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Can an attorney stop an eviction based on mental health care negligence and medical expenses?

Riverside, CA |
Filed under: Family law

My mother, whom is mentally and physically disabled, was staying in a residential mental health care facility. During her stay, she has shown no improvements and her health has not gotten any better. She is bipolar, has diabetes type 2, hepatitis C, and Crohn's disease. She was diagnosed with Crohn's disease while she was staying there but due to failed psychiatric practice has not been able to treat any of her conditions. She moved into my home per my request because of her failing health and now we are being evicted because of financial hardship. I have documentation supporting all details.

Despite her Crohn's diagnosis and the fact she has no teeth and all is documented, this facility assumed my mother was abusing substances. Would this facility not be obligated to transfer to another facility that could provide the proper care? She had been seeing these psychiatrists for 5 years. They assumed no one cared about her and were willing to give up and let her wither away based on a bias discriminatory assumption.

Attorney Answers 2


I'm not sure what you mean when you ask whether "this facility" is obligated to do something. When she (you) moved to your home, I'm guessing that the facility was no longer responsible for her well-being.

Not sure what you mean by "bias discriminatory assumption". Please consult with an attorney in your area to make sure everything you are concerned about is addressed.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

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You should first deal with the eviction. If it is for non-payment of rent, then there may not be anything you can do, however, if you can avoid having the eviction on your credit report, you should do so (one way to do that is to have a "move out deal" with the LL where you agree to move by a certain date if she/he dismisses the eviction proceeding or doesn't go to court). You should consult with a housing attorney or your local legal aid organization (your mother may qualify for their services as a senior with disabilities). If you have complaints about the treatment she was given at the care facility, you should file a complaint with the state department of health. You may also want to speak with a non-profit organization that deals with nursing/care facilities, such as CANHR.

This "answer" does not constitute legal advice and does not establish an attorney-client relationship. It is meant for general information purposes only.

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Thank you for your reply. The property management company has refused to accept any payment less than the full amount. Yes, it is due to non-payment. Medical expenses such as diapers for my mother as we are waiting for county to county transfers of all of her benefits including her mediCal. A bit of new information I came across, the medical records from her prior primary care physician have a statement saying that the care my mother was receiving was not adequate and that she be transferred to an assisted living facility. She was never transferred. 8 months later I intervened.

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