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David W. Terry

David Terry’s Answers

91 total


  • 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.

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  • 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.

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  • My mother was a victim of nursing home abuse and medical malpractice, She past away 10.28.2011. Do I have a case?

    My mother died because she was not taken care of properly.

    David’s Answer

    The short answer is Maybe. Every state has deadlines called statutes of limitations that govern when a legal case can be brought. And, every state is different. If the statute of limitations has expired you may not be able to pursue a case. Of course, there also may be exceptions. Since you are in Florida I'm assuming that your mother passed away in Florida. If so, you need to talk with a nursing home abuse and neglect attorney and/or medical malpractice attorney in Florida to get a definitive answer on this question. If this happened in a different state, contact attorneys there. Good luck to you.

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  • My aunt is currently in a nursing home in North Carolina.Her cd does not mature until nov.2016.Can she still receive Medicaid?

    She is currently paying with her own money.We didn't find out about the cd until we looked at her bank account.Will this keep her from qualifying for medicaid

    David’s Answer

    Great question, but one that needs to be answered by an elder law attorney in North Carolina. Different states have different laws, so the best thing you could do is find a qualified elder law attorney in NC and get an opinion from her. Not really a definitive answer, but I think that is your best bet. Good luck.

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  • Hi my mother who is in a nursing home fell about a year ago and broke her arm. She said she slipped on water in the dining area.

    Anyway she was taken to OU medical center where they preformed surgery to have screws and pens put in. She stayed in the hospital for 3 days. They gave her pain medicine lortab which caused her to lose 50 pds and now after a year she is still taki...

    David’s Answer

    You are asking the right questions. Your best bet is to contact an attorney in Oklahoma City who handles nursing home abuse and neglect cases who can answer these questions for you. I practice in Missouri, Illinois and Arkansas so I am not completely familiar with Oklahoma law. However, having said that, I believe that the state recently passed some "tort reform" measures that have made these cases more difficult to pursue. Again, you should talk to an Oklahoma lawyer who can be more specific in answering your questions. Try my friend Elizabeth Larrick who works there in OKC. She can be reached at 405-917-5250.

    Good luck to you!

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  • My mother is thinking about moving into a nursing home or assited living. She has no money in the bank.

    she gets 1076.00 form social security per month. They told her that she would have to give them all of her money per month except for 40 or 50 dollars and that she would have to give up her car. Is it true taht she would have to give up her car? ...

    David’s Answer

    The best thing you can do is contact an "elder law" attorney in your area. Elder law attorneys specialize in the monetary issues involved in getting an elderly person ready for nursing home care and the corresponding financial issues. This is different from a nursing home abuse and neglect attorney who handles personal injury or wrongful death issues that arise at a nursing home. Your question needs the expertise of an elder law attorney. A simple Google search should result in at least a dozen options for you.

    Good luck to you and your mother.

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  • A closet fell on father at nursing home it was not fastened. Down can they be sued. For neglect?.

    he has dementia we were told he needed 24 hour care that they would provide. Only after the closet fell over on him did they Fasten all of the closets down in the nursing home.can they be held responsible and sued

    David’s Answer

    The answer is probably yes, they can be sued for neglect. I am aware of a similar case like this in another state, so this is not the first time this sort of thing has happened. A big question in determining whether you can find an attorney to help you is how badly your father was injured. If he was severely injured, then I suspect you will have little difficulty in finding an attorney to assist you. If, however, his injuries are not very severe (which is good for him!) it may be more difficult to find an attorney. Cases like this cost money to pursue and a case with small injuries, regardless of the extent of the negligence, are difficult to puruse. I recommend that you look for a lawyer that handles nursing home abuse and neglect cases in the area where the nursing home is located and get some advice. Good luck!

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  • Can I sue my father's nursing home for an injury that happened while an attendant was getting him ready for bed.

    My father has been on a catheter for three years. I have had to take him to a urologist to have it changed because the home where he is botches it every time. Three nights ago an attendant pulled my dad's catheter while getting him ready for bed...

    David’s Answer

    You can certainly file a lawsuit against a nursing home for injuring your father. Not only are there policies and procedures that nursing homes are supposed to follow, but there are regulatory rules as well. Most of the policies and regulatory rules are designed to provide quality care to the residents or to keep the residents safe. I am in St. Louis and have been pursuing cases against the nursing home industry for twelve years. I would be happy to talk with you about your options.

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  • How long is the statue of limitations for nursing home abuse,and neglect in Texas.

    My wife was admitted into a hospital in Houston last year in January 2012.The doctor later admitted her into a Rehabilitation Hospital.my wife had renal kidney failure and was a diabetic and they did a procedure on her arm.she was in the hospital ...

    David’s Answer

    I'm sorry to hear about your situation. Your best bet is to talk to an attorney licensed in Texas who can give you guidance on the statute of limitations issues. Unfortunately, several years ago the Texas legislature implemented a tort reform law that made it substantially more difficult for victims of medical malpractice and/or wrongful death to obtain justice. As a result, many lawyers have stopped taking those cases. Still, you should be able to find someone who can provide you with guidance and advice. There are plenty of Texas lawyers right here on Avvo.

    Good luck to you.

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  • How critical is it to have a local attorney vs. an attorney out of the area but within the state?

    This is for a personal injury case. I already have established a history with an out of an area attorney but am uncertain of the practicalities of it if filed in local court system ( few hours away). Or is it not that important in terms of how t...

    David’s Answer

    This depends on many factors. In my practice, I travel all over two states. If I need help in a certain area, I contact a local attorney. Oftentimes, though, it is no problem for me to work the case up without local counsel. It really depends on your attorney, the type of case and his or her comfort in handling cases out of town. Best advice is to talk with your lawyer and determine a course of action.

    Good luck!

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