suit against the va ?

[quincy]

well as of now everything has went well.. dear old dad hasn't taken a step yet and is ready to go home..lol no post op issues as of now.. we are discussing if he wants to get an atty to represent him in the accident..

im going in tomorrow to see his caseworker and maybe his doctor to see what the follow up care/treatment will be

Thank you for the update, pac72.

It sounds as if your dad-in-law is ready to resume his pre-accident life (even though his body no doubt will need additional time).

Sometimes the spirit takes longer to recover than the body. It is a positive sign that your dad-in-law's spirits seem up.

 

[laurakaye]

What is the name of your state?pa
today while at the va my father in law was injuried, apparently the elevator he was getting on malfunctioned . as he was entering it the door began to close then the elevator started going up before the door closed. at that time he fell and broke his hip,
he was then admitted and examined- apparently a major break in his femur/hip socket..as of now he is scheduled to have his hip replaced this Thursday.
with him being 93 yrs old ,this is most likely a major life changing event for him. or god forbid he doesn't make it thru surgery.. up till today he was the energizer bunny , always out and about...

is the va exempt from such an injury suit ? this may put him in a nursing home for good.. he said someone that was on the scene told him that another person was injured by that same elevator last week

Not to mention that elevators have their own set of rules regarding maintenance and inspection - if the elevator wasn't properly maintained, that's another legal issue.

https://www.dli.pa.gov/ucc/Pages/Elevator-Plan-Review-and-Inspection-Requirements.aspx#F

 

[quincy]

Not to mention that elevators have their own set of rules regarding maintenance and inspection - if the elevator wasn't properly maintained, that's another legal issue.

https://www.dli.pa.gov/ucc/Pages/Elevator-Plan-Review-and-Inspection-Requirements.aspx#F

An elevator maintenance report would be reviewed as a standard part of any retained-attorney's investigation into an elevator accident claim considered against the VA.

 

[laurakaye]

An elevator maintenance report would be reviewed as a standard part of any retained-attorney's investigation into an elevator accident claim considered against the VA.

I'm sure you're right.

 

[pac72]

well, fil is coming along well enough to be put in personal care soon. he doesn't seem to want to deal with an attorney,
wanting us to do it.
he just wants to "talk with them about some $ , which we said DONT try to negotiate w the va yourself..

would a power of attorney work for us to speak/act on his behalf in this manner ? they are being strangely silent on things..like transferring him to the nursing facility, they called and asked my wife if we could transport him or he would have to pay transport costs...luckily I wasn't around for that phone call

apparently they are billing medicade for his treatment/care...

 

[quincy]

well, fil is coming along well enough to be put in personal care soon. he doesn't seem to want to deal with an attorney,
wanting us to do it.
he just wants to "talk with them about some $ , which we said DONT try to negotiate w the va yourself..

would a power of attorney work for us to speak/act on his behalf in this manner ? they are being strangely silent on things..like transferring him to the nursing facility, they called and asked my wife if we could transport him or he would have to pay transport costs...luckily I wasn't around for that phone call

apparently they are billing medicade for his treatment/care...

Your father-in-law can designate someone to act on his behalf through a power of attorney document. Consulting with an elder-law attorney and having this attorney draft the POA for father-in-law is advised. The POA should limit the types of decisions that can be made.

 

[pac72]

we are currently awaiting a reply from a local atty I sent dads contact info to last night so hopefully they contact him soon..then all he has to do is assign us as his reps for the suite hopefully.

id guess it would be a limited power of atty ?

 

[quincy]

we are currently awaiting a reply from a local atty I sent dads contact info to last night so hopefully they contact him soon..then all he has to do is assign us as his reps for the suite hopefully.

id guess it would be a limited power of atty ?

The power of attorney document should detail what sort of decisions can be made (e.g., medical, financial). The attorney your father-in-law speaks to should be able to answer any questions he and you and your husband have.

 

[Taxing Matters]

would a power of attorney work for us to speak/act on his behalf in this manner ?

He could give you a POA to go out and find an attorney for him. But once hired the attorney works for your father-in-law, not you, and it is really best that the lawyer discuss matters directly with him rather than with you as an intermediary. First, if you are the intermediary that might waive teh attorney client privilege, which would not be desirable. Second, getting information second hand slows things down and increases the chance of miscommunication.

You could also get a POA or information disclosure authorization from your father-in-law to discuss his medical issues with the medical facility so that you can understand what is going on.

 

[quincy]

It sounds as if pac72 is having the attorney contact her father-in-law directly. Her father-in-law can tell his attorney that he wants his son and daughter-in-law present to discuss the POA.