My mom has been falling on purpose to get attention and hurting herself and the doctor has told her the next time she falls shes going into the nursing home ,which means I have to get a job and uproot my children out of our home where we finally got to have for the past two years , I have been seeing about my mom thats why I haven't been working.
Instead of suing your mother, who probably also has some dementia, rethink how you are interact with her. If she sits in front of a television all day and is treated as a houseplant, she may be bored or just wants SOMEONE to notice her. Check with your community for Eldercare services, as they may have a Social Worker who can come and assess her needs for you.
It is admirable to be able to take care of our parents but it is a job we must want to do! They cared for us and now it's our turn to repay them.
I think that you can sue just about anybody for just about anything, but that doesn't mean you'd win. How could you prove that she's "doing it on purpose"?
I take it that you moved your family into your mother's home a couple of years ago, and have been her caregiver. Is that right? And now that her doctor is suggesting that she needs more care than you can provide, you are worried you will have to move out and get a job to support your family. Hmmm ...
Have you looked into what it would take to get her into a nursing home? If she has no other assets besides the house, she will probably need to apply for Medicaid. I believe in most cases she does not have to give up the house, although after she dies Medicaid may have claims on it to repay what they have spent on her care. Whatever income she has coming in each month will probably need to go toward her room and board in the nursing home, with small allowance for personal expenses. So, yes, it does look like you'd have to make other arrangements for your own living expenses, but perhaps could continue to live in her house.
It is up to you, but instead of getting a lawyer to sue Mother, I think it would be a better investment to contact an Elder Law attorney to help set things up for if/when she needs to be cared for in a skilled nursing facility.
No job is guaranteed to be forever. Companies close. New managment wants to bring n their own people. Companies merge and downsize. In the case of caregivers, clients get better and don't need continued care, or they get worse and need more care, or they decide they'd prefer a different setting. Or they die. When you took on the job of caregiving Mother, with the job benefits of you and your children having a home and support, there was always the possibility that it wouldn't last forever.
Good luck to you as you work through what is best for Mother and how to support your family.