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  1. #1
    Join Date
    Mar 2019
    Location
    Washington State
    Posts
    3

    Default Suing an Elder Care Facility for Injury to a Resident

    My question involves a person located in the state of: Washington State.

    Have a big mess that I need help with and I am confused what to do.
    A potential injury lawsuit in healthcare facility has caused them to hire a sleazy lawyer to try and make us look like injury didn't occur at the center. Injury caused by a un-watched patient to another patient I am POA of. Center never allowed exam of injured patient. APS called and report never received about the incident. Several illegal instances occurred at facility which POA has also witnessed.

    The hired lawyer said he was a guardian ad litem, but is actually a hired laywer for the case to take control of a ex-patient's life when she is still capable of caring well for her self,but is in a wheel chair. She is still able to retain memory and can handle funds, banking, feed self, just about everything but, is in a wheel chair. Very healthy person with control of her faculties.
    The lawyer is trying to make POA look incompetent, but POA has been paying bills accurately and managing patient to POA decisions without issues. Lawyer has created a fantasy description of lies that he has sent to the courts.

    This again is rooting from a possible lawsuit on the care facility. The lawyer is trying to make patient and POA responsible for paying lawyers depts and services that were not requested by patient of POA as well. If he is acting as an ad litem, he is the most back stabbing one ever. This is a serious problem he is trying to put us in and I need help making proper decisions to save faith and well being of the ex-patient. The lawyer is trying to destroy everything with false facts and lies. I need to speak with some one to guide me in a direction correctly and to listen further to the scenario this monster is creating on this case.

    Please help me make good decisions for this very detailed and wrongful case, because it is a cover up to protect the health center from lawsuit and put false blame on the POA & Ex Patient.
    I will check back during the evening to answer replies, but please have long term experience in guardianship cases that get tainted with a crooked lawyer.
    Thank You for your time, I am desperate for help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,817

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    You should speak to the lawyer who is handling the plaintiff's side of the case.

    The question of whether or not the lawyer at issue is a defense lawyer working for the facility, or a guardian ad litem appointed by a court, should be obvious. The plaintiff's lawyer can quickly clear that up.

    It's not clear why the lawyer at issue is making negative assertions about the power of attorney holder; unless this is an action to have the POA holder replaced by a court-appointed guardian, in which case the lawyer really could be a GAL and the POA holder would benefit from being represented in those proceedings if the GAL is recommending that somebody else be appointed (unless the somebody else is acceptable to the POA holder).

  3. #3
    Join Date
    Mar 2013
    Posts
    16,662

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    Quote Quoting Bradmph
    View Post

    Please help me make good decisions
    I see only one lawyer mentioned. The one that apparently working against you and the ex-patient.

    The absolute best decision you can make is to get her to a lawyer of her own.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,159

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    As the agent of a poa, you cannot represent the principal of the poa in legal matters. Your duties are to act on behalf of the principal of,the poa. As the agent, you can hire an attorney (presuming this is a general poa) for the principal. If you believe the principal needs legal assistance, then start looking for one.


    Based on your description of the attorneys actions, I suspect you are the one that might need the services of an attorney, at least if,you wish to continue to be the agent of the poa. It would appear the state is concerned about the care of the ex-patient.

  5. #5
    Join Date
    Mar 2019
    Location
    Washington State
    Posts
    3

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    I am searching for a lawyer. The other side is changing the court papers constantly and updating them because they are losing. It is obvious now that they are just after money to pay their services that were never asked for. Also the person in question that they are trying to get guardianship from has moved 2 states away and has gotten her own insurance , therapy, and medical. So the lawyers in the state she was in are now worried about these inflated cost they are trying to scam over and receive. There are some major issues with the Health center residents rights that they broke during her stay and will probably turn into a lawsuit. The lawyers are worried about this since a formal complaint was file for the breaking of residents rights while in the health facility. The worst being a nurse prescribing psychological drugs to this person without notifying the family of her condition and requesting information on what they think should be done. They acted on their own and were giving the resident prescription drugs when she notified the center that she is not to be receiving any type of prescribed drug. Especially drugs that should be prescribed by a psychiatrist, not a nurse with no experience in the field of psychiatry. The health center has broken so many residents rights of hers that the lawyers are scrambling to try and create a smoke screen. I am finding more and more things the center did which the family was never ever contacted.
    I am again getting a lawyer and will explain this case to them. I agree a lawyer will be needed to represent this case and to show the health center has violation the residents rights in numerous ways and the lawyers were prematurely trying to take a guardianship away from someone who did not require a 3rd party guardianship in the first place. These lawyers and appointed persons all work hand in hand with the health center and has become a conflict of interest for this case and also a bias decision making.

  6. #6
    Join Date
    Jan 2015
    Posts
    1,125

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    I don't wonder you would have a hard time finding an attorney. Let's see, the patient in this case has moved 2 states away and gotten other insurance, therapy and medical (care, we assume.)

    But frankly I am having a very hard time figuring out exactly what is going on because of your lack of specific information and your overly detailed dramatic requests for justice and your psycho-analyzing of the "enemy's" thoughts and hopes and logic here. They're trying to do this and that and they're worried about this and that.....and you're going to do what?

    Is there still a chance these people are going to get this patient away from you so they can mistreat her further? If not, why are you still going after them? It is doubtful from the sound of this, that you folks have a very clear idea of what did happen (a NURSE prescribed an antipsychotic to this patient without notifying her family.....okay, where was her family?) It has been my experience that the care given in nursing facilities does require monitoring by a patient advocate or family member, and the ones who get the most poor care are the ones who do not have people who come and check on them regularly.

    But it sounds as though this person was injured by another patient at some point, and you guys want to sue, right? So what difference does it make if they (the facility) has hired attorneys who are doing "bias decision making"? What decisions? If this person was appointed an advocate or guardian, this did not happen in a vacuum or without some indication it might be needed.

  7. #7
    Join Date
    Mar 2019
    Location
    Washington State
    Posts
    3

    Default Re: Suing an Elder Care Facility for Injury to a Resident

    Case Dismissed on the Guardianship request by petitioner - On the grounds that it was now out of Washington State Jurisdiction and the petitioner didn't even both showing up, only the Guardian Ad Litem showed up. The courts did require proof of moving out of state to California and sent a couple policemen to the new residence to verify good living conditions and a visual of mom and conversation to make sure she was 100% in good spirits, healthy, clean home, and not incapacitated. WA. state APS also called to verify address and spoke to mom.

    Also, we are still following up on a possible lawsuit for injuries that were received on a patient on patient caused. Will update as soon as we get more information concerning this issue.

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