What are the facts about your rights as a victim of bedsores?

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Often from the onset of bedsores, also described as pressure sores or decubitus ulcers, victims in a hospital or nursing home are led to believe it is their fault. They may be led to believe they don’t have a right to sue and that there is no chance for compensation. It’s simply not true.

Below are some facts about lawsuits and your rights as a patient and victim.

  1. You are able to sue for and recover a monetary award from new injuries and infections and the aggravation of old ones caused by bedsores or pressure ulcers.

  2. The defendants insurance company may ask you for a recorded statement describing the appearance of bedsores and your treatment. Remember you have no obligation to give them such a statement, nor is it wise to do so.

  3. The defendant’s insurance company will ask you for authorizations to obtain your medical records. DON’T DO IT. Let your attorney release your records after he or she has reviewed them. It’s best not to offer information by yourself.¬†

  4. Some insurance companies will offer you money to settle the case before you contact an attorney. In this situation the insurance company knows they will have to pay out money and they hope to settle the claim before you hire an attorney who can negotiate and demand a higher amount. Always consult an attorney if an insurance company is offering you money. By doing so you will in all likelihood increase your net recovery even after taking out the lawyers fee.

  5. Once a bedsore case is settled and the defendant is released, regardless of whether you make a full recovery or not, the money you received cannot be taken away, it is your money…tax free.

  6. Continue to full article>

Use our Free Bedsore Lawsuit Evaluator> or feel free to contact me for more information.

Brian A. Raphan, PC  email: bedsores@RaphanLaw.com

Medicaid isn’t just for Nursing Homes: #Homecare

Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. In some states, even family members can get paid for providing care at home.

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Medicaid is a joint federal-state program that provides health insurance coverage to low-income children, seniors, and people with disabilities. In addition, it covers care in a nursing home for those who qualify. Medicaid home care services are typically provided through home- and community-based services “waiver” programs to individuals who need a high level of care, but who would like to remain at home.

Medicaid’s home care programs are state-run, and each state has different rules about how to qualify. Because Medicaid is available only to low-income individuals, each state sets its own asset and income limits. For example, in 2019, in New York an applicant must have income that is lower than $845 a month and fewer than $15,150 in assets to qualify. But Minnesota’s income limit is $2,250 and its asset limit is $3,000, while Connecticut’s income limit is also $2,250 but its asset limit is just $1,600.

States also vary widely in what services they provide. Some services that Medicaid may pay for include the following:

  • In-home health care
  • Personal care services, such as help bathing, eating, and moving
  • Home care services, including help with household chores like shopping or laundry
  • Caregiver support
  • Minor modifications to the home to make it accessible
  • Medical equipment

In most states it is possible for family members to get paid for providing care to a Medicaid recipient. The Medicaid applicant must apply for Medicaid and select a program that allows the recipient to choose his or her own caregiver, often called “consumer directed care.” Most states that allow paid family caregivers do not allow legal guardians and spouses to be paid by Medicaid, but a few states do. Some states will pay caregivers only if they do not live in the same house as the Medicaid recipient.

To find out your Medicaid home care options, feel free to email or give me a call.

Regards,

Brian

More about Medicaid Planning>

 

Questions? Contact us at Brian A. Raphan, P.C.

Brian A. Raphan, P.C.
7 Penn Plaza, 8th Floor | 7th Avenue between 30th and 31st Street | New York , NY 10001 http://www.raphanlaw.com
Phone: (212) 268-8200 (800) 278-2960
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