Archive for June, 2010

What Constitutes Nursing Home Neglect – Help for Nursing Home Abuse Victims

In America today, we have placed nearly 2 million elderly family members under the direct care of a nursing home. Something you probably don’t want to tell grandma or grandpa is that they could very well be living in one of the thousands of homes that have been charged with neglect or abuse.

Take notice. Nursing home neglect is widespread. Unfortunately, as most people grow older, they become more susceptible to negligence and unnecessarily become victims of abuse. Thousands of elderly men and women move into facilities to be cared for by others when they can no longer take care of themselves. Surprisingly, a large number of residents are not being given the care and attention they deserve.

Definition of Nursing Home Neglect:

Whenever the owner or person responsible for taking care of his resident fails to fulfill his obligation, neglect has just occurred. One might say a person has been neglected when the staff of a home is not able to provide the resident with everyday necessities such as water, food, or professional care.

Needless to say, the resident can be afflicted with health problems or injuries as a result of negligence. Various conditions might indicate a resident has been subjected to neglect or abuse. Some signs include cuts, bruising, dehydration, bed sores, symptoms of malnutrition, untreated wounds, behavioral swings, and general unsanitary environments.

Finding a Top Nursing Home Abuse Lawyer:

Whenever you suspect a loved one has suffered from neglect or any form of abuse, it is advisable to call your local police right away and file a formal complaint. After you file a negligence report with the police, the next best thing to do is consult with an experienced nursing home abuse attorney that can handle that type of case in your State.

A top nursing home abuse lawyer will be able to advise you of your legal recourse and represent your loved one if negligence or abuse is apparent. Should your lawyer recommend a lawsuit, the owner and its staff may be convicted of neglect and be held liable for restitution.

Many of us that choose to place our loved one into a facility naturally assume that the nursimanagement and nursing home workers have the residents’ well being in mind. After all, nursing homes are supposed to provide professional care for those that can’t care for themselves, right? As much as we hope Aunt Agnes will be properly cared for, too often we are let down and in some cases our worst fears are realized. Loved ones are being subjected to abuse and neglect, and it’s happening everywhere.

Staff members have been caught in the act of inflicting verbal abuse on elderly home residents. Physical abuse and emotional abuse is just as widespread in American nursing homes today. Any form of abuse is inexcusable because it produces harmful effects to the resident as well as family members of the victim.

There are many signs that could show if your loved one is a victim of physical or emotional abuse at a nursing home: bumps or bruises on the body, cuts and scrapes, lacerations, burns, broken bones, changes in behavior, and mood swings.

If you observe things such as bed sores, poor hygiene and unclean conditions in the nursing home, be aware that these could be additional signs of neglect.

Nursing homes are ordered by the federal and state governments to meet specific requirements regarding the care they provide. This includes making sure an adequate number of professional employees are on hand to care for residents of the home. Unfortunately, many homes will jeopardize the welfare of their elderly residents by not maintaining enough employees to provide care.

There are abuse attorneys who can offer legal solutions if you or a loved one has experienced abuse or neglect. It is imperative that you speak with an experienced nursing home lawyer if you have questions concerning what can be done with your abuse claim. You or your loved one may be entitled to compensation for your damages or suffering.

Originally published here.


Nick Johnson serves as lead counsel with Johnson Law Group, with offices located in Houston, Texas. Mr. Johnson specializes in matters involving nursing home abuse. Contact Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com


New York Nursing Home / Elder Abuse Lawyer

Incidents of negligence and abuse are occurring at elder care facilities across the country with more frequency, resulting in increasingly dangerous conditions for residents. The evidence of the seriousness of the problem is staggering. Since homes and facilities know there is little possibility of getting caught for their violations, there isn’t much motivation for them to improve the quality of care. It is also a fact that more homes and centers are being owned and operated by For-Profit corporations (who are often more concerned with the bottom line than in providing adequate care and treatment). Finally, the current nationwide crisis in medical staffing has been especially felt in the nursing home industry. Nursing homes and facilities (particularly those owned and operated by For-Profit corporations) simply do not provide the salaries and incentives that would attract enough qualified doctors, nurses, and nurses’ aides to properly care for residents. If you suspect that your loved one has been subjected to neglect or abuse in a nursing home, assisted living home or elderly care facility, please call us at 1-800-966-4999.

Choosing and Hiring a Nursing Home Neglect Attorney

Nursing home abuse and neglect are widespread problem that attacks the very people we are trying most to protect: our senior citizens. Most of us are fortunate enough to know someone and care for someone who has made it to what we call old age.

These people are fonts of knowledge with a lifetime’s worth of experiences built up to share with us. They are often treated as beloved burdens, however, foisted off into nursing homes and forgotten about until the news comes that they have been the victims of nursing home abuse.

These people are not criminals or terrorists, somehow to blame for their own actions. Instead, these people are victims of a vicious system that is designed to care for them and yet is one that is more likely to cause them harm than good. Nursing homes are for the people in our lives who are too sick or too old to take care of themselves anymore, and we rely on the staff of these facilities to take care of them for us.

Unfortunately, the staffs of nursing homes are often overworked and overburdened thanks to the negligent business practices of the owners and managers of the nursing homes.

No matter how well intentioned the nurses of these facilities start out, nerves become frayed, tempers flare at the frustration and unfairness of their situations, and accidents happen. These can lead to the harm of our beloved elderly relatives, and sometimes even lead to the deaths of the patients for which the nursing homes are supposed to be caring.

In cases like these, it is up to the families to stand up for their hurt or deceased loved ones and make the nursing home owners pay for the negligent actions that have caused that harm and others like it over the course of the years.

Many families do not feel the need to point fingers or blame someone for these tragic injuries or deaths, however without penalties of a kind that they understand “cutting into their profits” these nursing home owners will express condolences, punish a nurse or two who are just as much victims of the system as anyone, and continue to do business as usual.

The only way to change the system is to punish those who are getting away with abusing it, and that means taking legal action against the owners of the nursing homes who cause such grievous harm to our loved ones. A nursing home abuse attorney can help you take that step toward justice and righting the wrongs of the system.

Accountability will not be reached without legal and financial consequences for these companies. A nursing home abuse attorney knows this, and will help you and your family along the road to seeking justice and to help you punish the owners for the corporate mentality that leads to understaffed nursing homes and costly mistakes.

Choosing the best lawyer for your nursing home abuse case starts with finding a lawyer in your area who practices that kind of law. One who specializes in the field of nursing home abuse is best since they will already have the knowledge that they need to guide you through the system and lead you to the favorable conclusion.

The next step is to ensure that the lawyer you have chosen is sympathetic to your cause and is someone that you feel comfortable working with. He or she will be helping you along every step of the way, so it is important to find someone that you are comfortable with. Interview more than one attorney if you need to, but make sure that they understand your case and are willing to help you meet your goals in court.

Going to court can be a difficult and trying time for a family that is still recovering from the aftermath of dealing with nursing home abuse, but it is the only way to put a stop to the neglectful and negligent activities of the owners of these homes. Your family will be one of the many that hopefully will stand together against the cruel ways of these companies and fight for the rights of our elderly relatives.

No matter how difficult the road ahead becomes, remember that you are doing the right thing, and that you are taking action for the right reasons. These negligent nursing homes need to change, and we have to become the agents of that change. Only then will our loved ones be safe in the places that are supposed to care for them.

Originally published here.


Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Nursing Home Abuse, Nursing Home Neglect and Negligence. Visit http://www.topnursinghomelawyers.com or call 1-888-311-5522