Legal Question in Personal Injury in California

nursing home neglect and abuse..resulting in death

I placed my disabled daughter in a nursing home facility for 72 hrs for some needed respite. I took her dinner in to feed her 48 hrs later, and found her deceased. The staff gave her a drink of water and she aspirated and choked to death. The nursing home hasn't any insurance...now I'm in need of an attorney and cannot find one to fight this because of the fact the facility has no insurance. My daughter was a human being that felt pain, and gave love. Whats happen to our system...no one will help me..


Asked on 3/24/08, 11:56 pm

3 Answers from Attorneys

John Bisnar Bisnar & Chase, LLP

Re: nursing home neglect and abuse..resulting in death

If there are truly no insurance or assets that can be reached, then the pursuit of a civil case will not be economically successful. The best law firms are not going to touch a case where there is no possibility of a recovery of money.

It would seem that if the nursing home is a corporation, in your situation the corporate veil maybe able to be pierced.....what that means is, there may be away to go behind the corporation to the people who are benefitting from the profits of the nursing home.

On another note, we are doing an article on under funded and uninsured nursing homes. We would love to include your experience. Contact us if you are interested.

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Answered on 3/25/08, 3:51 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: nursing home neglect and abuse..resulting in death

I can comprehend your pain, but Mr. Bisnar has given you a very wise answer.

Past of a law suit for damages is to find someone to pay for the damage. You don't seem to have that here.

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Answered on 3/25/08, 5:47 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: nursing home neglect and abuse..resulting in death

You should report the home to the Department of Health and the California Attorney General's office for investigation, and if warranted prosecution. Lawyers have to get paid for their work, and without insurance it is an uphill battle to say the least. I understand your despair.

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Answered on 3/25/08, 8:51 pm


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