Archive for the ‘Nursuing Home Abuse | Elder Abuse’ Category

Thursday, June 2nd, 2011

Medical malpractice is a personal injury claim in which a patient sues a hospital or doctor for injuries incurred as a result of negligence by the hospital or physician. Many patients are injured by misdiagnoses or botched surgeries. While doctors are usually covered by medical malpractice insurance, juries typically award large sums of money to plaintiffs injured by doctors. It is also common for plaintiffs to form class action suits against pharmaceutical manufacturers.

In late-breaking California personal injury news, an Anaheim-area hospital is facing hefty fines for performing surgery on the wrong kidney. A patient arrived at the emergency room complaining of severe pain on the right side of his body. An imaging procedure revealed a kidney stone in the right kidney that required surgery. When the records were faxed to the surgical nurses and doctors, it inadvertently indicated the stone was on the left side of the patient’s body. Failing to properly examine the patient before surgery, he underwent surgery to insert a stent in the left kidney.

Three days later, the patient’s pain had gone from bad to worse. The pain was excruciating and was showing no sign of improvement. Upon returning to the hospital for his ailment, the patient soon found out that the operation was performed on the wrong side of his body. He then had to endure one procedure to remove the stent from the left side of the body and another procedure to implant a second stent in the correct kidney.

It is not clear whether the patient is planning to pursue a civil lawsuit against the hospital, its doctors or nurses. However, the State of California issued a $50,000 fine against the hospital. State fines against hospitals are used to help ensure facilities are in compliance with state standards and procedures. The State has issued 185 penalties to 118 hospitals to account for $4.2 million.

In a statement released by the hospital, it stated: “We believe there is no room for error in patient care and regret that this occurred. As a result of this July 2009 incident, we promptly implemented a comprehensive plan of corrective action to ensure that nothing like this can happen in the future.”

If you or a loved one has experienced injury or death as a result of a hospital’s mismanaged care, we would love to hear from you. Personal injury includes any negligent act by a surgeon, specialist, nurse or caretaker. Also, those injured by the adverse side effects of pharmaceutical medications may also have a cause of action in personal injury against the drug manufacturers.

Contact our offices today: (800)-300-0001.

California Attorney Emery Ledger Talks about Nursing Home Abuse

Monday, June 7th, 2010

Each year millions of our parents, grandparents, aunts, uncles and family loved ones are victimized by the very people that are entrusted with their care. Nursing home abuse is far more prevalent than most of us would like to think. Exact statistics are very difficult to come by showing the number of citizens aged 65 and older that are exploited, abused, neglected or mistreated each year in the United States but even the most conservative estimates put that number at over one million. Some experts estimate that for every one incidence of elder abuse that is actually reported, there may be as many as five that go unreported. Much like the victims of child abuse, victims of elder abuse may be afraid of reprisals if they report the abuse or may be in a deteriorating mental state and unaware of the abuse that they are suffering. Elder abuse can happen anywhere, in any setting, and be perpetrated by any type of caregiver. Sadly, the nursing homes that we depend on to take care of our elderly loved ones are one of the most common settings for elder abuse.

For most of us, the decision to put an elderly relative in a nursing home is not an easy one. Weeks, months, even years can be spent debating what to do with an aging relative. Many people choose to bring the relative to live with them only to find that they can’t give them the attention and security that they need in their twilight years. Taking care of an elderly loved one can be physically, emotionally and financially draining. Even with the best of intentions, many people eventually come to the conclusion that they must put their elderly loved one in the care of a nursing home. The idea, of course, is that they will be safe, secure and comfortable in a nursing home. You have been assured that their health will be monitored on a daily basis, they will be able to interact and socialize with other seniors and all their practical concerns will be attended to by the staff at the nursing home. Ideally, this is how a nursing home works. Sadly, sometimes instead of treating our loved ones with the care and respect they deserve, they are mistreated, neglected and even abused in the nursing home that was entrusted with their care.

So what can you do if you suspect that your loved one has been mistreated, neglected or abused by the staff at a nursing home? There are a number of government agencies that are involved in the regulation and investigation of nursing homes. In California, you can call the Adult Protective Services for the county that your loved one resides in, as well as contacting the California Long Term Care Ombudsman. If you feel that legal action is warranted, you may be able to file a lawsuit against the nursing home for injuries that your loved one has suffered. For more information on your legal rights and options, contact the California elder abuse law firm of Ledger & Associates. Attorney Emery Ledger has been fighting for victim’s rights in California for over a decade. He can be reached for a free detailed evaluation of your case at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

California Attorney Discusses What You Can Do About The Neglect of an Elder

Wednesday, May 26th, 2010

In the recent decades, much has been done to shed light on the prevalence of child abuse and domestic violence. While we would all agree that the efforts to bring the abuse of innocent and vulnerable women and children to the attention of the country, there is still one segment of the population that continues to suffer abuse and neglect at an alarming rate. Abuse and neglect of the elderly has reached epidemic proportions by most experts’ estimates. Due to the huge percentage of incidents of abuse and neglect that go unreported, exact figures are hard to come by, but estimates put the number of Americans over the age of 65 that are abused or neglected each year at over one million. Considering the fact that our senior citizen population continues to grow, we can expect that number to grow as well unless something is done to protect them.

The percentage of the population in the United States that is age 65 or older has tripled in the last one hundred years. Thanks to longer life expectancies, better medical care and a generally better standard of living, many of us are living well into our 80’s and 90’s and beyond. This should be wonderful news. Unfortunately, for some, it creates another segment of the population to exploit. As out grandparents and then out parents get older, we are faced with decisions regarding their care. For those that are lucky enough to have the time, money and resources to care for an elderly loved one at home, the decision is easy. For others that are forced to seek outside help to care for an aging loved one, the decision can be heart wrenching and difficult. The options are endless for care of the elderly – family caregivers, private nurse caregivers, retirement homes and nursing homes are all options for the care of the elderly. But what if you suspect that your loved one is not getting the care that they need and deserve? The very vulnerabilities that require them to need care in the first place are also what make them easy prey for caregivers to abuse, mistreat or neglect our loved ones.

Signs of physical abuse may be easier to spot then signs of neglect, but make no mistake that neglect of the elderly can have tragic consequences as well. That old saying that tells us “If something doesn’t seem right – it probably isn’t” truly applies in these situations. Elder neglect can come in a variety of forms. Examples include: failure to provide necessary medications or over medication sedate the patient; failure to bathe the patient or provide clean linens or clothing; failure to provide sufficient exercise for the patient; insufficient nutrition; and failure to contact family or medical personnel when needed or requested. If you suspect that your loved one is being neglected, you may want to contact the facilities’ supervisor, the caregiver’s supervisor in the case of a private nurse or the Adult Protective Services in your area. If none of these solutions solve the problem, or if you still feel that legal action is necessary, then you should contact a California elder abuse attorney. Neglect may rise to the level of legal negligence and therefore can be the basis for a civil lawsuit to recoup damages for the injuries your loved one has suffered. For a free detailed evaluation of you California elder neglect case, please contact the law firm of Ledger & Associates. For over a decade, attorney Emery ledger has been fighting for the rights of victims. He can be reached at 1-800-300-0001 or at www.ledgerlaw.com

California Elder Abuse Attorney Discusses Wrongful Death Claims

Monday, May 24th, 2010

If you have a loved one that recently passed away under the care of a nursing home, retirement home or was receiving care by a private caregiver and you feel that the negligence of the facility or caregiver caused or contributed to their death, you may have the basis for a California wrongful death lawsuit. Sadly, elder abuse is more prevalent in the United States than most of us realize. Statistics of reported incidents tell us they over one million seniors are abused every year by caregivers or staff at long-term care facilities, nursing home or even in the privacy of their own home. Experts believe that the prevalence of abuse and neglect is actually much higher as many incidents go unreported.

Every year, millions of families face the decision to put their loved one in a long-term care facility, nursing home, retirement home or to hire a private caregiver for their elderly loved one. After making the difficult decision to do so, we assume that our loved one will be well cared for and treated with the respect they deserve. Most of the time, this is exactly what happens, but studies show us that sometimes the very people that we count on to take care of our elderly loved one is actually abusing or neglecting them. Elder abuse and neglect can come in many forms. If your loved one has been the victim of elder abuse, they may have been pushed, shoved or restrained. While abuse such as this is unacceptable and illegal under any circumstances, it can have devastating consequences when the victim is elderly. A single fall for a senior citizen can lead to fatal consequences. Additionally, neglect can lead to, or contribute to, the death of a senior citizen. Neglect can come in the form of failure to attend to the hygiene or medical needs of an elderly patient. Leaving a patient in bed for an extended period of time can produce bedsores that can become infected. Not adhering to the required medicine schedule of a patient can lead to medical complications and even death.

As we age, we typically require additional health monitoring and many of us require a daily regimen of prescription drugs or supplements to keep us healthy. If a caregiver fails to administer those medications as required, they may be found to be negligent. If a caregiver’s actions of a staff member’s action at a care facility caused or contributed to the death of your loved one, then you may be able to file as the claimant in a California wrongful death lawsuit. A wrongful death lawsuit is generally filed by a surviving family member. In a wrongful death lawsuit, the claimant may be able to receive compensation for the loss affection, love and support of the decedent. A California wrongful death lawsuit cannot turn back the clock and prevent the death of your loved one, however if someone was responsible, in whole or in part, for their death, then it can hold them accountable.

For more information on elder abuse or wrongful death lawsuits, please feel free to contact California elder abuse and wrongful death attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

California Elder Abuse Attorney Explains Negligence in an Elder Abuse Lawsuit

Sunday, May 23rd, 2010

If you are a family member or loved one of one of the millions of senior citizens that are abused each year by caregivers, then you may be considering an elder abuse lawsuit against the caregiver and/or facility where they were residing. An elder abuse lawsuit is a type of personal injury lawsuit in that the basis of the lawsuit is a claim of negligence on the part of the caregiver or the facility – or both. So what is negligence and what type of compensation might my loved one be entitled to?

Negligence is a legal term that refers to the failure of someone to use reasonably prudent care. A negligence claim generally requires that four basic elements be met. They are: a duty of care was required; there was a breach of that duty; the breach of the duty of care was the cause of the injuries; and the plaintiff suffered damages as a result. In an elder abuse case, the duty of care is generally easy to establish. If your elderly loved one was placed in a long term care facility or was under the care of a private nurse or caregiver, then the very description of their job was to care for your loved one. Clearly, there is a duty of care placed on the caregiver and/or facility. The breach of that duty can be obvious or more subtle. In situations where physical abuse was involved, the breach of the duty of care is obvious. Other situations are not as obvious but may never the less be a breach of that duty. Failure to provide adequate care such as proper hygiene or exercise can be a breach of the duty of care. Additionally, over medicating a patient or restraining a patient may also be considered a breach of the duty of care. Even verbal, emotional or financial abuse may be a breach of care. Sadly, the possibilities are endless when discussing how elder abuse can form the basis of a negligence lawsuit. Causation is generally easy to determine in elder abuse cases but not always. The last element – damages – encompasses both economic and non-economic damages. In legal terms, damages refers to injuries. Economic damages are things that are quantifiable such as medical bills. If your loved one suffered a broken hip as a result of being pushed, then the hospital or doctor bill would be an economic damage. Non-economic damages are what most people think of as “pain and suffering”. These are the things that you don’t have a bill for but for which you may be entitled to compensation. Your loved one may be able to receive compensation from the caregiver and/or facility for both economic and non-economic damages if they have been the victim of elder abuse.

If you have a loved one that has suffered elder abuse and would like more information about your legal options, please contact the elder abuse law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

California Elder Abuse Attorney Talks about the Prevalence of Elder Abuse

Wednesday, May 19th, 2010

Americans are living longer than in years past. While this should be good news, sadly, it has also led to an increase in elder abuse. According to the latest census, about 13% of the United States population is age 65 or older. Compare that figure to just 4% of the population being in the 65 or older age group in 1900. With advances in medicine and better health, diet and exercise habits, many seniors are self-sufficient well into their twilight years. For those that do eventually need help, whether it’s as simple as a weekly visit from a caregiver or around the clock care in a nursing home, studies show us that they are extremely vulnerable to abuse and neglect.

America’s senior citizens are our parents, grandparents, aunts and uncles. They may have been pioneers in their field or simply dedicated and hard workers during their lifetime. Regardless, they deserve to spend their twilight years without worrying that someone will take advantage of them or abuse them. They deserve our respect. Unfortunately, for many, instead they become the victim of elder abuse. Elder abuse can take many forms. Elder abuse can strike in the form of financial abuse, physical abuse, emotional abuse or neglect. Estimates are that between one and two million Americans over the age of 65 have been mistreated or abused by a caregiver. Exact figures are very hard to come by because incidents of elder abuse frequently go unreported. Experts think that there may be as many as ten times more cases of elder abuse than those that are reported.

The main reason that elder abuse is so under-reported is that they are such a vulnerable population. Many seniors are terrified to say anything about abuse that they are suffering for fear of retaliation. If they are financially or physically dependent on the caregiver that is abusing them, then they may be scared to say anything for fear of making the situation worse. Additionally, many seniors suffer from mental conditions that make communicating difficult. Those that abuse elders take advantage of these situations and count on the victim to remain silent. Elder abuse can happen in long-term care facilities, retirement homes, hospitals or by private caregivers or even family members.

Abuse of the elderly is a crime in the State of California and the perpetrator can be arrested and charged with a variety of charges depending on the abuse involved. Elder abuse can also lead to civil lawsuits in the form of negligence claims or even wrongful death lawsuits. If you suspect that someone you know aged 65 or older-whether it’s a family member or friend- is being abused in any way, report your suspicions to the proper authorities immediately. If you believe that your loved one has been physically injured as a result of the neglect or abuse or that a loved one’s death was the result of abuse or neglect, you may also have the basis for a California personal injury lawsuit or wrongful death lawsuit.

If you would like more information about your legal options if you feel that a loved one has been the victim of elder abuse, please contact California elder abuse attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com

Elder and Nursing Home Abuse

Tuesday, May 18th, 2010

Elder and nursing home abuse occurs all too often in nursing homes. Elderly people are some of society’s most vulnerable people. The elderly are perhaps at the point when they are the most vulnerable point when it is clear that they are in living situations where they can’t defend themselves easily.

Abuse in nursing homes takes on many forms, but it is all damaging one way or another, either financially, physically, or emotionally. With our society begin to favor nursing home care over in home care and the population of the elderly increasing; We must be ever increasingly vigilant in protecting our senior citizens from abuse. It is critical that we know and understand the signs of nursing home abuse.

Neglect is one of the most prevalent types of abuse in nursing homes that is evident today. Nursing home neglect is often overlooked the results are that there is a general health decline in elderly people which may result in their eventually death. The problem can occur in any nursing home and can take on numerous forms. The fact that nursing home abuse can be ignored or overlooked for so long makes it especially sinister. Even after repeated nursing home visits, the signs of neglect in nursing homes can often remain hidden.

There are numerous reasons why elderly nursing home residents suffer neglect and abuse. The workers in nursing homes are too often poorly trained, overworked, and low paid. There are times when a problem occurs involving a nursing home owner who tries to cut corners by reducing training or personnel. However, sometimes the worst cases of abuse and neglect occur in nursing homes that appear to be well run, professional, and clean. Management is frequently well aware that there is a problem of abuse or neglect.