Archive for the ‘Nursing Home Abuse’ Category

Nursing Home Abuse: Who is Liable for Damages?

nursing home abuseWhen you begin to recognize the signs of elderly abuse in one of your loved ones, you will likely want to act immediately. However, even knowing the abuse is happening at a nursing home doesn’t always make it easier to know who is responsible for the damages caused by the mistreatment. In fact, if you ask most people with a loved one in such a facility, they will likely not know if the facility, employee or a third party is responsible.

With approximately 4 million elderly people victimized by physical or psychological abuse or neglect, the loved ones of elderly people in a nursing home should understand both the signs of elderly abuse and who is legally responsible in these situations.

When the Nursing Home is Responsible

Compared to other medical facilities, nursing homes have a far more strict duty of care owed to residents. This is because the nature of the services and relationships is so broad and affects every aspect of their well-being and daily routine. The staff has the duty to help them with everything from medication to physical therapy and even basic hygiene.

While there are many incidences in which a resident may suffer an injury or become victim to abuse, the nursing home is typically only held accountable when abuse or injury falls into one of the following categories:

  • Medical neglect where a medical need is not addressed or medication is not provided.
  • Staff was not properly monitored during shifts.
  • Negligence in hiring such as not running a background check.
  • Negligent in training staff either by providing no training or inadequate training.
  • Intentional abuse or mistreatment by staff members.
  • Failure or refusal to provide necessities such as food and water.
  • Lack of proper security on site.
  • Failure to protect residents from health or safety hazards.
  • The use of irrational or unsafe physical restraints.

Can a Third Party be Responsible?

When an injury occurs, it isn’t necessarily abuse. In some cases, an elderly person is either injured or abused in such a way that the nursing home is not responsible. Some examples include:

  • Improper use of equipment by a nursing home staff member.
  • Improperly designed wheelchair.
  • Improperly manufactured wheelchair.
  • Equipment that has been improperly maintained by an outside contractor.

There are also cases where visitors or trespassers are the culprits. There are other equipment-related situations where a third party is liable for the injury. The best course of action is to find the right lawyer to consult. At Jonathan Perkins Personal Injury Lawyers, we look at all the facts to determine who is liable for the injury. Contact us today to find out more.

What to do if you Suspect Nursing Home Abuse in Connecticut

As America’s population ages, the question of how best to care for elderly loved ones is being asked by more and more people. Though it may be your first instinct to house your family member in your own home, all too often the realities of a specific situation make this impossible. In some cases, becoming a caregiver is financially untenable because it would require leaving a career. For some families, the demands of other family members such as teens or young children make it impossible to provide the attention that the older loved one deserves. In some cases, the elderly person’s physical requirements simply preclude the possibility of providing care outside of a skilled nursing facility. If you find yourself in this type of situation and have a loved one living in a long-term care facility, it is essential that you thoroughly research all facilities that you are considering to determine whether nursing home abuse complaints have been filed against them and to follow up on your loved one’s care to ensure that they are safe and happy. If you suspect a problem, you need to know who to call and where to go for help. The compassionate attorneys at Jonathan Perkins Injury Lawyers can help you know what to do if you suspect nursing home abuse is taking place in Connecticut.

 

Nursing home abuse can take a number of forms and all of them are terribly upsetting. In many cases, the abuse takes the form of negligence, with patients not receiving the medical care that they need, the personal hygiene assistance that they require, or the engagement and attention that they deserve. In other situations, patients are subjected to physical, sexual, or emotional abuse. All of these examples require immediate attention and the most valuable resources available to you are often those provided by the state. According to the National Center on Elder Abuse, in the state of Connecticut, there are a number of agencies available for immediate assistance. These include:

 

  • Connecticut Protective Services for the Elderly
  • Connecticut Commission on Aging
  • Connecticut Aging Services Division
  • Connecticut Long Term Care Ombudsman
  • Connecticut Office of Attorney General

 

The quickest and most effective call that you can make if you suspect that your loved one is in immediate danger is always your local police or dialing 911. If the situation is not urgent then your local Adult Protective Services agency is your best resource.

 

Whether you are a family member or friend, if you suspect that an elderly resident of a long-term care facility is being exploited or is a victim of nursing home abuse or negligence, it is essential that you act immediately. These loved ones are frequently medically vulnerable, and injuries can have a devastating impact. The attorneys at Jonathan Perkins Injury Lawyers are here to help. Call us for information on protecting your loved one’s rights.

Should I Call an Attorney Before I Report Suspected Nursing Home Abuse?

CT Nursing Home Abuse Attorney Jonathan Perkins Nursing home abuse has become a major and frightening issue across the United States. The people who are in nursing homes and long-term care facilities are there because they need specialized care. In some cases, they are not able to care for themselves, while in other cases their needs are beyond the resources of their family members. Many are suffering from dementia or other impairments that prevent them from being able to speak out when they are being abused or neglected: others are too intimidated to ask for help.

If you have a loved one residing in one of these facilities, you need to remain vigilant at all times, watching out for any of the telltale signs that they are being victimized. You also need to know what to do when something seems wrong, and who you can turn to for help. If you are wondering who you should contact first, the attorneys at Jonathan Perkins Injury Lawyers can help. Though you may think you should call an attorney before reporting suspected nursing home abuse, that is not necessarily the right thing to do.

The first and most important step you need to take if you believe that somebody is in immediate danger is to call either the local police or 911. But if the situation is not as urgent, there are other people who may be more appropriate and more helpful. The Administration on Aging suggests contacting your local Adult Protective Services Agency – your state government’s website will likely have the number available.

The agencies that address issues of elder abuse are prepared to take immediate action to provide assistance and protection to people who may need it. They will ask a number of questions in order to determine how urgent the situation is, as well as what resources are available to assist with the care of the victim. The will generally assign a caseworker to the case. This person will investigate the charges, and where intervention is needed they will take action.

In addition to Adult Protective Services, others who may be contacted for assistance include local law enforcement, state ombudsman programs that can intervene regarding nursing home facility concerns. Though you may be interested in pursuing justice on behalf of your loved one, your first concern should always be to ensure their safety. That is why you would turn to an agency first. After your loved one is safe, that is when you should turn to an attorney to seek justice.

At Jonathan Perkins Injury Lawyers, we have successfully worked on behalf of many nursing home abuse victims, making sure that the poor treatment that they have been subjected to is addressed and that they are compensated for the damages that they have suffered. If you suspect that your loved one is being harmed, take all necessary steps to ensure their safety. Then call us to learn about the legal assistance and advocacy we can provide.

How to Immediately Protect a Loved One When You Suspect Nursing Home Abuse

Protect your loved ones from harm - CT Injury Lawyer As America’s population ages, more and more people are faced with difficult decisions about their elderly loved ones. We all want our older family members to live full and independent lives, but sometimes medical issues arise or cognitive abilities decline and they are no longer able to live alone. As much as we’d like to provide care on our own, there are some circumstances that preclude this. Nursing homes and long-term care facilities are there to provide the medical care and attention that our loved ones need, but all too often these facilities fail in their duty of care, leaving residents vulnerable to untrained, negligent or abusive staff. We’ve all seen horror stories on the news detailing injuries and neglect, but these reports rarely provide information on exactly what steps should be taken if this happens to somebody in your live. At Jonathan Perkins Injury Lawyers, we provide aggressive advocacy and legal representation for those who are unable to protect themselves. Here is how to immediately protect a loved one when you suspect nursing home abuse.

One thing that is extremely important is that you treat anything that your loved one tells you with the utmost seriousness. Far too many people later regret not paying enough attention to their loved ones’ complaints of rough treatment or neglect. Speaking about being depressed or lonely is one thing – complaints of abuse are entirely different, and require immediate investigation and action.

If you visit your loved one and believe that they are in immediate danger as a result of warning signs or physical injuries that you observe, you must call 911 or the police without delay. In situations where the situation is not as urgent, there are other steps to be taken, but you should never allow anybody to remain in a situation that you believe is life threatening, and you cannot leave it in the hands of suspected abusers to address the situation. If you feel that the situation is less emergent, your first step is to call your local Adult Protective Services agency and report the situation.  You will need to provide them with your loved one’s name, address, and the specifics of your concerns. Depending upon your complaint the agency will either act immediately or send out an investigator, working with other agencies to investigate the most appropriate action.

Elder abuse in nursing homes can take many different forms, including physical abuse, emotional abuse, neglect, sexual abuse and financial abuse. If you observe or suspect any of these, it is important that you take action. If you are not certain about the correct action to take, contact the nursing home abuse attorneys at Jonathan Perkins Injury Lawyers. We will take immediate action to protect your loved one.

Uncovering Elder Abuse: What to Look For

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As medical care improves and the American diet features better nutrition and self-care, people are living longer then ever before. The news is constantly featuring elderly citizens celebrating their 100th birthday and beyond, and many people live to see the births of their great grandchildren. Unfortunately, not everybody who reaches that age is able to provide for their own care or to live independently. This forces families to either take their loved ones into their own homes or to place them into the care of long-term care facilities. With more and more people choosing nursing homes, the incidence of elder abuse and neglect is on the rise. No matter how carefully you investigate a nursing home, there is always the chance that the worst will happen and your loved one will become a victim of elder abuse. The best way for adult children and loved ones to safeguard against this and uncover elder abuse is to know what to look for and act quickly when you suspect abuse. The attorneys at Jonathan Perkins Injury Lawyers have a long record of standing up for the rights of those who have been hurt by neglect or abuse. We want you to know what to look for so that you can effectively protect your loved one.

There are several different forms that elder abuse can take. These include physical abuse, sexual abuse, neglect and exploitation. Elderly residents of nursing homes can also suffer as a result of emotional abuse. Each of these types of abuse has its own red flags, and all of them are emotionally devastating to witness, but it is important that you remain vigilant, ask questions and stay alert for any of these signs:

  • Physical injuries such as pressure marks, broken or fractured bones, burns, bruises, abrasions and lacerations
  • Emotional and social withdrawal, including refusing to participate in activities that were previously enjoyed, depression, and a shift in mood or level of alertness
  • Abrasions, bruising, tearing or redness around the genitals or breasts. Sexual abuse can also be detected with the appearance of a sexually transmitted disease.
  • Changes, whether gradual or sudden, in the holdings in bank accounts
  • Bedsores, poor hygiene, weight loss or confusion, medical needs that are ignored or unattended to

One of the saddest and most heart-breaking early signs of elder abuse is the change that is visible in loved ones. Family members and friends who were previously enthusiastic, engaged, and enlivened by visitors instead retreat and appear fearful, particularly if they are in the presence of their abuser. If you have seen indications that make you suspect that abuse is happening, it is essential that you take action immediately. If you are able to speak to the nursing home resident and ask them what is going on, then do so. If not, seek help from an experienced knowledgeable advocate who can help you get them into a safe place and get them compensation for any injuries that they have suffered. The attorneys at Jonathan Perkins Injury Lawyers are here to help.

How to Approach an Assisted Living Facility with an Elder Abuse Claim

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Elder abuse can take many forms. It can be physical, emotional, sexual or financial. It can also include abuse or fraud on the part of doctors, nurses, or healthcare facilities. People whose loved ones are residents in assisted living facilities or daycare can serve as an integral layer of protection for vulnerable elderly patients, sounding the alarm at the first sign of trouble. If you have a loved one who is a resident of an assisted living facility, it is important that you become familiar with the warning signs of elder abuse and know what to do if you suspect that something is wrong. If you know how to approach an assisted living facility with an elder abuse claim and know where to go for help, you may be able to stop your loved one from suffering serious harm.

There are many signs of abuse that you need to be aware of. Physical abuse symptoms include unexplained injuries and broken bones, signs of restraint or a caregiver’s refusal to allow you to be in the room alone with your loved one. Emotional abuse can be seen in changes in behavior, while financial abuse may be detected by reviewing your loved one’s accounts for unexplained withdrawals. Whatever the signs that raise concerns, you need to act quickly to prevent things from getting worse. Your first step when you suspect elder abuse should be to contact Adult Protective Services, and your second should be to contact an elder abuse attorney.

Adult Protective Services is an agency that is tasked with investigating abuse and intervening on behalf of the victim. Do not hesitate about contacting them when you feel concerned, as you do not need to have hard evidence to raise an alarm. What is most important is that you provide them with specific details about what you have seen so that the know what to look for. Contacting these authorities is essential, but once you have done that you also need to secure your loved one’s legal rights, and the best way to do that is to reach out to a compassionate elder abuse attorney. While the official agency may be bogged down in bureaucracy and may take some time to investigate and confirm that your loved one is a victim, an experienced elder abuse attorney will act immediately act in your loved one’s interest.

At Jonathan Perkins Injury Lawyers, we will not only ensure that the authorities are taking quick action to investigate your loved one’s safety, but we will also help you to document your concerns and make sure that they are addressed and that your loved one is safe. We will approach the facility with legal notifications, putting them on notice and giving them an opportunity to correct the situation. If your loved one has been harmed, we will work as their legal advocate, representing them in settlement discussions or in court so that they can get the justice that they deserve. Contact us at the first sign that your elderly loved one is in trouble for an immediate response.

How to Choose a Nursing Home to Avoid Abuse

Whether you are a parent seeking a long-term care facility for a disabled child, an older adult seeking a home for a spouse or sibling, or an adult child looking for the right solution for an infirm, elderly parent, choosing a nursing home is one of the most challenging and emotionally-fraught tasks imaginable. In addition to all of the immediate medical needs that need to be addressed, you also want to have a strong level of confidence that the facility’s staff will treat your loved one with the compassion and attention that they deserve, and that you would provide if you were able. And, lurking in the background, there is also fear of the kind of neglect and abuse that we hear about on the news.  Though there are concrete steps that you can take to protect against this possibility, you also need to be watchful. At Jonathan Perkins Injury Lawyers, we are happy to provide you with the steps you can take to choose a nursing home to avoid abuse, as well as to remind you that we are here to answer any questions and concerns you may have.

There are a number of signs and signals that you can look for to determine whether a nursing home or long-term care facility is paying proper attention to its residents and is truly a caring environment for your loved one. When touring, take note of the following items:

  • Does the food look appealing? Is the staff paying attention to whether residents are eating and providing them with assistance if they are having trouble?
  • How does the staff speak to the residents? It is always upsetting and distracting to hear people moaning or crying in a nursing home, but that is an unfortunate side effect of dementia and Alzheimer’s disease. What is more important is how the staff treats the residents, and whether they speak to them with respect. Do they address them by name? Do they make fun of them or tease them? Do they sound frustrated?
  • Pay attention to your senses, and particularly your sense of smell. Though it is normal for there to be some unpleasant smells, as many residents may lose control of their bladder or bowels and may be wearing diapers or have accidents, there is a difference between catching an isolate smell and encountering a facility where there is an overwhelming odor. A caring facility will constantly be cleaning up and providing maintenance to prevent odors from becoming permanent.
  • Does the staff seem cheerful and energetic, or are they tired and frustrated? Many facilities are understaffed and employees are overworked – and that can be a dangerous combination for residents who are unable to defend themselves.

These are just a few of the ways you can detect what the mood and atmosphere of a nursing home are. If despite your best efforts you suspect that your loved one has been the victim of nursing home abuse, contact the compassionate attorneys at Jonathan Perkins Injury Lawyers and let us help you protect your loved one and their rights.

Nursing Home Abuse and Bedsore Injuries

Bedsores are also known as pressure ulcers. They are wounds on the skin that, if left untreated, can extend into the tissue that lies beneath the skin, and even into the bone. They can appear in those who are restricted to their bed or a wheelchair, but are generally a preventable and treatable condition when appropriate care is provided. Unfortunately, many people who are residents of nursing homes and long-term care facilities end up suffering from bedsores as a result of negligence or nursing home abuse. Bedsore injuries can lead to serious illness, and in the most severe cases can even result in death. If you have a loved one who is in the care of a nursing home and you suspect that they are being treated negligently or abusively, then contact the compassionate law firm of Jonathan Perkins Injury Lawyers. We will take swift and immediate action to help you get your loved one in a safe place and to help you get them the compensation that they need for the harm that they have suffered.

Bedsores can appear on tailbones, shoulder blades and the backs of the arms or legs of people who are restricted to a wheelchair. For those who are restricted to a bed, the sores generally appear on the shoulders or shoulder blades, the hip, lower back or tailbone, the heels and ankles, and the back or sides of the head and the rim of the ear. Bedsores are prevented by making sure that the patient changes position on a regular basis, and this is part of the normal care that is supposed to be provided by the staff of a nursing home. Patients who are confined to either a wheelchair or a bed are also supposed to be checked on a regular basis so that if any pressure ulcers begin to develop they can be immediately treated to prevent them from progressing.

According to the Centers for Disease Control, one in ten people who live in a nursing home will be diagnosed with bedsores, and in many cases, these are a direct result of lack of attention and improper medical care. Even a patient who comes into the nursing home with already-existing bedsores should be able to have them treated so that they do not get worse. There are four stages of bedsores that start with the skin still intact and worsen through to the point where bones, muscles, and tendons are exposed and tissue dies. When bedsores are able to progress to this point, the patient is at serious risk.

If you suspect that your loved one is a victim of negligence or nursing home abuse and bedsore injuries are part of your concerns, then you need to act quickly. Contact the nursing home abuse attorneys at Jonathan Perkins Injury Lawyers today to learn more about how we can help.

A Bridgeport Bedsore Attorney Can Help if You Were Injured In A Nursing Home in CT

When someone you love is in need of more care and attention then you are able to provide at home, a nursing home is often the best choice that is available to you. Unfortunately, many nursing home residents end up injured as a result of negligence or abuse on the part of the staff, and bedsores are among the injuries that are most commonly seen. If you or someone you love suffered a bedsore or any other type of injury in a nursing home in Connecticut, then call the Bridgeport bedsore attorneys at Perkins Injury Lawyers today. We will set up a consultation immediately so we can discuss your situation and tell you how we can help.

Though bedsores are common in residents of hospitals and nursing homes, that is no excuse for them happening. Bedsores appear most frequently on people who are paralyzed or suffering from dementia, poor nutrition or poor circulation. They are painful lesions that appear on the skin over bony areas of the body such as the tailbone, the back of the head, the hips or the ankles. The body’s weight decreases blood flow to those areas when the body doesn’t move, and the tissue dies as a result. For this reason, federal regulations have been established that require nursing homes to identify those who are at risk and implement a care plan specifically for their prevention. The plan generally involves regularly turning and repositioning the patients to relieve the pressure, or to use special mattresses and pads that take pressure off of the vulnerable spots.

Bedsores can go from bad to worse very quickly if the nursing home patient is not vigilant in looking for them or treating them. Where a stage one bedsore simply looks like a red area on the skin, stage four is so deep and painful that it goes through the tissue all the way to the bone, and can lead to infection and death.  Nursing homes and their staff have a duty of care, as well as a legal obligation, to be attentive and provide the necessary care that the patients they are responsible for require. If you or someone you love has suffered bedsores while under a nursing home’s care then they need to be held responsible for the damage that they have caused. This is important not only for you, but also to prevent further injury to other residents.

At the very least, bedsores require costly medical attention for which the nursing home needs to pay. In the most serious cases they can lead to pain, suffering and even to death. The Bridgeport bedsore attorneys at Perkins Injury Lawyers are experienced in holding nursing homes responsible for the damage that they’ve caused. Don’t let your loved one go another day without justice. Contact us today for a free consultation.

Learn more about our Bridgeport Bedsore Attorney here –

https://800perkins.com/what-we-do/nursing-home-abuse/

How Can A Bridgeport Nursing Home Attorney Help if My Loved One Has Been Injured?

Placing your loved one in a nursing home is a decision that is not made lightly. You know that it is in their best interest to have round-the-clock supervision and care available, and you know that you aren’t able to provide the level of attention and clinical expertise that they need, but you also worry that the home won’t provide the kind of care that you would.  So when your loved one has been injured and it is a result of negligence or abuse on the part of a staff member or the administration, you have the right to be upset and even outraged. When the nursing home accepted responsibility for your loved one they obligated themselves to provide a reasonable amount of care, and they failed.  At Perkins Injury Lawyers, our Bridgeport nursing home attorneys understand your concerns and we know what needs to be done. For immediate help, contact us immediately.

When an infirm person is placed into the care of a nursing home, they are often extremely vulnerable. They are frequently frail and unable to communicate, and being in a strange new place only adds to their confusion and their reliance upon the people who are there to provide their services. Nursing homes are expect to provide basic services, including dispensing the correct medications, ensuring that the residents in their care are safe, seeing to their basic hygiene needs and providing medical attention when needed. Failure in any of these services can lead to injury and constitutes negligence, yet it frequently happens as a result of overstaffing, lack of training, and general lack of interest or empathy on the part of staff members. Some even go so far as to intentionally inflict harm on residents out of frustration or malice. If you suspect that this is what has happened to your loved one then you need a strong and passionate advocate on your side. The Bridgeport nursing home attorneys at Perkins Injury Lawyers are diligent and empathetic. We will listen to you, examine the evidence, and act swiftly to ensure that your loved one is in a safe and protected place and that those responsible are made to pay.

When a nursing home resident is injured by those who have been entrusted with their care, it represents a tremendous betrayal of trust. The Bridgeport nursing home attorneys at Perkins Injury Lawyers will use our resources to show what has led to the injury, using expert witness testimony and medical records as well as evidence of understaffing, improper training, inadequate background checks, or whatever else has contributed to your loved one’s injuries. We will work to get you the compensation that you need to cover your loved one’s medical expenses for their injuries as well as their pain and suffering to get them the justice that they deserve. Call us today to set up a free consultation.

Learn more from our Bridgeport Nursing Home Attorney here –

https://800perkins.com/what-we-do/nursing-home-abuse/

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