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David W. Terry

David Terry’s Answers

109 total


  • Who takes control of my mom's estate when she passes if she doesn't have a will and is in a nursing home?

    My mom is in a nursing home and about to pass. Doesn't have a will or life insurance. Wanting to have a service for her and have to come up with $4000 to have service and wanting to have an auction to pay for it. Wanting to know who takes control ...

    David’s Answer

    Hard to give you an exact answer because every state has different laws. Your best bet is to contact a local estates and trusts lawyer who should be able to answer your question rather quickly. Sorry I couldn't be more helpful. I wish you well.

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  • Can I file my own Lawsuit?

    My mother passed away last year while at a major chain nursing home and the local coroner determined that the timing of her death was speeded up due to poor quality of care at the facility. My sister was the executer of her estate as well as havin...

    David’s Answer

    I strongly recommend you consult with an attorney who handles cases against the nursing home industry. There may be legal issues involved here that a knowledgeable attorney will know about.

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  • Is this Medicare Fraud?

    The nursing home where my mother was a patient charged her for daily physical therapy beginning Jan. 1, 2015. My mom was fading in January and bed-ridden, during that time period. Except for a few mouthfuls of food which was fed to her, she had ...

    David’s Answer

    The possibility of fraud and therapies in the nursing home industry is very real. I recommend that you talk with a local attorney who handles nursing home abuse and neglect cases and/or a lawyer who handles qui tam cases in your area. Hard to know exactly from your fact scenario whether there is in fact fraud, but certainly something that should be looked in to. Good luck.

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  • I believe the Nursing Facility and the doctors whom we trusted nearly killed her. What can be done to help my mom and others ?

    My mother was put into a nursing facility after a surgery for a femur fracture. while in the nursing facility. the doctor who came to visit her once put her on 20mg of Oxycodone 4 times a day fro pain. A week later he sent his Nurse PR actioner w...

    David’s Answer

    You should talk with an attorney in your area who has handled cases of nursing home abuse and/or neglect. In this case, you will want someone with experience to review the records to determine if there was any negligence by the nursing home and/or physician. Good luck to you.

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  • What type of a lawyer do I need?

    My mother was a high risk for a fall in a nursing home. The nursing assistant in charge of her care left her unattended in the bathroom for a moment and she fell off the toilet or tried to stand up and fell. We are not sure which happened as she...

    David’s Answer

    You need to talk with a nursing home abuse and neglect attorney in your local area. You may very well have a legal case. I've had cases with similar facts in the last. I wish you well.

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  • No one at the Nursing Home helped my grandmother for hours.

    My grandmother, a resident at a Nursing Home in the D.C. area, was given a device that alerts the staff when there is an emergency, and was not attended to for more than three hours after using said device. This nursing home states in their manua...

    David’s Answer

    I am sorry to hear of your bad experience but I can tell you from roughly 15 years of handling cases against the nursing home industry, your experience is not unique. Whether your case warrants a lawsuit really depends upon what happened to your loved one while in the nursing home. You should call an experienced nursing home abuse and neglect attorney in Maryland to discuss in greater detail. Again, I'm sorry you had to go through this. I wish you and your family well.

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  • I request an attorney, for lawsuit against a nursing home in Arkansas... This is a case of abuse.

    Mother was maltreated at nursing home

    David’s Answer

    The best thing you can do is look up local attorneys who handle nursing home abuse and neglect cases in your area. Don't look for a medical malpractice lawyer because the two types of cases are very different. There are several outstanding attorneys in Arkansas who handle these cases so you should have no trouble finding someone to give you an opinion on whether you have a legal case to pursue.

    I wish you well.

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  • What's the percentage a lawyer is allowed to take for a nursing home injury claim

    We're going thru an injury claim for my mom

    David’s Answer

    The answer sort of depends on what the going rate is in the community and if there are any laws that affect the percentage attorneys can charge. On medical type cases, such as a nursing home case, I've seen attorneys fees range from 40% to 50% of the gross recovery, plus the attorney is also able to recover all expenses put into the case. Your best option is to talk with attorneys in your area to get a better handle on what is common in your area.

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  • Nurse didn't take action after family member got hurt

    My grandmother fell and hit her head. Her nurse, who sees her three times a week came the next day to look at her injury. It was a cut on her head. The nurse told me that my grandmother was complaining of a bad head ache and needed pain medication...

    David’s Answer

    DEFINITELY talk with a local attorney who handles nursing home abuse and neglect cases.

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  • Mother had to have a amputation due to wound care and an infection that she got while home health was managing care.Can I sue?

    We had home health for the last 3 years. My mother developed a wound while in the hospital, then told to see a wound doctor who did not want to see her any longer if he could not cut on her foot continuously. Nurse sent out was not a wound care nu...

    David’s Answer

    You should talk with a Texas medical malpractice attorney. There are some questions about statute of limitations and who to sue that should be discussed directly with someone with direct knowledge about these issues. I don't know where Cedar Hill is at, but there are plenty of good, qualified medical malpractice lawyers in Texas right here on Avvo that you can look up. Good luck to you.

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