Nursing Homes
Get Legal Help
If your attempts to address a problem directly with the facility staff have been unsuccessful, or if you suspect a caregiver of elder abuse, consider consulting an attorney to see whether legal action may be appropriate.
Choosing a Lawyer
Beware that finding an experienced and suitable lawyer will likely require patience and comparison shopping. That may mean interviewing several individuals by telephone or in person to see whether their experience meets the demands of your case, whether their personal style is compatible or pleasing to you, and whether the costs they quote for legal fees and services seem reasonable and affordable.
Gather a list of prospects. For resolving legal problems with a health care provider, you will probably be best served by an attorney who focuses on Elder Law. It’s usually best to get a list of names of lawyers from sources you respect, such as friends or associates, who have had similar problems. People who provide health care and services — such as discharge planners, geriatric care planners, patient representatives, and ombudsmen in nursing homes — may also be able to help you identify lawyers you should consider.
Specialized groups may also make targeted referrals, including:
Once you have the names of several lawyers, you might want to check them out at the Martindale-Hubbell Law Directory, which contains biographical sketches of most practicing lawyers and information about their experience, specialties, education, the professional organizations to which they belong, and ratings gleaned from confidential opinions.
Comparison shop. The next step is to talk with each lawyer on your list of potential hires. Many lawyers will be willing to meet with you for 30 minutes at no charge so that you can size them up and make an informed decision.
For guidance on what to ask while interviewing lawyers you may hire and as a tool for comparing two or more lawyers, use the questions below.
- How many years have you been in practice?
- How many similar cases have you handled?
- What was the outcome of similar cases you have handled?
- Can you provide a recommendation from a satisfied client I could contact?
- How many cases do you typically handle at the same time?
- What are the possible outcomes of my case?
- What are my alternatives in resolving the matter?
- How quickly can I expect a resolution?
- Do you recommend settling out of court or seeking mediation?
- How will you keep me informed of progress — by telephone, cell phone, fax, or email?
- Who else in the office will be working on my case?
- How do you charge for services and how often will you bill me?
- What is a ballpark figure for the total bill, including fees and expenses?
- Can junior attorneys or paralegals in the office handle some of the administrative work at a lower rate?
- Is there any legwork I can do or documents I can help secure relevant to the claim that might help reduce the legal costs?
Make sure the lawyer is a good fit for you. Pay particular attention to answers to your questions and to the personal rapport between you and your lawyer — and to whether you think he or she took the time to listen to your explanations and to understand your situation fully.
Also, keep in mind that very few disputes actually end up in court, no matter how much you may think that is what you want. Most are resolved in some other way — often by settling or negotiating a solution. A good lawyer may also offer the valuable advice that you do not have a good legal case — or suggest a resolution that avoids a lawsuit, most of which are expensive, time-consuming, and emotionally wrenching.
Be sure to have a clear conversation about legal bills — and to get a written agreement about costs and how they will be charged. By far the most common disagreements between lawyers and clients involve misunderstandings about fees.
Manage the Lawyer
Once you hire a lawyer, be sure you stay active in managing him or her — carefully checking all legal bills for accuracy, keeping track of dates and deadlines in the case, and maintaining your own file of important relevant documents such as receipts for medical expenses or written agreements for care.
You may need to fire a lawyer if the relationship does not work out, or if you feel that your case is not progressing because of his or her neglect or ineptitude. This may require you to search and comparison shop all over again. When you do find a new lawyer to hire, be clear with the first one that you are ending his or her services — or you could end up being legally required to pay both of them.