Nursing Home Abuse Lawyers - How to Find a Lawyer To Take Your Case


  

 

There is no excuse for nursing home abuse. Causing intentional harm or pain - whether physical, mental, psychological or sexual - is not just totally unacceptable, it is illegal.

No nursing home resident should be subjected to abuse, yet far too many are. Often caretakers (regardless of whether or not they are underpaid) take out their frustrations on nursing home residents by pinching or scratching…as if that somehow is better than hitting them (which also happens). Or they berate or belittle the patient, treating the nursing home patient as something less than human.

Caretakers may also try to make their jobs easier by immobilizing a patient or ignoring them when they need to be moved to avoid bedsores or to have their diapers changed.

Regardless of the rationalization a caretaker might make, there is no excuse for this treatment and it is a violation of both state and federal laws.

If a family member suspects abuse might be going on, the first thing they need to do is to talk to the nursing home administration to get it to stop immediately. Unfortunately, family members might not discover the abuse until it is too late…or the nursing home administration might try to sweep it under the table.

As a result, it might be time to hire a lawyer who handles nursing home abuse cases.

Since many nursing home residents have trouble communicating, abuse in nursing homes can be hard to detect or prove. That being the case, nursing home abuse cases often require a lawyer who specializes in nursing home abuse to prove the resident was subject to abuse.

To find skilled legal help with your potential nursing home abuse claim, FindLaw offers an online legal directory that allows you to search for a law firm or attorney specializing in nursing home abuse near you.

Simply type in “nursing home abuse” in the Legal Issue box and your location or zip code in the Location box, then hit the Find Lawyers button. The results will provide you with a list of attorneys in your area (as well as a separate extended area list) of lawyers who can help you with your nursing home abuse case. For more articles like this, bookmark www.ElderAbuseLawyers.info

Author: Jackie Jones


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Elder Abuse Lawyers and How To Spot Elder Abuse

Elder abuse lawyers assist their clients with resolving issues of one of the most heinous and disgusting crimes, that of abuse to senior citizens.  I know many people who  are contending with aging parents and grandparents, and they struggle with finding good quality care.  Here are some tips as to how to spot elder abuse, as well as things to think about if you are looking to put a loved one in a retirement community or other kind of assisted living or home care scenario.

Discuss these issues openly with your elderly loved one, they need to know that they do indeed have a voice, and if they are suffering from any abuse, they should never feel that they must suffer in silence. 

How To Spot Elder Abuse

Elder abuse is described by the following acts among family and members of the household, any nursing home staff or any individual.

- When somebody attempts or causes physical injury to an elder
- When the family member or staff of a nursing home try to or is trying to place an elder in terror or alarm of physical harm by torment, threat or harassment
- When one is convincing or persuading an elder by strength or intimidation to participate in a certain act from which the elder has the right to withhold
- When one meaningfully confines the movements of an elder without his consent
- Threatening the elder to a crime of violence

 1. Detecting Abuse:

- Burn markings from cigarette
- Black eye, lacerations, bruises or cuts that can not be explained
- Rope marks, a sign that the elder had been tied or slashed upon
- Hair loss, a sign that the elder’s hair was pulled

- Bodily sores and wounds
- Fingernails that are broken
- The elder’s skin is very poor condition
- Fractures of the bone
- Bite marks
- Eye glasses are broken
- Laboratory results are positive of drug overdose
- The elder displays a sudden change of behavior
- The care giver refuses to allow visitors to see the elder

2. Signs Of Neglect:

- Sores are untreated
- Displays significant signs of malnutrition
- May show signs of insanity
- Lack of personal hygiene care

3. Signs Of Emotional Abuse:

- May display a nervous behavior
- Constantly be disturbed or upset
- Displays a negative attitude
- Always in anxiety
- Demonstrate signs of insecurity, such as constant sucking or biting of the fingers

4. Financial Abuse:

- Unknown withdrawal from the elder’s account
- Unusual ATM withdrawals and switching of accounts
- The elder tends to withdraw money often
- The elder does not receive his pension or Social Security check from the mail
- The elder, without any valid reason, revises his will and changes his beneficiary
- The elder unexplainably signs contracts that results to unwanted financial commitment
- Signature was forged
- The elder has plenty of unpaid bill, despite his assets that can very well cover the bill

- Strange credit card charges

5. Signs Of Sexual Abuse

- Mysterious and unexplained genital infection
- Anal or vaginal bleeding that can not be explained

- Ripped underwear
- The elder may tell someone that she has been sexually abused
- Genitals are bruised
- The elder may report that her care giver is showing her pornographic materials
- The report of the elder that she is forced to touch someone’s genitals, observe sexual acts, tell dirty stories and pose nude for a picture

6. How Can You Prevent Abuse To Yourself As An Elder?

- Keep and continue contacts with friends and neighbors
- Work out on a buddy system with other elders in the home
- Be active socially, do not be in isolation
- Protest and speak up if you are not happy or contented with the way your caregiver or other family member treats you. Tell somebody

- Request your friends and other relatives to visit you often
- Open your mail personally
- Never sign anything unless it was reviewed by someone that you trust
- Always review your will once in a while

- Coordinate so that your pension or Social Security check be deposited directly to your bank account than being sent by mail

7. How Can You Prevent Abuse To Others?

- Pay attention. Be wary and look out for signals that might point towards abuse
- Call your loved one as frequently as possible
- Visit your loved one often and make certain that she is well taken cared of
- Always be open to your loved one, taking the time to always talk to her and assure her that you are there to help and can be trusted
- Get permission to periodically look into your loved one’s bank accounts as well as credit card statements for unauthorized withdrawals or transactions

8. How To Get Help If You Or Someone You Know Is Suffering Abuse:

911 or your local police emergency number or your local hospital emergency room

1225 Eye Street, NVW Suite 725
National Center on Elder Abuse
Washington, DC 20005
(202) 898-2586
Fax: (202) 898-2583

Area Agency on Aging
Almost all States have information as well as a referral line that can be useful and helpful in locating and finding services for elder abuse and neglect victims.

National Domestic Violence Hotline
The hotline provides support counseling for victims of domestic violence and provides links to 2,500 local support services for abused women. The hotline operates 24 hours a day, every day of the year.
1-800-799-SAFE
TDD 1-800-787-3224

By: Rosie Fletcher -

Article Directory: http://www.articledashboard.com

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Elder Abuse Lawyers and Warning Signs of Nursing Home Neglect-Abuse

Elder Abuse Lawyers presents the following article that highlights some of the signs to look for if you believe that a loved one is possibly being abused in their nursing home care, or in someone’s care.  Elder abuse is a shocking crime, and all too many of our elderly suffer at the hands of caretakers.  Be sure to look for these signs to stop the abuse or neglect, and contact an elder abuse lawyer immediately for legal support and advice. 

Did you know that about 30% of nursing homes in the U.S. have been cited for abuse, yet they continue to operate? The real numbers on abuse are unknown, because most goes unreported. Nursing home neglect is a form of abuse, which often goes unnoticed, but can turn deadly. We entrust our loved ones to nursing homes believing they will be safe and well cared for. Learning to recognize the signs of abuse can save the life of someone you love.

What is abuse?

Nursing home abuse includes:

Neglect

Physical abuse

Mental/emotional abuse

Sexual abuse

The signs can be difficult to spot because they are often hard to distinguish from the normal effects of aging, but careful vigilance is necessary to protect those we love.

Signs of Neglect

Weight loss, diminished appetite, becoming less active, and even falls and easy bruising are normal parts of aging, but neglect can accelerate all of these problems and lead to an early death. Signs of neglect include:

Malnutrition

Dehydration

Weight loss

Clothes becoming too large

Dirty bedding

Dirty clothes

Poor hygiene

Bed sores

Infections

Sunburn

Unexplained bruises and/or injuries

Signs of physical abuse

Unfortunately, physical abuse of nursing home residents is not uncommon. Victims are often afraid to complain about abuse, since they have been threatened with even worse reprisals, and some are incapable of voicing their concerns. Warning signs include:

Open wounds

Bruises

Bruises or abrasions caused by restraints

Unreasonable sedation

Unexplained injuries

Withdrawal

Confusion and dementia

Sudden rude behavior toward family members and friends

Unusual behaviors such as sucking, biting or rocking

Signs of mental or emotional abuse

With no visible physical injuries, mental/emotional abuse can be more difficult to spot, but it is no less dangerous, and can make life a living hell for nursing home residents. Victims are often told and convinced that if they report this kind of abuse they will be putting themselves or their loved ones in danger. Sings include:

Erratic behavior

Irrational fear

Agitation

Depression

Withdrawal

Confusion and dementia

Loss of appetite

Refusal to socialize or participate in activities

Unexplained enforced isolation

Refusal to respond or communicate

Sudden rude behavior toward family members and friends

Unusual behaviors such as sucking, biting or rocking

Sudden, unexplained decline in health

Signs of sexual abuse

Though most of us find it hard to imagine, sexual abuse is a very real problem in nursing homes. The abuse is perpetrated either by the workers at the nursing home or other tenants. Victims are often unable or too ashamed to report sexual abuse. Signs to look out for include:

Unexplained genital infections

Unexplained genital or anal irritation or injury

Unexplained difficulty walking or sitting

Bruises and/or thumbprints around the breasts, buttocks, inner thighs, or genital area

Rope burns on wrists or ankles

Torn, stained, or bloody underclothing

Stained or bloody sheets

Fear, anxiety, or combativeness when a specific staff member attempts to help with bathing, dressing, or toileting


Author: Sara Goldstein

Article Source: http://EzineArticles.com/?expert=Sara_Goldstein

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Elder Abuse Lawyers and When to Contact A Nursing Home Attorney

Elder Abuse Lawyers presents the following article on when to contact a nursing home attorney or lawyer specializing in elder abuse.  If your loved one has been abused, injured, or even worse, you need to know that the law is on your side, and the side of your loved one.  Get legal advice to know what steps you can take to help your loved one recover physical, emotionally, even financially. 

In situations where there has been a specific incident involving a serious injury or abuse, the nursing home resident themselves or their family will seek out the advice of a nursing home attorney for representation.

The majority of nursing home neglect cases are far more subtle and many people are hesitant to seek out an attorney. The best rule of thumb is to trust your instinct. If something doesn’t seem right–it’s probably not. Because most cases of nursing home neglect involve ongoing mistreatment, it is important to contact an attorney when you begin to suspect the nursing home may be treating your loved one improperly.

Pay attention to the physical signs. Most elderly are hesitant to report situations involving nursing home abuse or neglect and may be scared to confront the people responsible for providing their care. Patterns of injury should not be tolerated. Repeated falls, bruising, cuts or infection deserve to to investigated as they are easily preventable situations that are indicative of staffing problems at a facility.

Statute of limitations, or specific time allotments, govern how much time one has to bring a lawsuit against the nursing home or long-term care facility. Statute of limitations may provide years for pursuing a cause of action. However, the sooner an attorney is contacted, the sooner an investigation can be started to determine what may have caused the injury or abuse. Many cases involving abuse, neglect or injury require the review of extensive medical records and expert witness consultation–time consuming practices to say the least.

Even in situations where there may seem to be a lack of evidence to prove neglect on the part of the nursing home, an experienced nursing home attorney will be able to sort through the evidence and determine if there is a case and how to proceed. Most injury attorneys work on a contingency fee, meaning they only receive a fee if they are successful in obtaining compensation for the injured party. No out of pocket expenses are required on behalf of the client.

There has been a recent trend, in some situations involving severe injury, where the nursing home or hospital may seem to take responsibility for an injury. Representations may be made by the staff at these facilities that they will ‘do whats right’ to remedy the situation. Don’t be lulled into believing this song. Rarely –if ever — do these individuals really have the interests of the injured party in mind. Moreover, without the consult of an attorney well versed in what damages an injured person is entitled to receive, the medical facility will use its uneven bargaining position in its favor.

If you or a loved one suspect the nursing home, long-term care facility, home nurse or hospital may have caused or contributed to an injury or situation involving abuse, why not speak to an attorney who has your interests in mind without any charge to you?

Author: Jonathan Rosenfeld

Article Source: http://EzineArticles.com/?expert=Jonathan_Rosenfeld

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Elder Abuse Lawyers and Information about Elder Abuse

As shocking as it may seem, tens of thousands of elderly Americans are abused each and every year. And, truly, this is an underreported crime as the elderly victims may have no one watching out for them, they may be too embarrassed to report the abuse, or family members simply overlook the neglect or abuse as they feel that they do not want to get involved and then be responsible for the care of that elderly person themselves. As awful as that sounds, it is realistic to think that as many as 500,000 elderly Americans fall prey to some sort of elder abuse EACH YEAR. With an aging baby boomer population, and with the current economic crisis we are facing, these statistics may worsen as a growing population of elderly find themselves with dire financial situations.

These are Americans who have worked hard their whole lives, contributed to society, raised families and and are now living alone in their homes, living with a loved one who may also be elderly and may have considerable health care needs of their own, living in retirement homes and other health care facilities and even their own families’ homes. These are people who are often frail, and who have physical limitations (like diminished hearing or vision) and are unable to defend themselves. The elderly may also have mental or psychological ailments that make it difficult for them to understand what may be happening to them as well if someone is taking advantage of them.

What are the most common types of elder abuse?

Emotional Abuse:

Elderly can be victimized by verbal and nonverbal abuse to include yelling, humiliation, ridicule, being ignored and socially isolated and even threats to their wellbeing and life. This type of elder abuse is insidious as it can damage the elderly personal emotionally and psychologically and create a situation where they are scared to speak out, withdraw even further from friends and family and they suffer embarrassment. With that psychological scarring, they are left even more vulnerable to other forms of abuse.

Neglect:

The elderly victim may also simply be neglected by a caretaker. They may be overwhelmed by their responsibilities, or even "scamming" the family for payments to care for the patient and then doing nothing for that eldery person.

Physical Abuse:

Again, as shocking at it may seem, the elderly can fall prey to physical abuse, to include sexual abuse. Supposed caretakers may hit or push the elderly person, may put them in unnecessary restraints, confine them by locking them in a room, even use medications to overly and unnecessarily sedate the elderly patient.

Financial Abuse:

Another category of elder abuse is the elderly patient being taken advantage of in a financial manner. These evil caretakers will actually pillage the elderly patients’ bank accounts, credit cards, stealing their money or valuable belongings and even steal their identity. There are extreme cases where caretakers have persuaded their elderly charges into including them in wills and signing over conservatorship of their estate and investments.

What should you look for if you are concerned about elder abuse?

There are countless signs of abuse, unfortunately, too many to list here. However, there are some key signs to look out for, to listen for and to observe in both the patient and the caregivers:

First of all, has their personality fundamentally changed? Often, symptoms of other ailments of the elderly can also result in changes in personality, like dementia. So you have to be able to look at behaviors that change and be alert that while it can be that loved one "getting older" it can also mean that something is wrong and they need your help and advocacy. Does your elderly loved one seem to be more agitated, angry, acting out with the caretaker, or even showing signs of withdrawal like rocking or not making eye contact?

Does the caretaker ever refuse you access to your elderly friend or family member? Are they constantly busy, away, napping, or otherwise unable to see you? Does the facility seem to have overly restrictive visiting hours, or ever refuse you access during visiting hours? Trying to limit your exposure to your elderly loved one can be a way of hiding injuries that are visible and/or further alienating that elderly patient from their loved ones to socially isolate them.

Does your loved one have physical injuries that tend to be brushed over, or explained away too easily? Even small things like missing hearing aids or broken glasses can be a sign that someone is trying to damage or conceal key tools that an elderly person needs to be as independent as possible. Of course, this can also become far more severe such as broken bones, bruising, bed sores that are not being taken care of and more.

Has your loved one lost a great deal of weight or even gained an excessive amount of weight? Either type of fluctuation in their weight may mean that they are on an unhealthy routine or suffering from emotional or physical abuse..

Are their living conditions deteriorating? Do you see dirty bed sheets, are they always in the same clothes, are their clothes dirty? Is their hair dirty, are they bathed and are they taking care of themselves appropriately? Are they dressed appropriately for the weather?

Ask you loved one about their finances and make sure that you work with them on a living will, that you check their bank accounts and that you touch base with their attorney to ensure that no unusual changes have been made to key legal documents. While you want to respect their privacy, and a loved one may see this as an invasion of their privacy, even that defensiveness can be a sign that they are being taken advantage of. Have you noticed beloved belongings disappearing, your elderly loved one not wearing the usual jewelry they may cherish, or a sudden financial emergency that requires you to assist a loved one who should have the means to take care of from their finances? Also, are you noticing sudden expensive items showing up in their room or house that would not make sense to their usual purchasing routines?

What can you do to help?

First and foremost, console your elderly loved one and let them know that you are there for them. Letting them know that they are not alone is a huge comfort. Let them know that you will help them and not allow any retaliation to occur. Often, an abuser of an elderly person threatens them and they need to know that those threats will not come to fruition. Let them know that you are not there to infringe upon their rights or their care, but you have concerns that you want to report to ensure that everything is okay. They may be embarrassed that they are unable to advocate for themselves, so reassuring them that you are not there to take over their care or remove their ability to make decisions is important. Furthermore, if a loved one is the abuser, they may have deep feelings of regret, embarrassment and humiliation that their own family member could do this to them. Know that they have been abused, but they still may be entirely cognizant of the abuse and ashamed of it as well.

If you suspect abuse you can immediately call the athorities. What is happening to your loved one is criminal, and charges can and should be brought upon any person or agency who is neglecting, abusing and taking advantage of the elderly.

Do you know of other friends or family who can help? You may be cities, if not states away and feeling that something is not right but unable to be there physically. If there is someone in their immediate area, they may be able to pull them out of their current situation for a break to evaluate if abuse is indeed occurring.

Have you reported this suspicion, or your evidence, to the caretaker’s employer, the director of the nursing home or whoever else is in charge of their care? They may have a caretaker that is abusing their patients without knowing it themselves. They need to know about the abuse so that employee can be dealt with appropriately, and this become part of their employment record.

You can involve government agencies to assist you in getting your loved one to a safe home, a safe place and with a loving, caring caretaker. You can report this abuse or neglect to a social worker, doctor, nurse, or even a clergy member who are "mandatory reporters" meaning they have a legal obligation to report the abuse that is reported to them.

You should also contact legal counsel immediately. There are lawyers and attorneys that specialize in elder abuse and can ensure that the legal rights of the elderly person are upheld, that their finances are restored if possible, criminal charges are brought against the abusers, and that the safety net that exists for our elderly is fully in place for their future care and recovery. Contact an elder abuse lawyer today for more information and ensure that your elderly friend or loved one is protected against evil, unscrupulous abusers, and that those abusers are unable to prey on any other elderly persons in the future.

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