My wife was an identified fall risk. She was left alone in a bathroom. She fell and now has brain bleeds and a stroke.
We are retired , in our mid-60s. My wife has been in a local hospital and is now in a rehab. She is not progressing physically or mentally. This is a life altering event caused by the hospital. I am concerned about having the financial capability to provide the level of care that she will need long term.
3 attorney answers
Not seeing a question in your post---this is a general legal question and answer site--recommend you reach out to a local personal injury attorney to discuss the specific event(s) and any legal options that may exist. You can use Google or the Find a Lawyer tab at the top of this page to locate attorneys in your area or you can contact the county or state bar association and request referral to an attorney. I wish you all the best.
NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response by Attorney Rafter on Avvo. Answers in Jurisdictions other than the State and Federal courts in Virginia are anchored in general legal principals not state specific law. Mr. Rafter is licensed in the state and federal courts in the Commonwealth of Virginia. For specific responses on your specific issues and the laws in your state, you need to speak directly with an attorney in your own state. It is generally not possible for anyone to post sufficient facts or details about their situation that would generate a response on this or any other website that would fully and adequately address the legal problem posed. The answer to “speak to an attorney” is absolutely proper and correct in every situation.
I am very sorry this has happened to you and your wife. You have two legal issues. First is a personal injury matter — a possible negligence case against the hospital and perhaps against some of the staff at the hospital who allowed this to happen. Second is an elder law question — how to protect your assets and get your wife on Medicaid to pay for what will be catastrophic nursing home costs. For the personal injury matter, you may want to repost your question under the personal injury / medical malpractice category, so that these attorneys will see it. Alternatively, you can start with an elder law attorney who can then refer you to a personal injury / medical malpractice attorney who is experienced in these matters. Please know that using a variety of Medicaid asset protection strategies, you should be able to protect all of your assets and get your wife on Medicaid, so long as you use an experienced elder law attorney. Please note that some of us offer free initial consultations.
Evan Farr is Certified as an Elder Law...
It sounds like you have two legal questions here: one dealing with your wife's fall and one dealing with your wife's future care. Without more specific detail, it is difficult to say what can and cannot be done. A personal injury attorney should be able to answer your first question, and an elder law/estate planning attorney should be able to answer your second. Good luck!
and do not establish an attorney-client relationship. NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response on Avvo. Answers to questions on this or any other website are for general purposes only. Mr. Shaw is licensed to practice law in the state courts of the Commonwealth of Virginia and the State of West Virginia. For specific responses on your specific situation, it is generally advised that you speak directly with an attorney.