Patricia Lee Mcclintock Gifford's Answers

Medical malpractice

It is impossible to tell from just what you've listed whether you have a case or not. Medical malpractice claims can be very complex. More facts are needed to determine whether you have a case.

Was conscience and was placed on life support for alcoholic withdraws released one day later.Having to return one hour worst

In order to prove a medical malpractice claim, you must prove, amongst other things, that the hospital and/or staff violated the standard of care and that the violation caused you damage. It sounds like they saved your life.

Cerebral palsy from birth

I have to agree with Mr. Clancy. Whether you can even continue to pursue this matter requires more information including how and whether the case was ever dismissed and your son's current condition. In addition, as Mr. Clancy stated, the fact that 2 different attorneys have advised you that you would not likely win the case is a strong indicator that any other attorney may not be willing to take on your case either. Although incredibly frustrating, it doesn't matter what actually happened -...

Is there anything I can do or how do I find an attorney to help me? I've tried the WI State Bar referral system with no results

You really need to speak with an attorney in WI, assuming that is where the surgery was performed. I practice in IL and typically the statute of limitations is 2 years for a medical malpractice action - but there are exceptions. If your surgery was in 2003, that could be a reason that attorneys in your area aren't interested in your case. Again, the laws vary from state to state so you really need to speak with an attorney who practices medical malpractice in your state.

1 person marked this answer as helpful

Can a nursing home leaglly throw a patient with dementia out for wandering and trying to leave the facility?

If this is a facility that takes MediCare, this issue should be governed by OBRA §483.12 which sets forth very specific conditions under which a skilled nursing facility may transfer and/or discharge a resident. §483.12(a)(2) Transfer and Discharge Requirements The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless-- (i) The transfer or discharge is necessary for the resident’s welfare and the resident’s needs...

1 person marked this answer as helpful

Obtaining medical records on a deceased parent treated for mental illness

Obtaining records the records of someone who is deceased has become increasingly difficult - at least here in Illinois. You might try to get them under 45 CFR 164.502(g), the section defining personal representatives. Again, I'm not familiar with the laws in TN, but record retention requirements are usually governed by statute and in IL, a hospital is only required to retain medical records for 10 years. I'd recommend you do some research on record retention in your area. Best of luck.

Can we take legal action against the old folks home and the nursing staff for negligence & elderly abused & seek compensation?

I don't know if your state requires any CCTV. I would recommend you contact the agency that oversees nursing homes in your state and file a complaint. In Illinois it is the Illinois Department of Public Health. You may also wish to contact an attorney in your area with nursing home litigation experience.

How can I hold an assisted Living facility in New York accountable for their inaction?

You should contact the agency in your area that oversees assisted living facilites. You may also want to contact an attorney with experience in nursing home litigation.

Is it neglect if an elderly person developes a bed sore after a short period of time in a nursing home? Should you sue ?

File a complaint with your local regulatory agency that oversees nursing homes. You may also want to contact an attorney who has experience in nursing home litigation.

Verbal Abuse at a nursing home?

Definitely file a complaint with your local regulatory agency. Here in Illinois, it's the Illinois Department of Public Health. You may also look at moving your father to a different home. Best of luck.