Legal Question in Elder Law in California

Can legal action be taken on behalf of an elder person?

My 79 yr. old mother fell in a local hospital at my fathers bedside. She tripped over a compressor they had placed at the foot of his bed to operate a special mattress. She was knocked out and fractured her hand. She was seen in their ER and sent for follow-up to another doctor outside the facility. The hospital said they would pick up any amount of bill that Medicare didn't pay. Since this happened (March )we are still having to deal with a balance that simply never gets paid although calls to the hospital assure that it will be taken care of. Can I help her legally or is that not the way to deal with it? This balance is distressing to her (father died, income limited). The accident took place March 3, 2002. Thank you


Asked on 12/04/02, 11:41 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Can legal action be taken on behalf of an elder person?

Perhaps the hospital can make that commitment in writing, which you could then send to the people billing you. They certainly should be willing, as they could be liable for a lot more money if your mother filed a personal injury lawsuit against the hospital.

Be aware that the statute of limitations on such a claim is one year from the date of injury (6 months if suing a government entity), so any resolution would have to come before that time limit is up.

She may wish to consult with an attorney before signing any settlement or release.

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Answered on 12/04/02, 11:57 am
Terry A. Nelson Nelson & Lawless

Re: Can legal action be taken on behalf of an elder person?

She can file suit or make claim, with assistance of family and through counsel. For anyone else to do so on her behalf requires guardianship or conservatorship, if she is not competent to do so herself. Contact local counsel for help.

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Answered on 12/04/02, 3:15 pm


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