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Russell Warren Lewis IV
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Russell Lewis’s Answers

138 total


  • What can my mom dad and siblings sue nursing home for after a death?

    Due to neglect my brother died two days ago at nursing home. If we file suit in wrongful death lawsuit I was told the money would go to child my brother had when he turns 18. My question is can we as his family (Mom,Dad sisters, and brothers sue ...

    Russell’s Answer

    I am sorry for your loss. The family needs to consult with a nursing home abuse and neglect attorney regarding the care your brother received. The ultimate goal is to hold the nurshig home accountable for any wrongdoing not only to compensate for the loss of your brother but also to prevent this from happening to someone else in the future.

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  • My brother died at nursing home, because he had not been checked on at nursing home.

    The nurse from nursing home called my mom this morning at 2:30 am and said that they found my brother unresponsive and that he had removed his trek ( which is the thing to give him oxygen) and asked what hospital she wanted him to go to. The nurs...

    Russell’s Answer

    I am very sorry for your loss.

    If the nurses failed to comply with the standard of care and your brother suffered an injury as a result thereof, there is certainly a case.

    At this stage you need to get a copy of the nursing home chart and have a nursing home attorney review it.

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  • My sister withdrew money from my elderly father's checking account although she is not authorized on the account.

    When he questioned her about the transaction (which was clearly documented by her signature on a withdrawl slip) she lied and said she didn't get any money from the bank. The next day we checked at the bank, and sure enough they confirmed that sh...

    Russell’s Answer

    The crime of theft is committed at the time of the taking. Returning the property does not relieve the criminal of culpability.

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  • I want to volunteer at a nursing home, a criminal background check is required, is a credit rating also required.

    I know there is no criminal background, but was wondering where they get their information from to satisfy their requirements

    Russell’s Answer

    These checks are virtually standard.

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  • Do we, as plantiff clients, have the right to ask to settle a case instead of asking for a jury trial in a personal injury case?

    Our lawyer is determined to sue for an enormous amount-we have told him several times we just want medical bills paid, but he keeps saying the case is going to court. The accident happened over 4 years ago and I am starting to have concerns about ...

    Russell’s Answer

    This is very simple. Your attorney's job is to represent you. Under Tennessee ethics rules, the client sets the goal of the representation, not the attorney.

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  • I called my mom's nursing home for information about her broken glasses and lost hearing aid. I was told that I would have to

    call my brother who is POA. As her daughter, don't i have the right to this information as well as medical records, medical condition, medications and all treatment records? Frustrated daughter

    Russell’s Answer

    No more than she has the right to your personal health information. That's federal law.

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  • Had a fight with roommate last night while she was drunk. She fell down stairs. Blames me. I did not harm her. Can I be sued?

    She has minor injuries and scrapes but blames me because she can't remember last night. I would never purposely harm her. Could I be at fault?

    Russell’s Answer

    Yes.

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  • 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

    The senior care facility was paid extra to have 24 Hr. in room care to prevent such a fall due to his aged condition. the facility hired someone from an outside company to provide this care. He died due to an internal head bleed caused by the fall...

    Russell’s Answer

    Most likely.

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  • Can I sue my grandmother's power of attorney for being her home health aid and not getting paid for it.

    I lived with my grandmother for two years and was taking care of her while trying to work. Her power of attorney harrased and charged me crazy amounts of rent even when my grandmother told me that I can give her what I have. He basically told me t...

    Russell’s Answer

    In most states this would be governed by contract law. I would say yes, if you had a contract to provide services in exchange for financial compensation.

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  • My lawyer had me to sign a release of fund letter on 4/02/2013. I had not received the funds how do I get the funds?

    I had a car accident in 2011. The company sent a check but my lawyer asked did the send it to me. Which they didn't. He said they sent it to his office but I have not received it and can't get any straight answers from him. How do I find out if he...

    Russell’s Answer

    It is not uncommon for certain things to delay disbursement of settlement funds. Sometimes, the process can be delayed for a considerable length of time. However, your attorney should keep you informed as to the process and what must be done in order for you to receive funds.

    If you are not getting straight answers from your attorney, you should do as attorney Day outlined in his response.

    Best wishes.

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