William Michael Berman’s Answers

William Michael Berman

San Diego Nursing Home Abuse / Neglect Lawyer.

Contributor Level 7
  1. "Statutory Protection of Elder Persons" Can I use it as a Cause of Action?

    Answered 12 months ago.

    1. William Michael Berman
    2. Christopher John Gansen
    3. Ajay Mohan Kwatra
    4. Robert Dourian
    5. Russell Warren Lewis IV
    5 lawyer answers

    Yes, Welfare & Institutions Code Section 15600 et seq. is our Elder and Dependent Adult Civil Protection Act (EADACPA) and is a distinct cause of action in the State of California. It is a very technical area of the law that carries a heightened burden. But when understood and properly used, it provides enhanced remedies and can be a very powerful cause of action. It must, however, be properly used. To the extent you feel you have a valid EADACPA claim, I would suggest that you contact an...

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  2. My father in-law died resulting in a fall while under 24 hr. care at a senior care facility where he was to be monitored 24 Hr

    Answered about 1 year ago.

    1. William Michael Berman
    2. Sean David Cowdrey
    3. Avedis Nalbandian
    4. Christopher John Gansen
    5. Kevin M Garrison
    6. ···
    11 lawyer answers

    Yes, you likely have a case against the facility and the outside care agency. Depending on the contractual terms and the facts of the case there may be a Wrongful Death claim for your family as well as an additional claim for your deceased father which would provide for additional separate recovery. We handle cases like this all throughout Southern California. Be sure to consult with a lawyer versed in elder neglect litigation as this s a very complex area of the law.

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  3. I notified the elder abuse about my fathers financial abuse they never questioned him only tried to establish mental competence

    Answered about 1 year ago.

    1. William Michael Berman
    2. Richard Marc Katz
    3. David Ian Schoen
    4. Ajay Mohan Kwatra
    5. Christian K. Lassen II
    5 lawyer answers

    Although your description of the events is a bit confusing, if you believe that your father is the subject of financial fraud, it would be wise to file a Police Report as well as also call Adult Protective Services and an attorney that handles financial elder abuse. By doing so, you can best protect your father from being the victim of financial abuse and may be able to recover monies that were the subject of improper use. I hope matters work out well. William M. Berman, Esquire Berman &...

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  4. If nursing home patient is full code, - is it considered wrongful death, if staff does not see distress of patient in time ?

    Answered about 1 year ago.

    1. Sean David Cowdrey
    2. William Michael Berman
    3. Christian K. Lassen II
    4. Richard Marc Katz
    5. Ian A. Scharg
    6. ···
    8 lawyer answers

    While is not enough information here to conclusively determine if there is a case for Wrongful Death, there are facts which you describe that could potentially lead to a viable claim. For example, the development and progression of sepsis caused by bed sores, the bedsores themselves, and the issues of dehydration could be the result of neglect. But to fully know whether a claim exists, it would be prudent to consult with an Elder Abuse Attorney who understands the law, and can obtain the...

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  5. I think the home and the doctor are tampering with my deceased mom's medical records. Is this common with nursing home neglect?

    Answered about 1 year ago.

    1. William Michael Berman
    2. Jonathan David Marx
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    5. Ajay Mohan Kwatra
    5 lawyer answers

    In California, skilled nursing facilities (nursing homes) are required to give the designated responsible party of the resident a complete copy of the patient's chart upon request. The facility has the right to charge for the copying, however, release of the records cannot be denied. If the facility will not release the records, an attorney can file an action with the Superior Court just to obtain the records. If the facility forces such action to be taken, the Petitioner will generally...

    4 lawyers agreed with this answer

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  6. Can a son sue a nursing home for neglect of her father if she is not the executor of his estate?

    Answered 3 months ago.

    1. William Michael Berman
    2. Zaheer A Shah
    3. Alan James Brinkmeier
    3 lawyer answers

    Under California law, only your father's legal heirs at law may bring a case for Wrongful Death. You are an heir, and your Uncle is not. Now obviously a claim for Wrongful Death contemplates just that, a death; it it must be shown to have been caused by the negligence of the nursing home staff. As a right heir, you indeed have the legal right to bring such a claim, and so too would your siblings (they too could bring a claim). But regardless of your fathers will/trust/estate, your uncle...

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  7. I didn't have insurance when i got in a car accident ? what will happen ?

    Answered over 5 years ago.

    1. William Michael Berman
    2. Steven Ronald Kuhn
    3. Lars A. Lundeen
    3 lawyer answers

    California has strict financial responsibility laws regarding auto insurance and everyone in the state is required to maintain auto insurance if they drive. Under the facts that you present, it appears you could be cited for failure to maintain insurance and your license could be suspended. You could also be held personally liability in a civil claim for the damages you caused to the vehicle you hit, and even to the occupants in the vehicle you hit to the extent any of them suffered injury....

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  8. I recently had ankle surgery for an injury that i was misdiagnosed for back in 2002. It's now 2009. Can I sue for malpractice?

    Answered over 5 years ago.

    1. Stephanie Farr White
    2. William Michael Berman
    3. Elizabeth Taylor Herd
    3 lawyer answers

    Unfortunately, it appears that your statute to file claim for medical malpratice may have lapsed as the limitation period is one year from the date of discovery or three years maximum. There may, however, be an exception IF you were under the continuing care of the wrongdoing physician and the physician led you to believe that all would be OK, only to later learn that all was NOT OK. But this is a most difficult theory (an exception to the strict statute limitation) an you would be required...

  9. Can the family suit for wrongful death, although the person who passed injury happen 2yrs prior to death?

    Answered over 5 years ago.

    1. Alan James Brinkmeier
    2. Elizabeth Taylor Herd
    3. Jennifer Nolte Williams
    4. William Michael Berman
    4 lawyer answers

    while I do not practice in VA and can only give you general advice, most states hold that the statute for a Wrongful Death claim begins to run from the date of death and NOT from the date of the conduct that gave rise to the injury that caused the death. While there may be a problem linking the death to acts that occurred two years prior, to the extent that a medical expert can opine that the death was caused through negligent acts that occurred from the procedure, you may indeed have a viable...

    1 lawyer agreed with this answer

  10. I bought a car for my sister now she does not have insurance who will get into trouble if she gets into an accident?

    Answered over 5 years ago.

    1. Steven D. Dunnings
    2. Thomas William James
    3. William Michael Berman
    4. Lars A. Lundeen
    4 lawyer answers

    While I am not licensed to practice law in your state and do not know the laws of MI, the issue of who can be held liable other than the negligent driver generally depends on who is the registered owner of the vehcile. If your name appears on title of the vehicle, the laws of your state may be such that you could also be held responsible under an ownership theory of liability. I would suggest you consult an attorney in your state on this issue. You may also want to consult your insurance...

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