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I am being sued by a nursing home along with my uncle for 32,000. Can I get my name off the lawsuit.

Lindenhurst, NY |

The nursing home told me they would no discharge him without me signing him out. When I went their to sign they handed me a paper that said that would agree to make payments to them until I get power of attorney. I only signed it because they said I have to for him to be released. I did not fully understand what i signed and now they are suing me and my uncle. I also was disputing the bill because medicare will pay 100 days and they only got medicare for him for 30 days. he was turned down for Medicaid and they saw he has bank accounts. can i ask the judge to just sue my uncle?

Attorney Answers 5


  1. Best answer

    They do this all the time. You have to hire an attorney to file a summary judgment motion and implead any other responsible party.

    Scott Gross
    516-662-7995
    Scottgrosslaw.com

    This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com


  2. You are going to need an attorney. The court will hold you responsible for what you signed--not understanding that you were signing is NOT a strong defene unless you have some mental incapacity.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  3. This is a complicated situation that will require a lawyer. You may have several legal defenses to the document you signed. Don't try to do this on your own.


  4. No good deed goes unpunished. If your uncle was turned down for medicare, it may mean he has some assets, and defending this lawsuit for both of you will further erode those assets perhaps making him medicare eligible. You need an attorney to delay this, until you can get the nursing home and medicare on board.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  5. There is a statute that prohibits this type of behavior on admission, I have never seen it on discharge. I would hire an attorney immediately to contest the documents you signed.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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