What to do if my mother is in a nursing home and has incurred a debt of about $8,000 because the nursing home was negligent in handling of her health insurance papers?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my mother is in a nursing home and has incurred a debt of about $8,000 because the nursing home was negligent in handling of her health insurance papers?

She is on Medicaid but was put in debt for the first 3 months of her stay. I know that I can sue the nursing home for negligence (they also are in bankruptcy) but would it be better if I file bankruptcy for her for this debt

Asked on December 28, 2013 under Bankruptcy Law, New York

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 10 years ago | Contributor

I would not advise a bankruptcy for an 8,000.00 debt.  Filing for relief under the code depends upon the totality of the person's financial situation.  Does your mother have any assets?  A home? A life insurance policy with cash value? Even a car may be jeopardized.

If the nursing home is in  bankruptcy, and they alledge that your mother has a debt, you may have a reason to dispute the debt based upon their negligence.

Your question poses far more questions than can be answered in thus forum and and a lot more facts.  I would advise you to consult with counsel experienced in elder law representation to investigate your options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption