Skip to main content
Michael James Perillo Jr.
Avvo
Pro

Michael Perillo’s Answers

99 total


  • When is poor hygiene a nursing home offense and what if they neglect hygiene frequently?

    patient is not able to wash her hands until shower day and not even then. she is never brought to a sink after toileting, before meals and after meals or ever. the patient has black old debris under her nails that is so caked in that it is painf...

    Michael’s Answer

    Your question involves the laws of the state of New Hampshire. I do not practice in New Hampshire and cannot comment directly on applicable laws in that state.

    I did however check on the internet and discovered the Office of the (NH) Long Term Care Ombundsman. That office can be contacted at 603 271 4375. The office gets involved, as I understand it, in the investigation of problems and complaints involving nursing home residents. There is an ombundsman type office in my state of Illinois; I presume each state has a similar office or state sponsored service.

    I suggest you call and speak with the ombundsman's office about your concerns. You should also seek out and consult with a New Hampshire attorney experienced in nursing home and long term care matters.

    Good luck.

    See question 
  • What can I do about this nursing home?

    My father has dementer and the nursing home he is in has been over medicating him to keep him quite they leave him in a wheelchair till his feet is so big he cant walk.plus he cant talk because of all the medication what can i do im in louisiana

    Michael’s Answer

    If you have not done so, speak with your father's individual physician now. If your dad does not have a physician, take immediate steps to have a doctor examine your father.

    In my experience in my state, physicians who treat nursing home residents are typically neither employees nor agents of the home. If that is the situation in your state, your dad's doctor will likely have a private office. Contact the physician about your concerns. If you have your dad's health care power of attorney, the physician will be able to share your father's medical information with you.

    The nursing home will have a medical director on staff (a physician) and a director of nursing (a nurse). I suggest you share your concerns about the care your dad is receiving in the facility with each of these individuals, in addition to the facility director or administrator.

    I also strongly suggest you consult with an attorney in your jurisdiction who practices in the area of nursing home or elder law. The attorney will have knowledge of the laws in your state which pertain to nursing homes and the rights of residents in those facilities. The attorney should be able to guide and assist you in this matter. The attorney may possibly advise you that a guardianship is indicated in your dad's situation. The lawyer will explain guardianship proceedings to you, along with the responsibilities of a guardian.

    I urge you to follow up on this matter at once. Contact an experienced lawyer in you locality today.

    Good luck.

    See question 
  • Can a nursing home transfer a resident for being loud and disruptive?

    My mother is in a convalescent home and in the room next to her is a guy who yells, sometimes at the top of his lungs. Not dementia, just obnoxious. He often wakes up my mom and other residents with his antics in the middle of the night. Can the a...

    Michael’s Answer

    • Selected as best answer

    As with many legal questions, the answer is "possibly" or "it depends."

    State law will almost certainly provide for the possible involuntary discharge of a resident from a long term care facility. You will want to consult with a California attorney who is experienced in local nursing home and long term care facility practice in order to get a definitive answer to your question.

    The attorney will likely want to know the type of facility in question. Is it a nursing home? Is it an assisted living facility? Is it characterized in another fashion? After determining the type of facility involved, the attorney will know which state statute applies to potential discharge of a resident from the facility. My guess is that California has very specific laws governing such matters.

    In my jurisdiction, a resident could be involuntarily discharged from a nursing home for medical reasons or if the resident presents a danger to himself or others. You have stated that this particular resident does not suffer from dementia. That suggests his behavior is not a consequence of a medical condition. Of course, other medical conditions could be causing this type of behavior. While disruptive, the information you provide does not suggest that this person is dangerous.

    If you have not discussed this resident's disruptive behavior with facility administration, you should do so. Perhaps your mother's room can be moved within the facility.

    Beyond that, I urge you to consult with an experienced lawyer in your jurisdiction about this matter. It may be "possible" for the facility to discharge the resident, but it will "depend" on the resident's behavior, the nature of the facility and the applicable state laws pertaining to this situation. The attorney will also be able to provide you with counsel regarding the rights of your mom and other facility residents pursuant to applicable state statutes.

    Good luck.

    See question 
  • Can I sue the nursing home?

    My dad is currently in the hospital. With pneumonia on both lungs. The infection came from his feeding tube not being taking care of properly. He's a two time cancer surviver. And one of the cancers being lung cancer. He currently in critical cond...

    Michael’s Answer

    I do not practice in Alabama; I urge you to consult with an Alabama attorney experienced in nursing home practice as soon as possible.

    The issue in your dad's case will likely involve the negligence (if any) on the part of the home with regard to the care and maintenance of the feeding tube. Your attorney will want to review your father's nursing home and medical records and may well engage an experienced nurse or physician (or both) to review those records. These experts will be able to assist the attorney in analyzing the case for potential negligence. In my experience, it is not unusual for medical and nursing experts to identify other areas of negligent treatment beyond those which are initially suspected by the family. Thorough medical/nursing review of his records will likely be necessary in order to determine if the nursing home and/or others were negligent in the care and treatment provided to your dad.

    Consult with an experienced attorney in your jurisdiction as soon as possible.
    Good luck.

    See question 
  • I need an attorney

    My husband has been charged with rape against a woman. I was just informed that the states attorney handling the case allowed her to hear conversations between us over the phone to coerce her to file charges against him because they need her as a ...

    Michael’s Answer

    It is unclear to me what you are describing in this situation.

    The safest and best course of action for you is to consult with an attorney of your choice as soon as possible. Generally speaking, private communications between husband and wife are confidential, but there are exceptions to this general rule. An attorney can listen to your version of events in a confidential setting and provide you with some insight regarding the matter.

    See question 
  • What happens if you get into a car wreck

    the police office gives the a ticket and when you go to court over it the police officer force you out of the court and with draws the ticket from the person that hit you? it has been about 2 years ago. I had a friend with me when I went to court.

    Michael’s Answer

    If you were injured or experienced property damage as a consequence of the collision, you should seek consultation with an attorney immediately.

    The passing of time (a statute of limitation) will at some point preclude you from bringing a claim or suit for your damages. I do not practice in your jurisdiction and do not know what the statute of limitations would be in your case. In my jurisdiction, the applicable SOL would be two years for personal injury and five years for property damage.

    Statutes of limitation differ from state to state. You should immediately consult with an attorney in the jurisdiction where the accident happened. Do not delay.

    Good luck.

    See question 
  • Didn't see doctor immediately after auto accident

    I was in a car accident that was not my fault. I reported on police report and to the other party's insurance that my hip was sore but I didn't go to a doctor because I only felt minor soreness and thought I would be ok in a few days. The hip pa...

    Michael’s Answer

    You can file a claim. You should consult with an attorney experienced in personal injury law as soon as possible. The passage of time (a statute of limitations) will at some point preclude you from proceeding with a claim or lawsuit. It is never a good idea to delay speaking with an attorney in such a matter.

    Speak with an attorney of your choice prior to doing anything else with regard to this matter.

    See question 
  • Can my son go to prison as a habitual offender for several misdemeanors?

    My son has several domestic charges. Mostly for losing his temper and screaming. If no one wanted to press charges the police said they could take him to jail anyway if they felt it best. The last time he went to jail he went for being in an area ...

    Michael’s Answer

    • Selected as best answer

    Your son needs to consult with a criminal defense attorney...now.

    A defendant cannot be sentenced to prison in Illinois on misdemeanor charges. However, your question suggests your son has had multiple contacts with the police. Are you certain he has not been charged with a felony? Felonies are punishable with terms in the penitentiary. An attorney will likely be able to check on outstanding warrants for your son rather quickly.

    Frankly, it sounds like your son has anger control issues. An attorney in your community will be able to refer him to a local anger control counseling program experienced in court related matters.

    Contact an attorney available to practice criminal law in your county. Good luck.

    See question 
  • 402 Conference- 2 questions

    Can a 402 conference result in a lesser plea than initially offered? Hypothetical example: DA offering 6 years and sentencing range is 3-7 with possibility of probation. Could a 402 conference result in a lesser plea (4 years) if lawyer presents ...

    Michael’s Answer

    First and foremost, as you are asking about a Rule 402 conference you are likely represented by counsel. Your questions should be put to your attorney. Close communication between counsel and client is crucial to successful settlement negotiations in any matter.

    In my experience, a Rule 402 conference could result in the state offering a lesser plea agreement, but this is far from guaranteed. Conversly, the court could indicate a refusal to accept a proposed plea agreement. Yet again, a full conversation with your attorney is in order as to the pros and cons of a 402 conference in your particular case.

    Lastly, I have been involved in such conferences where the defendant is present, but in my experience the defendant is typically not present for the actual conference. Your personal attendance at same will likely depend upon the practice of the judge presiding over your case. Your attorney will be able to tell you how the judge handles such matters.

    Put these questions to your attorney. Good luck.

    See question 
  • Are there sanctions for filing 2 days past the law of limitations ?

    I have or had a personnel injury case depending on the answer, my lawyer filed 2 day past the law of limitations.

    Michael’s Answer

    You should speak with your attorney immediately. If you are the plaintiff, the complaint must be filed within the applicable limitations period. However, you seem to be assuming the suit was filed twp days late. That may, or may not, be the case. Statutes of limitation can be extended under certain circumstances. Speak with your lawyer about this matter.

    Good luck.

    See question