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Marian S. Rosen

Marian Rosen’s Answers

98 total

  • Can I sue a nursing home for the death of my mother after falling out of a defective wheelchair?

    The brakes on the wheelchair wouldn't lock properly. After giving me several excuses was told that the maintenance man said that the brakes couldn't be repaired anymore and so another chair would have to be ordered. I would ask about the chair an...

    Marian’s Answer

    How sad for you and your Family.
    From the facts you set out, it would appear that there was neglect.
    I would urge you to consult with an attorney knowledgeable about Nursing Home litigation.
    Because of the Statute of Limitations in Texas (2 years from date your Mother fell from the wheelchair),
    you should act as expeditiously as possible.
    It will be necessary for you to secure documents from the Nursing Home and the Hospital.

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  • Elder fraud

    My father and aunt are POA for my grandmother who is now in a nursing home. We suspect that she has been misusing her funds. My father will not ask her to see the financials as my aunt is very confrontational and defensive. What can I do to fi...

    Marian’s Answer

    This is difficult because you have a suspicion and no proof.
    Perhaps you can contact Adult Protective Service (or the equivilent in your State)
    Most States have a provision for Financial Abuse of the Elderly.Perhaps yourlocal District Attorney's office might assist you.
    If there is an Ombudsman at the Nursing Home, you might seek them out for assistance.
    Why do you have a "suspicion"?

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  • 895.03  Recovery for death by wrongful act. Please Define??

    A hostile work environment (previous employer 6 mo ago ) that was caused by extreme, constant and ongoing long term harassment (protected class) from a manager resulted in a severe case of PTSD (diagnosed after employment). This person tried to c...

    Marian’s Answer

    Suggest you consult with an attorney licensed in Wisconsin who is knowledgable about employment law and some experience in medical malpractice.
    The law varies from State to State

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  • Does this constitute medical malpractice?

    My girlfriend has been struggling with severe pain, weakness, fatigue, and other assorted symptoms. A few months ago a doctor ordered an AMA test for lupus and it came back positive. He never informed her of this and we didn't find out until a few...

    Marian’s Answer

    If she suffer pain and injury as a result of the first Doctor not informing her of the diagnosis, she may have a cause of action.
    Lupus is a difficult illness to be certain of the correct diagnosis.
    Sometimes, many tests are ordered before a definite diagnosis is made.
    Your friend would need to present all of the medical records (including tests which were performed) and consult with an attorney who is kowledgable in medical malpractice.
    In Texas, because of tort reform, there may be negligence but damages may be difficult to prove.

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  • Do i have a malpractice case?

    injured in oct 2014 in a hit and run i saw an orthropedic dr that sent me to have mri & authrogram. during these test i was having an iv put in my left wrist due to it was my right wrist that was previously injured. during iv being put in i sudden...

    Marian’s Answer

    Am sorry that you are having so much pain and medical problems as a result of improper insertion of the IV. It will be necessary to secure your medical records to have them reviewed by an attorney who handles medical malpractice cases. You should continue to document all of the problems and limitations you have suffered as a result of the improper placement of the IV.
    You may also want to document with photographs.
    You need to act expeditiously as the Statute of Limitations in Texas is 2 years.

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  • Do I have a case?

    Recently, my mom was placed in a hospital in Atlanta for AML. Her nursing staff has literally done nothing but screw up at every given turn. One put medical tape on her she's allergic to, and when prompted to remove it by her doctor, yanked i...

    Marian’s Answer

    So sorry about the neglect your Mother is enduring. Unfortunately, what you have described ( up to this point) indicates that there may not be enough damages to warrant a lawsuit.
    I would recommend that you talk to the Ombudsman (if there is one ) at the Nursing Home.
    You should also register your complaints to the Administrator.
    Be sure you document all contacts in writing.
    Take photos of all events.
    Keep track of names of Nurses, CNA's and other personnel that deal with your Mother.
    You should also file a complaint (which can be done anonymously if you like) with the Board (in your State) that oversees Nursing Homes.
    If you receive no satisfaction, you should seriously consider moving your Mother to another facility.
    Best of luck. Marian Rosen

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    If a nursing home billed Medicare for 10 separate fifteen minute Physical Therapy treatments totaling $300.00, which patient was not capable of receiving, would that constitute 10 separate False Claims Act violations resulting in a fine of $50,00...

    Marian’s Answer

    False Claims Act violations are specific. More information would need to be garnered in order to answer your question.

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  • Can i get help /sue a hospital for medical malpractice

    In September 2012 i got my gallbladder out on october 2-3 days after i got released i went back in because they left stones accidentally they said. After that ive had pains i go in and they tell me nothing is wrong my blood work showed my liver wa...

    Marian’s Answer

    The Statute of Limitations in Texas is 2 years.
    Since you had surgery in September 2012, you may be precluded from bringing suit.
    However, you said you "went back in".
    When did this occur? The date may allow for an extension.

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  • I had hernia surgery on 5/28/10 Left inguinal hernia

    I have been experiencing pain, it's been hard to urinate and empty my bladder. And the doctor used a parietex gripper mesh, I'm not sure if it has been recalled or not. But I continue to have pain associated with this surgery that was preformed.

    Marian’s Answer

    You need to consult with a Doctor as soon as possible to determine the cause of the pain.
    There are several types of mesh that have been used in surgery that have created problems.
    Some of those cases are involved in class action lawsuits.
    You may want to determine from the operative report the type of mesh, lot number and whether it had been recalled.

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  • I'm running out of time in patient I was wrongfully diagnosed with Colan cancer and surgery was performed who can help.

    Surgery was done 12/17/12 time is running out but I know the doctors involved will settle.

    Marian’s Answer

    If you do not already have you records, you need to obtain them immediately.
    You should waste no time in contacting a medical malpractice attorney

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