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At Hampton and Hampton Law, we are dedicated nursing home abuse attorneys who prioritize elders’ safety, well-being, and respect. Facing neglect, mistreatment, or abuse in a nursing facility is a serious concern, and our experienced legal team is committed to standing by your side through such challenges. Our expertise in navigating the complexities of regulations and standards that govern nursing homes equips us to provide personalized and empathetic legal support for you and your family.
Choosing a nursing home is a significant decision, fraught with challenges and concerns. The elderly, along with individuals who have mental illnesses or are disabled, are especially vulnerable to the risks of crime and neglect in these settings. As the population ages, particularly with the increase of the baby boomer generation and advancements in healthcare extending lifespans, the issue of nursing home abuse and neglect has become more pronounced.
The rise in nursing home abuse calls for a vigilant approach to safeguarding our loved ones. Many nursing home residents are dependent on Medicaid, which often leads to facilities being underfunded and understaffed. This situation can decrease the quality of care, highlighting the need for diligent legal support to combat negligence and ensure the well-being of our most vulnerable citizens.
At Hampton and Hampton Law, we are committed to protecting the dignity and care of individuals facing nursing home abuse. Our team is dedicated to assisting victims of nursing home neglect and their families in holding facilities accountable for various forms of harm, including:
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If you suspect there might be nursing home neglect, negligence, or abuse, it’s crucial to respond promptly. Although each situation is unique, here’s some advice on actions to contemplate:
Collect evidence of any indicators of abuse, whether they involve physical injuries, alterations in behavior, or emotional distress. Capture photographs of any visible injuries or unsafe conditions.
Notify the relevant authorities, such as Adult Protective Services (APS) in your state, to initiate an investigation into elder abuse cases. Additionally, inform local law enforcement if there are suspicions of criminal activity.
If there's an immediate threat to the individual's safety, dial emergency services (911) to ensure swift medical attention or assistance. Whenever possible, remove the person from the abusive environment.
Seek guidance from an attorney specializing in nursing home abuse cases. Share your collected evidence and explore potential legal avenues against those responsible.
Consider counseling or therapy to help both the affected individual and their loved ones cope with the emotional aftermath of such a distressing experience.
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Common signs of elder abuse:
1. Unexplained bruising, black eyes or other injuries
2. Falls, especially if they are frequent
3. The development of bedsores
4. Rapid weight loss
5. Lack of interest in activities the patient used to enjoy
6. A change in demeanor such as aggression or unusual depression
7. Emotional agitation or extreme withdrawal
8. Fear of being touched
9. Signs of overmedication like drowsiness, dry and cracked lips, slumping in wheelchairs, drooling, unresponsive behavior, vacant stares and slurred speech
10. Caretakers unable to give a reasonable explanation of a patient’s condition or injury
11. Signs of neglect, like poor personal hygiene, urine smell, unsanitary conditions
12. Missing personal items, especially items of value
• In one year alone, 25% of nursing homes were cited for causing serious injury or death.
• More than 30% of nursing homes experience some type of elder abuse.
• Only about 20% of abuse cases are reported.
• Abusers are known to the victim in 90% of cases.
Professional Negligence, Ordinary Negligence, Negligence Per Se, Injuries Caused by Third Parties, Breach of Contract, and Class Actions.
In a claim for professional negligence, the defendant is usually a nurse or medical care provider. In the complaint, the plaintiff alleges that the defendant failed to exercise a reasonable degree of care, diligence and skill ordinarily employed by nursing homes in similar situations and surrounding circumstances; and that the breach of care caused or contributed to the plaintiff's injuries. Each complaint must have an affidavit of a medical professional attesting to the standard of care and a breach in the standard of care. Nursing homes may be liable for a nurse's professional negligence, also called malpractice, under the doctrine of respondent superior (employer liability).