Physical
or mental abuse and neglect of our elderly parents is a silent crime. Most
of the elderly with disabilities are unlikely to complain about abuse, neglect
or victimization under the fear that they will lose whatever support, even
abusive that they have, and that their complaints will trigger reprisals. Elder
abuse has been found to be an all too frequent occurrence with deadly results.
When this abuse or neglect occurs at the hands of trained professionals who have
secured state licenses to operate their personal care or nursing home, you have
a right to be angry and to demand answers. The breach of the standard care when
directed against our elderly parents by paid givers should be punished severely.
Why is abuse present in Nursing Homes? The tragic truth is that the nursing home industry, for the most part,
behaves as just that: an industry that houses our elderly loved ones at the
lowest cost possible.
This means:
Minimal qualifications
Inadequate staffing
Insufficient training
Low wages and high turnover
The ultimate result is serious and even
life-threatening problems for nursing home residents: weight loss, failure to
treat pressure sores or manage pain effectively, hospitalization, malnutrition,
dehydration and even starvation.
Each certified Nursing Assistant is typically responsible for 15-20 residents
per a 7.5 hour shift. This means at best an average of only a half hour per
resident. Is that really sufficient?
A Brighter Future
After years of providing poor elder care, it seems nursing homes are finally
being held accountable. A flood of lawsuits have been filed across the country
and grieving families are receiving compensation for pain, suffering and the
untimely death of loved ones.
If your elderly loved one has been neglected, abused, or injured while in the
care of a nursing home or other healthcare facility, contact our attorneys
today. You and your family have legal rights that not only protect you, but
others as well.
At Munley,
Munley & Cartwright, our goal is to provide exceptional legal services to our
clients. We strive to achieve the highest standard of excellence for the
protection of individual rights through team work and the use of our
considerable resources and experience.
Contact us today to discuss your legal options with our experienced nursing
home abuse attorneys.
NURSING HOME ABUSE
QUESTIONS & ANSWERS
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How Prevalent is nursing home abuse
and neglect?
There are 17,000 nursing homes across this country. 1.5 million elderly and
disabled Americans reside in nursing homes. According to a congressional report
prepared by aides to Rep. Henry Waxman (D. Calif.) State inspectors cited nearly
5,300 nursing homes between January 1999 to January 2001. In more than 1,600 of
these homes - 1 in 10 of the nation's nursing residences - the violations were
"serious enough to cause actual harm to residents or to place the residents in
immediate jeopardy of death or serious injury." The most common violation
involved failure to "properly investigate" according to the report. The
percentage of homes cited for abuse has doubled since 1996.
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What should I do if I suspect elder
abuse?
Investigate at once. Begin collecting facts. The nursing home will not cooperate
in this process. Gather all the material you can so that documents cannot be
changed. You may seek the assistance of the government, private attorneys and/or
support and advocacy groups.
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What about the costs in pursing
litigation?
Most attorneys (including Munley, Munley & Cartwright) will handle your case on
a contingent fee arrangement. This means the lawyers will be paid a percentage
of the recovery in the event of a settlement or judgment. Munley, Munley &
Cartwright will also pay all the advance costs with the understanding that they
will recoup such costs only in the event of a recovery. Therefore, you will be
able to secure our representation with having to pay any attorney's fees or
expenses out of one's own pocket.
-
How soon should I make a claim?
A potential claimant should always seek the advice of an attorney without delay.
There could be many deadlines to meet, claims against governmental entities may
require that the entity be put on notice much earlier than the statute of
limitations period. A medical and legal analysis must be done prior to filing a
lawsuit, so don't wait or the lawyer might not have enough time to investigate
the claim before it's expiration.
DISCLAIMER:
Attorney Advertising. Prior Results Do Not Guarantee a Similar Outcome.
Representation in jurisdictions where our attorneys are not already licensed is
performed in conjunction with local
counsel / lawyers - at no additional legal fees to our clients - and with
permission of the court.
