You can learn a great deal from the older people in our lives but attempting to look after them can be challenging when they get to the level they can no longer care for themselves. This is the reason nursing homes and assisted care facilities exist and offer the around-the-clock professional care that the untrained cannot offer, at least not all the time.
Even so, some nursing homes aren't harmless and they can abuse the elderly. The elderly then become victims who can't or won't speak out about it, for fear. This is an extremely serious offense and must be addressed no matter what and in every case.
Senior Legal Rights:
The Nursing Home Reform Act of 1987, which was integrated into the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) right after its inception, set down particular laws created to guarantee the protection, dignity and care of all elderly persons residing in publicly funded facilities. In addition, this law established a number of residents’ rights to which all involved must know and comply. This is a list of the rights related to this Act:
Patients of nursing homes have the right to:
* Be totally informed of all data regarding their lives, their care and the law as it relates to their lives and care
* Get involved in their day-to-day care, its design, scheduling and execution
* Make independent choices
* Privacy and confidentiality
* Dignity, respect and freedom
* Constant security of personal possessions
* Engage in transfer or discharge, providing that specific conditions are met, such as a 30-day notice of said transfer or discharge
* To complain and expect acceptable response from federal, state, municipal or facility administration, in government, health care, social security, and other relevant aspects covering their lives.
* Ongoing visitations from loved ones, legal counsel, health care practitioners, chosen friends, ombudsmen, and other officials as necessary
Signs And Indications of Abuse or Neglect:
Down below is a list of standard signs or indicators of possible abuse and/or neglect. Those concerned should keep their eyes open.
* Physical injuries, including bruising, broken bones, scars, cuts, and bed sores (also known as ‘pressure ulcers’)
* Strange or unordinary behavior of elderly residents
* Lack of food and/or water
* Insufficient bathing amenities or opportunities, in conjunction with available supplies, like shampoo and soap, and ongoing assistance for those who need aid bathing, eating, dressing, walking, etc.
* Soiled/unchanged underclothes
* Verbal abuse
* Unclean facilities, for instance the bathroom and kitchen areas
* Smells in the bed and clothes
* Dirty hair and nails
* Unexplained weight change (especially loss)
How To Protect Your Loved Ones:
If you are worried about your family member being possibly abused in a nursing home, there are lots of routes you can take to protect them. It's to your advantage to contact a personal injury lawyer immediately to ensure your relative is fully protected by the law. The life and wellness of your family member might just depend on it.
Thursday, December 30, 2010
Wednesday, December 15, 2010
What You Should Know About Wrongful Death Lawsuits
Wrongful Death refers to an accidental death caused by the carelessness of another party (an individual, professional, non-professional, business or company, outside group or public entity or supervisor) where damages are given to he victim’s family members or dependents.
Wrongful Death cases occur very often but they are generally very complex. Why is this? Needless to say, a claim involving wrongful death involves a lot of things about the incident (what happened, how it transpired, where it transpired, when the incident happened, why the occurrence happened and who was involved). These kinds of information is not always obvious, not easily attainable and is frequently contested. Therefore, for family members to obtain a settlement there must be adequate evidence.
Accidents are the number one cause of death for those who are aged 38 and under. Two people die and 330 are injured in accidents just about every ten minutes.
What Are Some Of The Usual Wrongful Death Causes?
* Medical malpractice by a health-related professional
* A fall on a property without warning designations
* Animal attack unrelated to the security of private property
* Work accidents, particularly when the conditions behind the incident were outside of the victim’s control.
* Dying under the oversight of another
* Automotive accidents because of the negligence of another motorist
* Motorcycle accidents as a result of the negligence of another motorist
* Aviation accidents as a consequence of the neglect of the pilot and/or airline organization
The Sorts Of Settlements Awarded In Wrongful Death Legal Cases
* Medical fees and funeral costs
* Pain and suffering of the victim’s loved ones
* Emotional damages
* General damages
* Reduction of the victim’s future wages up to the estimated time of retirement or death
* Loss of the victim’s work benefits, such as pension, health coverage and educational costs
* Loss of care, protection and/or companionship with regard to the victim’s loved ones
* Loss of inheritance that would otherwise be awarded to surviving loved ones but denied due to an untimely death
Bear in mind, Wrongful Death claims often have a statute of limitations so it is very important to take action speedily.
In case you have recently suffered a wrongful death in the family, call an experienced Wrongful Death attorney immediately. A lawyer who knows the law regarding Wrongful Death cases can help you determine your best next move and help you retrieve every bit of compensation you legally deserve for your horrible loss.
Wrongful Death cases occur very often but they are generally very complex. Why is this? Needless to say, a claim involving wrongful death involves a lot of things about the incident (what happened, how it transpired, where it transpired, when the incident happened, why the occurrence happened and who was involved). These kinds of information is not always obvious, not easily attainable and is frequently contested. Therefore, for family members to obtain a settlement there must be adequate evidence.
Accidents are the number one cause of death for those who are aged 38 and under. Two people die and 330 are injured in accidents just about every ten minutes.
What Are Some Of The Usual Wrongful Death Causes?
* Medical malpractice by a health-related professional
* A fall on a property without warning designations
* Animal attack unrelated to the security of private property
* Work accidents, particularly when the conditions behind the incident were outside of the victim’s control.
* Dying under the oversight of another
* Automotive accidents because of the negligence of another motorist
* Motorcycle accidents as a result of the negligence of another motorist
* Aviation accidents as a consequence of the neglect of the pilot and/or airline organization
The Sorts Of Settlements Awarded In Wrongful Death Legal Cases
* Medical fees and funeral costs
* Pain and suffering of the victim’s loved ones
* Emotional damages
* General damages
* Reduction of the victim’s future wages up to the estimated time of retirement or death
* Loss of the victim’s work benefits, such as pension, health coverage and educational costs
* Loss of care, protection and/or companionship with regard to the victim’s loved ones
* Loss of inheritance that would otherwise be awarded to surviving loved ones but denied due to an untimely death
Bear in mind, Wrongful Death claims often have a statute of limitations so it is very important to take action speedily.
In case you have recently suffered a wrongful death in the family, call an experienced Wrongful Death attorney immediately. A lawyer who knows the law regarding Wrongful Death cases can help you determine your best next move and help you retrieve every bit of compensation you legally deserve for your horrible loss.
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