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

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.

Riverside, CA -

Attorney Answers (2)

Katherine Rose Siegfried

Katherine Rose Siegfried

Social Security Lawyers - Oakland, CA
Answered

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... more
Sean Patrick Lewis

Sean Patrick Lewis

Business Attorney - Fresno, CA
Answered

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... more

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