Archive for the ‘Nursing Home Lawyer Articles’ Category
Nursing Home Abuse: Malnutrition
Malnutrition is the silent form of nursing home abuse that can’t necessarily be seen by the naked eye. While it is normal for patients to lose a few pounds in the initial days of residence, it is not normal for a patient to continuously lose weight after a brief adjustment period.
Unfortunately cases of nursing home abuse that are the result of malnutrition often aren’t caught until it is too late. The resident of the home has already lost an excessive amount of body weight and illness has set in before malnutrition is discovered. This type of abuse often crosses the desks of lawyers as a wrongful death suit. Malnutrition in the elderly can often be deadly.
Nursing home abuse lawyers are working diligently to catapult the laws and the punishments for breaking those laws to a much higher level of consciousness within the court systems. Already, tens of thousands of lawsuits are filed annually. This is an alarming amount of nursing home lawsuits, and a definite societal concern. These problems are not just about the beating of an elderly woman, they are about the neglectful care that our elderly fall under when no one is watching.
Nursing home lawsuits set a standard of care faster than anything else. Once a jury determines there is monetary value in a claim, it becomes of similar value across the board, more or less. Nursing home abuse lawsuits are staggering, both in their horrific nature and in their jury awards.
Lawyers work tirelessly for victims who all too often are unable to speak for themselves, sometimes as a result of the nursing home abuse. Malnutrition in the elderly can lead to dementia, coma, and death if it is not discovered early in the process. Often an illness or infection will set in, exposing both the malnutrition and the abuse at the same time.
However, many families believe the information they are given such as the resident did not wish to eat and there were no warning signs of malnutrition setting in. It is up to the family to determine to call a lawyer to have the matter investigated thoroughly.
Explanations may be acceptable in one case, but often nursing homes that are in violation of nursing home abuse laws have several cases of malnutrition in their record, and its usually a record that is shocking to those who ask a lawyer to investigate their claims.
Often family members are hesitant to call a nursing home abuse lawyer despite their concerns because they are afraid of pointing a finger at an innocent facility. The truth of the matter is, this is such a rampant problem that even reputable nursing homes expect to be contacted by a few lawyers.
Of course, those without cause have nothing to hide and are not immediately put on guard and understand a family’s desire to keep their loved one safe. Typically, facilities that are hiding their record, intentions, or actual abuse are going to be the ones most likely to give signs of patient retaliation.
Unfortunately it happens more regularly than most people realize. Once a nursing home abuse lawyer has determined whether or not there is enough evidence to proceed with a lawsuit, the family can then start making decisions about how to proceed with their loved one’s care.
It obviously doesn’t make good sense to leave a loved one in the same care that you are filing a lawsuit against. Though a nursing home lawyer can only provide what they are capable by law, a lawyer is likely to know which facilities have had no substantiated or successful lawsuits filed against them under current management.
Nursing home lawsuits, as well as nursing home abuse lawyers, are the front line of defense against abuse and neglect. It is an unfortunate state of affairs that this type of attention is needed to care for our elderly.
Without lawsuits, the progression of nursing home abuse laws would never have come as far as they have. They still have a long way to go before the punishment fits the crime, but at least there is continually progress thanks to lawyers who went to bat for a few older, lonely souls in the not so distant past.
Originally published here.
Nick Johnson
Nursing Home Abuse and Neglect
The best thing you can do when it is time for a loved one to be placed into the care of a nursing home facility is to check out the residence thoroughly and do your homework. Don’t allow the staff at any nursing facility to convince you that you will see and learn all you need to during an hour visit in the marketing director’s office and a fifteen minute guided tour around the facility.
There are several ways in which you can assess a potential nursing home facility and be sure there are no cases of abuse or neglect in its history. Here are ways for you to research the facility:
? Meet the administrator. This is the person who oversees everything that goes on in the facility and who is ultimately responsible for the facility, the staff and the care of the residents.
? Find out how often the Medical Director makes an appearance at the facility. Do they come daily, weekly or monthly to evaluate everything that goes on in the nursing home?
? Meet the Director of Nursing. Find out how many registered nurses and nurse’s aides work the different shifts. Most problems occur during the night. Make sure they are sufficiently staffed to handle emergencies at all times and to assist residents who cannot do things for themselves.
? Visit the home during the evenings and weekends. Off normal hours will be the best time to determine the efficiency, cleanliness and amount of staff members that really exists at the nursing home. Pay close attention to bedridden and wheelchair bound residents. Are they clean and well groomed? Do they seem coherent and well-adjusted? Do the residents have access to fresh, cold water in their rooms at all times?
? Talk with a current resident and their family. Find out the quality of food, care, staff members and any other conditions of concern to you. Ask the resident’s family if they have had any problems with the facility.
? Use a granny cam. This is a web cam used over the internet to keep an eye on and visit with a loved one when you cannot visit in person.
Beware of restricted access in nursing homes. No areas in the facility should smell of bodily fluids including hallways, group areas, resident’s rooms and the residents themselves. Uncleanly odors should be cause for concern and the safety of the residents.
Observe the dining hall and the residents within it. Does the area look clean? Does the food seem hot and sufficient in amount and quality? Are there a large number of residents that seem overly thin to you? Are there aides who seem patient and helpful in assisting residents who cannot feed themselves?
Originally published here.
Patricia Woloch
Finding a Nursing Home Abuse Lawyer
No one needs to have to deal with an elder abuse lawsuit. They can become time consuming and upsetting, not to mention the emotional pain of knowing that one’s loved one was entrusted to someone else that then treated poorly him or her. Though, sometimes the hiring of an elder abuse lawyer is necessary, especially in cases of nursing home neglect and other abuse problems.
One of the best ways to avoid the need for a nursing home negligence attorney is to be very careful in one’s choice of nursing home. This does not mean finding the most expensive one, as that does not always mean that everything is wonderful there. Instead, it means doing one’s homework to ensure to the best of one’s knowledge that a nursing home abuse lawyer has never sued the nursing home or other elder care facility being considered. This information should be public record and available to anyone that is interested in placing a family member in that facility.
Though, if one finds that, despite one’s best efforts, an elderly relative has been the victim of elder abuse or nursing home neglect, there are things that can be done. An elder abuse lawyer will be able to help with any lawsuit or other necessary legal action, and these individuals can also do a great deal to help ensure better compensation and more justice for an individual that has been wronged.
Generally, money is not the only concern when someone has been the victim of elder abuse or nursing home neglect. Hiring a lawyer can bring to light problems with a nursing home or other elder care facility that will force that facility to make changes, thus protecting the welfare of others in the future. This is one of the most important things that an individual can do for other elderly individuals in that home, and this can only be accomplished through the hiring of a nursing home abuse lawyer or nursing home negligence attorney.
This individual can help provide financial compensation plus safety and security for the wronged individual and other residents of that nursing home, allowing for meaningful changes and protection for a lot of families. In addition to that peace of mind, the financial compensation collected for a wronged party by an elder abuse lawyer can help take care of any medical bills or other problems the individual acquired as a result of the abuse or neglect and provide some peace of mind for the family.
Originally published here.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, and Avandia. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com
