I wrote earlier about a sore discovered on my mother's leg while in a nursing home. Sore had been there for weeks but not discovered due to my mother not being bathed; there were also no weekly body audits that is part of the plan of care. Is it mandatory that a "client" be removed from the offending facility before a case can initiate against them?
It is not necessary to move your parent before starting an action. Sometimes it actually helps get the attention of management and I have had clients who received much better care due to an action against the facility.
I would consult with a nursing home neglect attorney in person.
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It is not necessary to transfer to another facility first.
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I agree with my colleagues. It is quite likely not necessary. However, you should do so, if it would make you more comfortable.
It is not necessary to transfer your Mother, however, there is always a concern about retaliation by the Nursing Home against your Mother should you file suit while she is still a patient at the facility.
Most all of these are correct. There is not a requirement at all that you remove your mother from the nursing home prior to initiating or looking into a lawsuit. However, as a practical matter, and as a matter of health and safety for your mother, you may want to do so.
If you do want to look into a suit, any attorney who will look into the case will want to review the nursing home records and other pertinent medical records before agreeing and deciding to initiate a lawsuit on your mother's behalf. This would create for some uncomfortable situations to say the least.
However, I will also say that I have pursued cases against nursing homes on behalf of a current resident. One I remember off the top of my head did require as part of the settlement that my client (resident) move to another nursing home.
Our law firm practices in the area of nursing home neglect ion Jackson, MS. Should you wish to contact me and our law firm about your case, please feel free to contact us (contact information below)
W. Andrew Neely
Stracener & Neely, PLLC
304 North Congress Street (39201)
Galloway House, Second Floor
Post Office Box 23148
Jackson, Mississippi 39225
Email: [email protected]
No, you do not legally have to move your mother to a different Nursing home to file a negligence suite. You have raised some serious issues such as sores that have been there for weeks, not being bathed properly, and failure to follow the plan of care. When I advise my clients on nursing home cases, I expect the same level of treatment for my clients family that I would expect for my parents, and I can say for sure that I would move my mother out of that place. I see all too often that the same nursing homes are the ones that fail to meet the standard of care, and they give a bad name to the other homes that actually work hard to provide good care to their patients.
I will be happy to discuss your possible case with you. I never express an opinion as to the merits of a case when i don't have all the facts, especially based on a brief description available here, but I am concerned that damages may not be enough to justify a claim. In any event, your mothers health is the most important issue.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is mean for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
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