A viewer says his neighbor was placed in a nursing facility after having a stroke. He has been abused since by the resident of the facility. Since he’s incapacitated, how can he sue? Personal injury lawyers Greg Fellerman and Ed Ciarimboli offer legal advice.
Dave Kuharchik: We got a question tonight about a nursing facility. Back with us for “The Law & You,” attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen, as always it’s a pleasure.
Ed Ciarimboli: Pleasure to be here. Did you have a good Easter?
Dave: I did. Yeah, you know, getting back into the swing of things, you guys?
Ed: Oh, fantastic.
Greg Fellerman: I ate a lot of chocolate.
Dave: Greg’s in a chocolate coma, we’ll give him a second to recover. Let’s get to the question in the meantime. Mary from Nuangola says, “My neighbor was in a nursing facility after a stroke and the resident abused him. What does he need to do to file a lawsuit since he is incapacitated?” What can you tell Mary?
Ed: So, Mary, this is a little more complicated than you would think. Because he’s incapacitated, and if he doesn’t have a power of attorney or a guardianship already appointed, first thing that’s going to need to happen is you’re going to need to have a guardian ad litem appointed, which is a guardian to pursue litigation. His doctor is going to need to fill out a form, possibly testify, that he’s incapacitated and not able to make decisions on his own behalf. The court will then appoint a guardian to pursue any litigation. So, it’s a little bit of work and it’s a time-consuming process. We’ve done it quite a bit in our medical malpractice cases, in our trucking cases, things of that nature. That’s the first step that you need to do. And also to get the records.
Greg: Another thing too, with these nursing homes is we’re seeing is a lot of legislation these days coming out of Harrisburg trying to limit the elderly’s rights to recover, capping damages, so the people in the nursing homes aren’t going to be protected. And I think people need to pay attention to these laws coming up and let their legislators know, “Hey look, we need to protect our elderly and they need all the rights the law affords them.” Don’t be limiting those, because there’s some stuff coming out of Harrisburg next couple of months that are not good for our elderly.
Ed: And I don’t want to make his ego any bigger, but there’s nobody out there working harder for consumer rights then my partner is and in conjunction with the Northeast delegation, Republicans and Democrats are doing an outstanding job protecting consumers and protecting the elderly. Greg has been working hand-in-hand with these folks and doing an excellent job.
Dave: That’s going to do it tonight. Results matter with Ed Ciarimboli and Greg Fellerman.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.