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Fred Rispoli
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Fred Rispoli’s Answers

7 total

  • Would anyone work pro bono for a lawsuit against a hospital for a case of negligence in the birth of a baby?

    My baby is 1 month old, and at the time of his birth there were a lot of issues that happened during delivery that were not acceptable, mainly being the fact that they started and then stopped labor...I believe strongly there was oxygen deprivatio...

    Fred’s Answer

    I am very sorry to hear about your son. What you are asking about in terms of a legal claim is commonly referred to as a "birth defect" claim. These claims are incredibly complex, require multiple physician and nursing specialty expert witnesses, and are quite expensive to litigate. It is unlikely you will find someone to help "pro bono," which means a lawyer assisting you without charge. Typically, in birth defect cases, a plaintiff's attorney that focuses on medical malpractice cases will take your case on contingency fee, meaning the attorney will advance all costs and take a percentage of any settlement or jury verdict in your favor.

    Regarding the specifics of your case, there is a substantial amount of investigation that needs to occur, and you should contact a medical malpractice attorney right away while memories of hospital staff are still fresh.

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  • Nursing home issue

    My father pass away two weeks ago, . When I talked to my family about what was going on, they told me that my father had broke a hip a few months ago. And about a month ago,they told me that my father did not want to eat or drink anything and the...

    Fred’s Answer

    My colleagues have provided great answers--definitely contact an attorney that has expertise in nursing home abuse and neglect cases. I will elaborate, though, on your situation further: There are two potential legal issues here, (1) the fall that resulted in a broken hip and (2) your father refusing food and water. Regarding the fall, after a review of the evidence it may be that the nursing home violated the standard the care in needlessly permitting your father to fall, and that the fracture he suffered (if this is what occurred when you said he "broke a hip") was a significant contributing factor of his passing.

    Regarding his refusal to eat, while there are many types of advanced directives available that specify how an individual chooses end-of-life care, under very few circumstances could a resident at a nursing home stop eating altogether without a dietitian, nurse and physician being involved AND a family member or power of attorney being involved. Meal completion records, which are pretty standard at nursing homes, would paint a clearer picture of your father's last days.

    I am very sorry for your loss.

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  • Can I sue dignity health urgent care for misdiagnosis and failure to do their job right?

    I went to urgent care after being sick for almost 2 weeks. I told them I have body aches, a fever, bad cough, puking, coughing up a lot of mucus, chills, couldn't eat much at all and I was having a hard time breathing. They said I have bronchitis ...

    Fred’s Answer

    That is such terrible news. I am so sorry for your loss. My colleagues have provided good points, and I would only add the following:

    For every potential legal claim there is a statute of limitations, which means that if you do not file a lawsuit within a certain amount of time, you lose the ability to file a lawsuit forever. In most medical malpractice cases, this is 2 years from the date of when the malpractice occurred or when you should have discovered it occurred (sometimes two separate events). Second, if you went to a hospital affiliated with the urgent care clinic (i.e., owned by the same corporate entity), and depending on what you told the hospital staff about the urgent care visit, the company may have already flagged your case. If anyone from risk management reaches out to you, be sure to document the conversation and be careful how you respond. As already mentioned, medical malpractice cases are highly technical and require attorneys that are familiar with such cases. It would be a good idea to contact one right away to protect your rights.

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  • What is the state minimum for for repositioning a person in a nursing home

    My mother is currently in a nursing home. She has a couple bed sores and keeps tilting over in bed. She is unable to move herself back to a proper sitting position. The nurses do not come in but once a day to reposition her. Is there a state min...

    Fred’s Answer

    My colleagues have provided great responses to your question, but I wanted to elaborate on some issues they discussed. As stated, a turning and repositioning schedule is integral for residents with mobility issues. Depending on your mother's condition, for example, she may even require more frequent positioning than the standard "every 2 hours." How she is repositioned is critical as well. One of my clients had a bed sore on his coccyx when he arrived at a facility, which required frequent respositioning, but from side-to-side only. While the facility turned my client, they sometimes turned him on his backside, worsening the existing pressure ulcer. Some residents need such constant repositioning that certain speciality beds (which sometimes require insurance pre-approval) are necessary. As you can see, a lot of factors determine what is and is not appropriate turning and repositioning. You should definitely contact an attorney well-versed in nursing home abuse to discuss your concerns. Good luck.

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  • Are there any class action lawsuits against AZ CPS?

    In 2011 I had a son as time went on I found his mother to be abusive. I found out she was on probation for child abuse on another child of hers. I started noticing different things and made 4 reports to CPS, and her kids bus driver made one. In ea...

    Fred’s Answer

    A class action against CPS regarding the agency's failure to protect children would be difficult to pursue because the damages suffered by each child and their family would likely be seen by a judge as too individualized to treat an entire class of individuals in the same manner. The State does, however, anticipate that individual cases brought against CPS will increase substantially this year as a recent report stated the agency experienced a "systemic failure" to investigate as much as 6500 reports of child abuse. The link below gives a quick summary of that task force report and allows you to read the report as well.

    In my experience litigating cases against the State with issues of poor foster placement or failure to investigate abuse, the level of cooperativeness can vary depending on the attorney the State uses (in-house or outside counsel) to defend itself against any claims. First make sure your child is safe and then contact an attorney to assist you with any potential claims you or your son may have.

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  • What is the nurse/patient ratio in a nursing home?

    How many nurses should work on a shift with 40 patients?

    Fred’s Answer

    While this may appear to be a simple question, many more factors must be known to provide a reliable response. The short answer is usually 2-3 nurses should be utilized on a given shift to properly care for 40 residents, but the number of certified nursing assistants (CNAs) assisting the nurses is critical as well.

    Here are some of the factors that influence what the exact ratio should be: (1) Acuity level of the residents--the "sicker" the residents, the more nurses required (an example of high acuity patients requiring more care are those needing tracheostomy care); (2) whether the "nurses" providing care are RNs or LPNs; and (3) whether the nurses providing care are dedicated to a particular unit at the facility or are they "floaters" that have no baseline knowledge of the residents' conditions. There are other factors as well.

    Ultimately, understaffing is a very common problem at nursing home facilities and some facilities go to great lengths to conceal the true extent of their understaffing. If you feel a family member or friend may suffering abuse or neglect as a result of understaffing or other issues, I would strongly advise you contact an attorney specializing in nurse home abuse.

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  • My Mother is in a nursing home. The Doctor that sees her will not take her off 1 med. that causes strokes. I have POA covers all

    I have POA/ durable general POA (covers all medical and business). The nursing home Doctor has put my Mother on Olanzapine, which has a Black Label Warning. It's not to be given to the elderly who has dementia and who have had a stroke before. Whi...

    Fred’s Answer

    There are a few issues here, but as my fellow colleagues stated, the two immediate concerns are finding a different facility for your mother and contacting an attorney who specializes in nursing home abuse and neglect.

    First, regarding the doctor's prescriptions, there are limits to what a physician can and cannot do for a patient when the patient has a POA who instructs the physician NOT to administer a particular medication. The answer in your situation depends on additional facts, such as the current mental capacity of your mother (how severe is her dementia?) as well as a detailed history of her physical health and medications. The analysis can vary by state, too.

    Second, based on the facts you presented regarding the pressure sore, there is no excuse for you, as the POA, not to have been notified of the specifics of the sore as soon as the nursing staff identified it or shortly thereafter. Even if it began as a mild wound, there is no justification that it progressed to a Stage III without you knowing the specifics.

    Third, as you are not getting responses from the nursing home about the wound, you should speak to the Director of Nursing and the Administrator about your concerns. You may even want to contact your state's relevant agency and make a complaint.

    Of course, there are a lot of competing considerations that come into play in this situation, so it is critical you speak to an attorney for a professional analysis before embarking on a course of action.

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