Skip to main content
David W. Terry

David Terry’s Answers

99 total


  • I am planning to sue a nursing home and LTAC facility, including attending physicians, for medical malpractice and negligence.

    Is it best to get the medical records from the medical facilities myself, before retaining an attorney, or let the attorney get the records?

    David’s Answer

    There is no right or wrong way to do this. In most cases I, as the attorney, collect the records, but in other cases I will have the client do it. It basically boils down to which strategy makes sense for your particular set of facts. Retain an attorney who are you comfortable with and discuss which strategy works best for your case.

    I wish you well.

    See question 
  • Should I contact an attorney?

    My mom is in a nursing home and I feel as though because of neglect she is in the hospital now. She has a uti accompanied by a 107 temp. Utis don't just happen. They are caused by not being clean. She even has to get surgery because of this.

    David’s Answer

    A temperature of 107 is not easy to miss. I've only seen that one other time in a St. Louis case I handled. I would certainly question why the nursing home didn't get your mother to a hospital sooner. You should definitely talk with a Missouri-licensed attorney who handles nursing home neglect cases. I wish you well and hope your mother recovers quickly.

    See question 
  • Do I have a case and what are the statue of limitations

    My mother was in a nursing home but she went into a new program from tenncare my mom lived in a house in which 3 other people did also she paid 1/3 of rent and utilities then united health care paid a nonprofit company to staff the house in which ...

    David’s Answer

    That is a Tennessee specific question. As such you really need to speak with a Tennessee licensed attorney who can answer these questions for you. My recollection is that TN has a very short statute of limitations (maybe even as short as 1 year) but again, call a TN lawyer about this. Given the possibility of a short statute of limitations, you should contact a TN lawyer right away. I wish you well.

    See question 
  • Elder abuse...daughter has placed father in assisted care against his wishes after obtains over 3/4 million from him

    Daughter had father declared incompetent . Father has feared daughter for a long time. She has isolated him from all friends.. she obtained this money and after all tax work accomplished with three weeks had him committed. Father has begged me...

    David’s Answer

    Sounds to me like you need to talk with an elder law attorney who has handled cases like this before. If you have talked with attorneys who can't help, you probably just need to keep making calls. This kind of situation is not so rare that there aren't lawyers available to help. Sorry to not have anything more specific for you other than to keep talking with attorneys. I wish you well.

    See question 
  • DADDY WAS MISTREATED IN A VA CONTRACTED NURSING HOME IN ASHEVILLE, NC. CAN I SUE THEM?

    HAD YEAST INFECTIONS...LEFT ALONE AND HE GOT OUTSIDE AND FELL OUT OF HIS WHEELCHAIR. SENT TO CAF. TO EAT WITH POOP IN HIS PANTS. SENT TO DR. APPT. ALONE AND ALSO NO PAPERWORKI. HE WAS IN HIS 90'S. I HAVE PICTURES OF INJURIES FROM FALL. HIRED ...

    David’s Answer

    I'm sorry you and your father had this experience...unfortunately it is not unique. The answer to your question is ...maybe. You really need to discuss all of this with a North Carolina attorney who concentrates in nursing home abuse and neglect cases. Check on Avvo or Google and you will find someone who can provide you with answers to your legal questions. Two key questions will be 1) Statute of Limitations - this happened 2 years ago, so there may be an issue with that; 2) the fact that it is a VA may bring in some specific legal questions as it is a governmental entity. But again, a NC attorney will be more helpful. I wish you well.

    See question 
  • How can I begin to assume custody of my father's care in another state from P.O.A.& poss. fraudulent sister investigated by APS?

    I'm in L.A., Dad is in an adult care facility in HI, my sister took over POA, and his care is being reported by the staff, because she isn't approving financial care, etc. They have spoken to me, &I've recently found other pastpotential abuse of h...

    David’s Answer

    You need to talk with an elder care attorney in Hawaii. They will likely be able to walk you through everything that your situation would require. You can find them on Avvo or by Google.
    Good luck.

    See question 
  • Am I allowed to access the records from the department of health and human services ?

    They told me that I may not access the records because I was not the guardian at the time. I am now the representative of the estate. What do I need to access the files? Are they allowed to deny me access?

    David’s Answer

    In most states that I'm familiar with the Personal Representative of the Estate is entitled to request and receive records on the decedent. However, Wisconsin is not one of the states with which I am familiar. Contact a nursing home abuse/neglect attorney, personal injury attorney, medical malpractice attorney or wrongful death attorney in your area and they should be able to give you an answer right away.

    Good luck.

    See question 
  • I need some one to help I am not getting therapy like I promised and im afraid of falling and brakeing my legs again what 2 do?

    ok im in rolling hills nursing health center ive had pain meds with heald from me ive been verbily abused and phisicly emotionally abused also have this surgical wound thus nurse posed at over and over and was not easy asked him to stop he wouldn'...

    David’s Answer

    The best thing you can do is immediately call a nursing home abuse attorney in your area. If you are unable to visit them at their office, most attorneys are willing to visit you where you are.

    I wish you well.

    See question 
  • Nursing home escape

    My father was recently admitted to nursing home with dementia. Last night he came home. He left nursing home and somehow managed to find his way home.. The nursing home didn't realize he had gone missing until I called to report. They failed to...

    David’s Answer

    This is about as serious of a failure as can happen in a nursing home. Thankfully your father is safe but this could have been a disaster. I've handled several elopement cases where people have been injured or killed. At a minimum this should be reported to your state agency that monitors nursing homes and you should consider discussing your options with an attorney. You should also consider moving him to a more responsible nursing home.

    See question 
  • As a wife, what do I have to do to get med records from husbands nursing homes?

    My husband pasted away at a nursing home but was constantly being moved from 1 home to another. How do i as his spouse obtain all his medical records from all the differant homes?

    David’s Answer

    First let me say that I'm sorry for your loss. As an attorney that has handled 15 years worth of nursing home abuse and neglect cases, I have talked with many, many people who have had the exact same question as you. It is a difficult situation. As to your question, In some states after a person has passed away, the person seeking to obtain medical records for the decedent must be the personal representative of the decedent's estate. This is true even if you were the designated power of attorney. So, some states make you incur the cost of opening an estate just to collect records -- even if the decedent had no assets. I am not a Florida attorney, so my best recommendation is for you to contact a Florida attorney who handles nursing home cases and/or wrongful death cases. They should be able to quickly identify the process you must follow to collect the records. I hope this information is helpful.

    See question