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Kenneth Lee LaBore
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Kenneth LaBore’s Answers

481 total


  • What type of law does physical injury as a result of elder physical abuse and/or neglect in a nursing home fall under?

    A family member resides in a nursing home and has suffered two broken limbs as a result of what I believe to be elder abuse. I am not sure exactly what type of lawyer I will need to talk to if I want to file a civil case against the facility. I al...

    Kenneth’s Answer

    • Selected as best answer

    There would be both civil action as well as criminal actions available depending on the situation. I recommend filing a complaint with the department of health or adult protection as well as meeting with a Texas nursing home litigation attorney to discuss your rights.

    There should not be any accidents in the nursing home as a general rule. The facts on the injury(ies) is important in determining the merits.

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  • Can a nursing home cash in my dad's term life insurance to pay his expenses?

    My Dad is in a nursing home in Savannah, MO

    Kenneth’s Answer

    You will want to contact a local elder estate planning attorney who can advise you with all the information. The general rule is that a person needs to spend down their assets before paying a being eligible for Medicaid. Life policies depending on the type may be considered assets. But, there are ways to reduce the amount to be spend down depending on the state. Examples, include prepaid funeral for your dad, mom and his children ....

    I recommend you consult with an attorney - you can find one on AVVO.

    Good luck.

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  • Is this elder financial abuse?

    My halfsister had POA for my mom. My mom had dementia and lived in assisted living. Mom passed in April 2013.We just found out that my halfsister has had a tenant living in my mothers house for some time and has been pocketing the rent money. Ther...

    Kenneth’s Answer

    I am sorry to hear of this situation. The answer to this question depends on the scope of the POA and the purpose and use of the $28,000.00. It seems bad though, I would hire a location elder law attorney to review the documents and see what your options are from there

    Good luck.

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  • Family member died in nursing home, department of health investigated afterwards. Lawsuit?

    My father passed away in a nursing home recently. The state conducted an investigation and even interviewed me. They found "Immediate Jeopardy", failure to address and seek timely medical attention, no one was trained in CPR when he required it an...

    Kenneth’s Answer

    I am sorry for your loss. The reason you need an experienced nursing home attorney is that there are specific federal and state regulations which pertain to changing in a resident's condition and the need to provide an immediate response. The facility needs to be held accountable so this does not happen to others.

    If you need help finding a nursing home attorney in your area please contact me and I will be glad to assist.

    Good luck.

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  • My alcoholic husband is blind and veteran. He is threatening to get a lawyer and A representative for elderly affairs.

    He wants a divorce. Can I put him in a VA nursing home.

    Kenneth’s Answer

    I am not sure the question is related to nursing home abuse and is more a family law or guardianship issue. If you want to move for his guardianship you would need to file a petition with the court and they would make sure that your husband had his own attorney to see if he is mental capable of handling his own affairs and if you should be the person ordered as guardian. Once appointed the guardian you could make decisions concerning his long term care needs.

    The guardianship / conservatorship is more difficult process than having him appoint you as his Power of Attorney / POA but I assume he is unwilling or unable to do so.

    I recommend you meet with an attorney in person, you can find one on AVVO.

    Good luck.

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  • My father left nursing home on Sunday. On Monday he was admitted to hospital with a severe urinary tract infection, dehydration

    And inflammation of the lungs. His primary care physician released himself so he wouldn't be responsible. Is the nursing home liable?

    Kenneth’s Answer

    There are federal regulations which indicate that a nursing home facility should provide quality care and urinary tract infections should not occur unless they are clinically unavoidable. So to answer your question the nursing home may be responsible if the UTI was unavoidable, which is depending on the records may be difficult to prove unless there was lab work done to show exactly when your father developed the UTI. The fact he has other issues such as dehydration, is telling and may be able to assist with the causation issue.

    I recommend that you meet with a qualified nursing home neglect attorney in your area and have them review the related medical records and give you advice on how to proceed. You can find an attorney on AVVO.

    Good luck.

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  • My lawyers left me and joined the "other side". I want to cancel a partition proceeding hearing because my mother has degraded

    My mother needs to be in a nursing home and I don't need a partition hearing any more because both sides are ready to work with a realtor to sell joint property (the house) How do I cancel it? Do I just tell the court or do I have to tell all part...

    Kenneth’s Answer

    I am sorry to hear of your difficulties

    This does not sound like and nursing home neglect issue, but rather better placed for an elder law attorney who deals with planning. I am not sure the issues in your case, but the legal system often takes time and even the best attorney can not always get the results a client wishes. I would consult with another attorney for advice on how to proceed.

    Good luck.

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  • Do I have a lawsuit?

    I was employeed at a nursing home and was let go recently based on hearsay. The employer stated it was 2 weeks ago from the date of Friday the 10th of may making that the 26th of april which would have been a Friday that I was off. Its even on the...

    Kenneth’s Answer

    This question is more of a workers compensation or employment discrimination case than nursing home abuse. In general most states are employment at will and you can quit and they can fire you for any reason other than retaliation or discrimination based on age, sex, sexual orientation or religion.

    I am sure that the nursing home would say they error on the side of resident safety on sexual assault issues.

    Good luck.

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  • What can I do against my stepfather he killed my mother and choked her on her death bed

    My mother was in hospice care for 8 months before she passed away. My stepfather kept me from her during this time until her last night of breath. He choked her to gain all properties and monies over a million dollars. What can I do? He is hiding ...

    Kenneth’s Answer

    I am sorry for your loss. If you really believe there was some form of criminal act performed I would file a complaint with the police and the department of health and see what they uncover in the investigation. The police and investigators can obtain the records and review them to find out if there is some obvious issue.

    Good luck.

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  • My uncle fell in a nursing home

    My uncle fell in a nursing home and got a intracranial hemorrhage. i know he fell monday, and then went unresponsive wednesday and they brought him to the hospital, more so i'm just really angry that A. We didn't get called when this happened, hes...

    Kenneth’s Answer

    There are two potential issues, one could they have prevented the fall and secondly why did they miss the symptoms of a cranial bleed after the fall. They should have monitored him closely for a change in condition. Usually after a fall they facility has a RN due vital checks including measurements of the pupils (which can change if there is a cranial bleed). I would consult with a qualified nursing home abuse and neglect attorney who can review the records and see if you have a strong case to hold the facility accountable.

    Good luck.

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