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Marian S. Rosen
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Marian Rosen’s Answers

129 total


  • What can I do if my friend was diagnosed and given medication for something she never had?

    My friend went to the doctor and was she was diabetic. The doctors put her on medication for 2 months and when she went back to the doctor they told her that they made a mistake and gave her the chart of someone else along with the medication. She...

    Marian’s Answer

    Because of Tort Reform in Texas, my opinion is that it will be difficult for your friend to pursue a successful lawsuit.

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  • I would like to know if I have a case for malpractice due to negligence and misdiagnosis

    When. I was admitted to a hospital for two days. I was given a pain medication that caused a logic reaction thus leading to facial muscle damage. It has been two months now. It was confirmed I did not have a stroke and that facial muscle damage wa...

    Marian’s Answer

    You will need to obtain the medical records for an attorney to have reviewed by an expert.
    Need to know more about the medication you received.
    If you have permanent damage, you may have a case that can be pursued

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  • Is it legal to set up a granny cam in a skilled nursing home in Wisconsin?

    My mother has dementia and is confined in a "restraint free" facility. She has a history of falls, the latest, less than 24 hours ago. When I am notified, my questions are answered with vague responses, ending in them blaming the incidence on the ...

    Marian’s Answer

    You should check with an attorney in Wisconsin.
    Generally, if your Mother is the only person in the room , there should not be a problem.
    If there is a roommate, it may be different because of privacy.
    Recently a client of mine installed a camera.
    Amazing the abuse that was recorded.
    We are now suing the nursing Home.
    A picture is worth a thousand words.

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  • How do I sue a nursing home for constant write up and attacking employees?

    I was employed at j Michael nursing home and I was attacked and threatened by a family member .I was call out my name when I went to take care of my resident and it got reported and no one did anything but write me up when in fact they have all th...

    Marian’s Answer

    It sounds as though you need to contact an attorney in your area who is familiar with employment law.
    Also, there may be some issues of retaliation going on at the facility

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  • How can I get a nursing home attorney about abuse?

    My husband have had bruises and sores. He was badly injured head busted open months ago and now had bruises on his left side and under his arm. I need somebody's help... He been injured too many times.

    Marian’s Answer

    Sorry about the treatment your Husband has experienced.
    Am sure it has been hard on you to see him abused in this manner.
    Suggest that you contact an attorney who is experienced in nursing home neglect and abuse.
    Is he still at the same Nursing Home?
    You should consider moving him to another facility as soon as possible.

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  • Do I have a case for malpractice by my doctor?

    During my most recent appointment with my Orthopedic Surgeon I waited three hours to be seen. After the Doctor walked in I raised my concerns about the long wait time. Instantly he became very agitated and called me an idiot and that I had request...

    Marian’s Answer

    Your situation does not warrant a medical malpractice cause of action.
    The Doctor is certainly rude and uncaring. He should have at least apologized to you and explained why he had kept you waiting so long.
    Better to find out now. Perhaps this is a good thing for you to find out about the Doctor before you engage him for any further treatment.
    Suggest you seek another orthopedist-there are many good ones in your area.
    You can report him to the Board of Medical Examiners in Texas but I doubt they will do anything to discipline the Doctor.

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  • What can I do if anything to a nursing home and my mom's husband for not calling me to let me know my mother had passed.

    I found out ten days later. Her husband cremated her the following day. I'm just really upset. And what about her belongings?

    Marian’s Answer

    Sorry for the loss of your Mother.
    Did the Nursing Home have your contact information (name, phone number, email and/or address)?
    If her Husband had your Mother's Power of Attorney and was the responsible party, there may be little you can do.
    Ethically and morally, it was wrong. But that may not rise to the level of a cause of action in Louisiana.
    Louisiana has some unusual laws that may not be followed in other States.
    You may want to inquire of a Louisiana lawyer but my belief is there is little you will be able to do.
    You may want to send a letter to the Administrator to voice your disappointment in their failure to notify you.
    As to her belongings, if her Husband had the Power, there may be little you can do about that.
    Sorry I could not give you a more favorable answer

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  • Could nursing home neglect have contributed to my father's death?

    My father lived in a nursing home. He was being treated with warfarin. While outside the facility he suffered a fatal hemorrhagic stroke. While tragic, this type of event is possible while in warfarin however I can't help wondering if the facility...

    Marian’s Answer

    Very sorry to hear of the loss of your Father.
    Without more facts and information, it is not possible to answer your question with specificity.
    Suggest you consult with an attorney in Massachusetts that is experienced in Nursung Home and Med mal cases.
    If you want to pursue a case, you will need to obtain the medical records for review.
    Good luck!

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  • My mom died as a result of nursing home negligence. She was in nursing home on Medicaid if I receive a settlement does Medicaid

    My mother died from nursing home negligence I am her daughter and suing she was on Medicaid does Medicaid get paid back all the money they spent on her in the 2 years she was there.

    Marian’s Answer

    Medicaid is entitled to re-imbursement for the expenses paid as a result of the negligence of the Nursing Home.
    In some States, Medicaid may even be a entitled to reimbursement for the amount paid for the entire time Mother was a Medicaid recipient.
    I do not know the law in New Jersey (assuming Mother was receiving Medicaid payments under the New Jersey Medicaid program) To the contrary, in Texas, Medicaid would only be entitled to the payments made in connection with the negligence of the Nursing Home.
    Medicaid has a super lien and does not even have to file an intervention in order to be repaid.
    Since you are represented by Counsel, you should discuss this matter with your Attorney.

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  • I need help ASAP! Neurosurgeon ruptured colon during shunt replacement! My time is running out on statutes!

    My 5 yr. Old baby boy died from infection to the brain! Neurosurgeon ruptured his colon during shunt replacement knew something went wrong let him set all night all day stating the swelled places was air from surgery! It was Nacrotizing Fascists...

    Marian’s Answer

    I am not familiar with Alabama law, In Texas the Statute of Limitations is extended relating to issues involving a minor. Suggest you try to find a lawyer in Alabama who can answer this question and assist you..
    How vey sad to have seen your baby boy suffer like this.
    You will need a lawyer as medical malpractice cases are difficult.
    Good luck

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