Nursing Facilities
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.
Be aware 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:
Comparison shop. Talk with each lawyer on your list of potential hires. Many lawyers will be willing to meet with you for 30 minutes or so at no charge so that you can size them up and make an informed decision.
When interviewing lawyers you may hire and comparing two or more lawyers, consider asking these questions:
- How long have you been in practice?
- How many similar cases have you handled and what were the results of those cases?
- Can you provide a recommendation from a satisfied client I could contact?
- What are the possible outcomes of my case and how quickly can I expect a resolution?
- What are some alternatives in resolving the matter?
- Do you recommend settling out of court or seeking mediation?
- How will you keep me informed of progress — by telephone, 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?
- Is there any legwork I can do or documents I can help secure 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 through mediation. 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.
Finally, 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.
