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anonymous806474 Asked November 2018

Is there a clause on NH contracts that gives you an inability to sue the premises?

..seems I read this somewhere...they have lot of accidents

Ahmijoy Nov 2018
Athena, Igloo is absolutely right. Elderly people fall in nursing homes all the time. It would not be wise to open expensive litigation over a scraped elbow or bruised knee. NH also has to file an incident report when anyone falls or is otherwise injured and a copy goes to the state.

If you feel overwhelmed by all the financial and legal aspects of handling your father’s estate, seek out an Elder Law Attorney. The expense would be worth it to get some peace back into your life and put these worries and thoughts aside so you can properly mourn for your father. Once you enlist legal counsel, you can direct all collections calls to them. It’s very worth it.

igloo572 Nov 2018
Athena - it’s NOT YOUR DEBT, all of this.... the doctor & hospital bills, the NH bills, whatever Medicaid Estate Recovery claims, any old CC debt, etc. they are all debts against your late fathers estate.

only & unless you personally signed to be financially responsible for him, could his debts be yours. If you didn’t do that, then they cannot be attached to you. Depending on how ruthlessness of a collections agency each debtor has, collections will heavily imply that it’s yours & you gotta pay..... that’s not true.

to me to have to do something to quell all this so that it’s manageable for your life. Your still grieving his death and I’ve gotten the vibe that you were very much daddy’s girl so your really feeling his loss and dealing with what if’s. One reason why collections leans hard right now & to get you to agree to things is that they know you are vulnerable.

You need to to come up with a set response to all this.... my suggestion is that you tell them that “his family - including yourself- will be opening probate in the near future, and that any debtors will need to file their bill as a debt against his estate”. Have a little notepad or make a note on your phone as to which debtor you told verbally and then do a generic letter on this to each & mail it off to each debtor bill your dad receives.

Spend the $ 8.00 or so to mail each certified mail with the return registered card from USPO so you have valid proof that they were notified. Really if you do this it will lift a huge monkey off you back that your feeling. And it’s not a cute lil’ Capuchin monkey but a nasty old orangutan.

As far as suing a NH, most NH, credit cards companies, have within the initial contract or agreement that any issues / lawsuit must go through arbitration. You cannot sue. It has to be arbitration.
kellse Nov 2018
Wasnt there a law passed last year about having to go through arbitration and no more suing?

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Ahmijoy Nov 2018
When I placed my mother, I was told she needed a sitter. She didn’t. It was the NH covering their behinds. Finally, I was the one who contacted the agency who provided the (expensive) sitter and discharged her. Now, my mom fell a lot in the NH too.

Nowadays, you can sue anyone for anything. In order to sue a nursing hime, you’d have to provide proof they were negligent. That might include visual evidence and interviewing any staff present when the accident occurred. They’re not going to “rat” on their employer because they’d be out of a job.

If it were me and and I noticed an inordinate amount of accidents, I’d contact the state department who oversees facilities and report what you’ve seen.
anonymous806474 Nov 2018
Isnt it true that in the new documents that a caregiver daughter signs..there is a hidden clause that indemnifies the NH....my Dad died after four mos and Iam not suing but there is a clause..I do not have the contract in front of me as Iam quite surprised today that I have a double bill one from Nursing Home
for 6 thousand dollars to cover after Medicare 20 days stopped...and Medicaid application delayed pending..due to my having 10 thousand in dads ACCOUNT
until I was able to buy a Funeral Trust (DID NOT HAVE A ELDER LAWYER).plus Medicaid wants the money
they shelled out for 13,000=19,000 I owe now along with the 1850.00
that I gave monthly soc and va money A&A. which came to about 10,000
SO NURSING HOME AFTER DEATH GETS AROUND 30,000 FOR 41/2
MONTHS =AROUND SEVEN THOUSAND PER MONTH...……………………..WHY APPLY FOR MEDICAID!!!!!ITS A LOAN PEOPLE!!!!
briefly Iam a naïve person with no lawyer should have gone to legal aid at the college but my brother died quickly and Dad had to go to a NH..no preplanning for me just grief...…………………...o yes I was told if Dad had a very good supplement it would have covered the after 20 day period when Medicare stops...………………………………………..so listen people poor people
get scammed due to their own stupidity or you go into these places then you have bills and business for everybody...………………….Iam surprised and
I know that most people do not pay fort the deceased Credit CArds but the bank will take your money if u are stupid...…...why would Medicaid the poor have an expensive supplemental policy in the first place?????why doesn't the Medicaid office tell you not to bother applying bullshit as you will be billed anyway probably because the Government is clamping down on all the seminars of the more informed protecting assets...……………..ok that's my story.,.so beware entering the premises of the NH,unless you can pay 6.7.9
thousand per month run and find someone to stay at home its not worth the hassel and you pay anyway...………………………………………...

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