By Morton J. Grabel, Esq.
Although no one really wants to sue a nursing home or elder care facility because it is a place of good intentions and a provider of care primarily to the elderly. However, there are times when the facility should be held legally accountable for their negligent and/or abusive conduct. For example, a lawsuit should be filed when: 1] negligence, 2] neglect, or 3] abuse on the premises causes injury.
What Kind Of Actions and/or Failures To Act Should Lead To the Filing Of A Lawsuit?
There are numerous accidents, willful and/or intentional acts, and failures to act that may cause a health care facility to be legally responsible; either based on the conduct of an employee or on a policy, procedure or on-going practice in the facility. Here are a few examples:
There Are Regulations On The Standard of Care in addition to State of California Statutory Scheme:In addition to state laws, if a nursing home accepts Medicare, the facility must follow Federal Regulations that establish the standard of care. One of these regulations is 42 CFR sec. 483.25 (h) which provides:
Proving Liability Can Be Complicated
When a resident is injured at a care facility, it is not always obvious what exactly went wrong and who might be legally responsible. The evidence available is often incomplete or medical records may be self-serving for the nursing home. Examples such as medical record pages either "disappearing" and or re-numbered or being re-written to camouflage negligent conduct or overt abuse. In cases like these, your best first step would be discussing the situation with an experienced attorney like Morton J. Grabel, a former Nursing Home Administrator and Hospital Administrator.
*This office sues nursing homes and related health care providers/facilities. This office has recovered millions of dollars for residents of the Inland Empire.
Please note: the information provided herein is general and not be relied upon for your circumstance. For further information or if you have any legal questions please call the Law Offices of Morton J. Grabel, in Temecula at (951) 695-7700. Mort originally from Philadelphia, PA is a graduate from an ABA Law School, has an MBA, a California Nursing Home Administrator's License & a California Real Estate Broker's License [both active and in good standing].
Written by Robert T. Nickerson
It's now 2019. We like to see January 1 as the beginning of something good. This is the time to look into the clutter and figure out what needs to be cleaned up and up to date. One of those things should be your estate plan. Even if this is something that can't be done today or tomorrow, when is a good time to do this. Here are five easy things you can accomplish to have a better ease of mind for your estate plan.
1. Sign your Estate plan.
You'd be surprised by how often a lot of people put off something simple as using a pen to make the estate plan official. Perhaps now is a good time to give your attorney a call to get that out of the way. Let's give you a situation; someone close to you has just passed away. You'd probably get into contact with whoever did your estate plan to ensure that everything was good to go for their plan and yours. Any will and trust attorney will be able to meet, discuss, redraft, and finalize those ideas, get it down on paper, and be ready for you to dot the line. All you'd have to do then is sign and you could better in a better state of ease.
2. Call Your Attorney if you have nothing planned
Now is the best time to look through your local directory or even Google search to figure out how to serve your needs the best. Yes, getting around to making these decisions can be difficult, but it's better to tackle the stuff now rather then face a flood of problem in the long run.
3. Be sure your have the right successors on paper
If you do have something prepared, you may want to get them out the check and see if the people set to run your estate are still the people you want. This also includes personal representatives, doctors, lawyers, and anyone else you see playing a key figure. You want the right people making the right decisions if something should happen to you.
4. Think about your beneficiaries
Did you name your spouse as a beneficiary? What about your brother or your sister? Your children maybe? Just somebody that you want to receive something? Now is the time to look into your bank and retirement accounts to see who is a confirmed beneficiary as what you have down on an estate plan may not be in sync with your financial department. Make sure that your institution is aware of who you want as a beneficiary.
5. Write a digital asset instruction letter
Law offices typically have this form and your attorney can help write one with you. In this day and age, people use Facebook, Instagram, Snapchat, and a variety of types of social media, along with the login information for other useful websites like banking, health care providers, online shopping, and more. If your one of these people who like to stay connected, then you should let the people you want to have a way to gather that information of usernames and passwords once your gone. You'll have to decide that if you have an Instagram account whether you want it closed or not once your gone. If you figure this stuff out in advance, your family and friends will know what their supposed to do.
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Jeffrey C. Nickerson - Estate Planning Attorney - My Passion is Special Needs Planning!