility.Local news paper journalist is waiting to interview me but thought more prudent to be accompanied by attorney.One could mske a movie of this facilityMeanwhile facility at times hires traveling cna’s and pays them 25/hour travel time and hotel but local staff is paid only $11.00/ hr not right . This creates a civil war where locals exhausted/empoverished then do as little as possible. Morale there is low. As you can imagine. Families will complain about lack of care But because of quilt do not report it to DOH and fear retaliation by facility. I have been example and they do not wish to be victimized and bullied as I have been.My cough/ bronchial spasms prevent me from calling you at moment .. no joke
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Sorry to hear you are not feeling well. I hope you recover.

I understand everything you are complaining about. Complaining to me gives me a picture of what is going on, but it does not begin to resolve your problem.

To resolve your problem, you have to present evidence of all of this to the State Department of Health and Hospitals AND you need to get a local attorney to sue the facility for the negligent care of the patient and for their bullying and harassing of you as PoA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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