How Is Medical Malpractice Proven In Florida?

How Is Medical Malpractice Proven In Florida?

A medical malpractice case in Florida is much different than a motor vehicle crash, slip and fall or another type of personal injury accident. Medical negligence is governed by state statutes and interpreted through case law. Additionally, Florida’s legislature has taken many steps to make it more difficult for individuals to seek compensation against health care providers. This makes medical malpractice cases more challenging for injury victims to win than in other personal injury cases. While it is difficult to obtain damages from medical negligence, that does not mean it…

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Will New York State take my home and my other assets before I can qualify for Medicaid to pay for a nursing home or home care?

Will New York State take my home and my other assets before I can qualify for Medicaid to pay for a nursing home or home care?

The greatest concern expressed by my clients is whether or not they will outlive their money, particularly when it comes to paying for nursing home care. Many times they are under the misconception that their regular coverage, such as Medicare, will pay for long-term care at home or in a facility. Although Medicare and other health insurance will often pay for limited stays at a facility for skilled needs or rehabilitation, they will not pay for permanent long-term care. The only private insurance that pays for such care is long-term care insurance, which very few people…

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How do I get a guardianship or a conservatorship in Colorado?

How do I get a guardianship or a conservatorship in Colorado?

A guardianship case is started by the filing of a Petition for the Appointment of a Guardian for an Incapacitated Person by the petitioner in the place where the incapacitated person resides or is present. A conservatorship case is started by the filing of a Petition for the Appointment of Conservator by the petitioner in the place where the incapacitated person resides, or, if he or she does not reside in Colorado, any place where he or she has property. Typically, the two petitions are filed at the same time.…

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How does probate work for an estate in Colorado?

How does probate work for an estate in Colorado?

Probate is the legal process under which an estate is established to disperse the decedent’s assets through his or her Will, or through the state intestacy laws, if the decedent dies without a Will. All probate estates have a person known as the Personal Representative (PR) who is responsible, under court supervision, for the administration of the decedent’s estate. The administration of an estate is obviously an important process. It clears title to the decedent’s property, settles legitimate debts and eliminates others, and protects the PR in making distributions of…

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What should I look for when choosing a New Jersey divorce lawyer?

Wills in addition to General Financial Powers of Attorney and Medical Durable Powers of Attorney (POA) are highly recommended estate planning documents. Additionally, individuals may choose to execute CPR directives or purchase Long-Term Care insurance from their respective health care provider and insurance agent. A Will is a legal document that allows for the distribution of your property upon your death. Wills can come in many different forms, from very complex that have different trusts for tax planning purposes to simple. Each Will should be tailored for the client’s individual…

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How do I file a Complaint against a nursing home in California?

How do I file a Complaint against a nursing home in California?

There are several types of complaint you should consider filing, and I will discuss each in turn. In California, most nursing homes are regulated by the Department of Public Health, Licensing and Certification division (“Licensing”). If you believe a loved one has been neglected or abused by a nursing home and suffered injury as a result, you can contact the local Licensing office to file a complaint against the nursing home. Once you have filed your complaint with Licensing, it is obligated to perform a prompt investigation of your complaint.…

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Can I sue for will or trust fraud in California?

Can I sue for will or trust fraud in California?

Yes. In California, there are several types of will and trust fraud. One common type of trust fraud involves a situation where the trustee engages in self-dealing or other dishonest conduct to the detriment of the beneficiaries of the trust. The trustee of a trust owes a fiduciary duty to the beneficiaries of the trust. This means that the trustee must act in the best interest of the beneficiaries. If the trustee does not do so, the beneficiaries can file a lawsuit against the trustee in probate court. In that…

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Has Someone You Know in California Been a Victim of Elder Abuse?

Has Someone You Know in California Been a Victim of Elder Abuse?

When you have an elderly loved one who cannot live on his or her own any longer, it can be frustrating to question whether they’re receiving proper care. Whether the older adult lives at home with an in-home caregiver, or resides in a local nursing home, assisted living facility or residential care facility for the elderly (RCFE), elder abuse can be a serious issue. There are many different forms of elder abuse, including physical, emotional and financial, as well as neglect. You may be asking yourself, “Has someone I know…

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What Constitutes Undue Influence in California?

What Constitutes Undue Influence in California?

How do older adults in California make decisions about important financial issues and healthcare matters? And when should we worry that they may have been unduly influenced by another person? In 2014, California law defining undue influence changed; legislators were concerned about contemporary issues surrounding elder care, and wanted to ensure that the definition properly addresses concerns about undue influence in estate planning and in probate. Because, when an elderly adult in California writes a will or makes a decision about a durable power of attorney, it is important to…

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