Legal Question in Civil Litigation in California
Payment to unlicensed home health care agency
My mom broke her hip a couple of years ago & as a result had to hire a 24/7 caregiver thru a home health care agency. The caregiver needed to have specific nursing skills in order to dispense heart & other medications to my mom. The caregiver agency told my mom & the family that they were fully qualified & licensed to provide caregivers with nursing skills. My mom paid the agency over $100,000 over the course of a couple of years. Some questionable things happened the day my mom died while under caregiver's care. After the family questioned the caregiver & the agency about what happened the day my mom died, we received unsatisfactory answers. We therefore investigated the agency & found that they were NOT licensed by the CA Dept. of Health Svcs. as they were required to be in order to provide nursing services. The agency was shut down few years ago & CDHS didn't know they had reopened. The family requested I not pay the final $2,250 bill to the agency since it was evident that they were fraudulently working for my mom without the proper qualifications & licensing. Are we legally obligated to pay this company which lied to our family & fraudulently worked for my mom without being properly licensed to provide nursing care?
4 Answers from Attorneys
Re: Payment to unlicensed home health care agency
We would be interested in talking to you more. Please review our website at www.lawgarcia.com. If we fit your criteria for potential counsel please fill out the "free case review" information on the web site and we will contact you immediately.
Re: Payment to unlicensed home health care agency
I would be very interested in discussing this matter with you in detail, and knowing what "questionable things" happened the day your mom died. It is possible that you may be entitled to receive back some of the $100,000 you have paid in services, and depending on the facts, additionally you may even be able to sue the agency for considerable money because of your mom. I have handled personal injury matters against large entities, and would like to discuss this matter with you as soon as possible, if you would like my assistance. Of course, the consultation is free and no obligation.
Kind regards,
Daniel Bakondi, Esq.
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Re: Payment to unlicensed home health care agency
You have several legal issues.
Not only should you NOT pay any remaining bills; you could file suit for recovery of the money paid.
If you are saying they had something to do with her death - improper or negligent treatment, then you could add to that suit claims for wrongful death, elder abuse, and malpractice.
You should file criminal and regulatory complaints with the police, state licensing agencies, etc.
If you're serious about taking action on this, feel free to contact me.
Re: Payment to unlicensed home health care agency
I think payment should be the least of their concerns. If you'd like to discuss this matter in more detail, call me.
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