California Elder Abuse Attorney
Nursing Home Abuse Lawyers Arizona
We represent clients throughout California and Arizona against nursing homes and other managed health care facilities. At Blackman Legal Group, our attorneys are dedicated to providing victims and their families with the information and resources they need to help protect against abuse, neglect, and mistreatment suffered at the hands of nursing homes and their staff. We also represent people who have been injured in long-term care facilities in cases involving medication errors, falls, abuse infections, malnutrition and dehydration. We work with victims of elder abuse and nursing home negligence as well as their families to help them work through a traumatic and emotionally upsetting time. Our attorneys and staff are passionate about our work with victimized clients, and we want to help our clients and their families find the support they need, legally and emotionally.
Elder Abuse/Nursing Home Abuse - An Overview
Nursing home abuse refers to the physical or emotional abuse of elderly and other vulnerable adults that take place in residential, long-term care facilities or nursing homes. It is also sometimes referred to as institutional elder abuse. The specific legal definition of nursing home abuse varies from state to state, but in most states it is considered a criminal offense and falls under the general heading of elder abuse. Other types of elder abuse are domestic abuse (abuse or neglect committed by a family member, friend, or caretaker) and self-neglect (in which an elderly person fails to care for him or herself).
Elder abuse in nursing homes is a growing problem in the United States. In 2001 the Special Investigations Division, Committee on Government Reform, U.S. House of Representatives, reported that almost one-third of nursing homes in the United States were cited for abuse violations over a two-year period. Elder abuse may be physical, sexual or due to neglect. Physical abuse includes situations in which a resident is kicked, beaten or otherwise physically mistreated. Sexual abuse most often occurs when a resident is fondled, subjected to sexual contact, or raped.
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ELDER ABUSE AND NURSING HOME NEGLECT
According to the Federal Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains their overall physical and mental health. This entitlement includes freedom from abuse and neglect. Yet, the most prevalent types of elder mistreatment in care facilities are abuse and neglect. The bottom line is that abuse and neglect are criminal acts. It is a violation of State and Federal law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse an elderly resident of a nursing home.
Nursing home abuse and neglect is associated with several types of injuries. Among those, bedsores, malnutrition and dehydration, and fractures are most common
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Nursing Home Abuse - Signs and Symptoms
Elder Abuse is a hidden problem and few people feel comfortable talking about it. In fact, abused seniors often refuse to report abuse, and when they do, they may be called demanding, confused or senile. You may not recognize the signs of physical or psychological abuse because they are also signs of other medical conditions.
The bottom line, however, is that if a nursing home fails to administer care in a professional and compassionate manner, and you or your loved one has suffered from inadequate care, you may be entitled to compensation. The federal government and each state protect the elderly from abuse by providing a legal cause of action against the abusers. In many instances medical malpractice claims may be filed if it can be proven the health care provider did not give reasonable care to their patients. Health care providers include nursing home professionals and staff. In many cases, the abuse is criminal and criminal law applies. Certain time limitations may prevent you from filing your claim if you delay in pursuing your rights.
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Choosing the Right Nursing Home
There are many factors to consider when selecting a nursing home for a loved one. You want to select a reputable home and feel assured quality care will be given. There are hundreds of options available and it may seem daunting.
At the Blackman Legal Group our experience in assisting individuals with legal issues related to nursing home care has helped us understand you should look for when selecting a nursing home. There are many things to consider and it may seem overwhelming. To help you with the process we developed the worksheet below to help organize your evaluation of homes and to help you evaluate your needs to determine which nursing home is best suited for your particular situation. We also suggest you seek referrals from other people, such as your doctor, family, and friends.
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Financial Exploitation
The elderly lose millions of dollars each year because of financial exploitation. Sometimes the exploitation is the result of a con artist's scam. Other typical abusers include caretakers (paid or volunteer) and professionals. Sometimes, the victim's own family and friends take advantage of or steal their financial resources.
Financial exploitation can range from misuse of an elder’s funds to fraud, taking money under false pretenses, forgery, forced property transfers, purchasing expensive items with the older person’s money without the older person’s knowledge or permission, or denying the older person access to his or her own funds or home. It includes the improper use of legal guardianship arrangements, powers of attorney, or conservatorships.
Financial abuse can be defined as the improper or illegal use of the resources of an older person, without his/her consent, for someone else's benefit. Typical examples include con artists soliciting donations for charities, friends or family persuading the older person to give money, or even power of attorney.
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Elder Abuse Resource Links
National Center on Elder Abuse (NCEA)
A comprehensive source of information and assistance for elder abuse.
United States Administration on Aging
The Elder Abuse Prevention and Treatment Resources Page provides information concerning elder abuse prevention and treatment resources.
Elder Justice Coalition
The Elder Justice Coalition is a national membership organization dedicated to eliminating elder abuse, neglect, and exploitation in America.
Nursing Home Compare
This site provides detailed information about the past performance of every Medicare and Medicaid certified nursing home in the country.
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NURSING HOME ABUSE
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$5,200,000
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Nursing Home Abuse & Wrongful Death - Patient's medicare benefits expired so the facility dumped her while she suffered a 35 pound weight loss in a matter of weeks from emboli which perforated her bowel. Facility ignored these symptoms and she poisoned herself to death. Muccianti 4
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$3,100,000
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Nursing Home Abuse - Stage IV Pressure sore on coccyx of this unattended elder resulting in infection and lengthy hospitalization. 4
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$2,800,000
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Nursing Home Abuse - Stage IV pressure sore on a lower extremity ignored leading to the development of gangrene and subsequent amputation. 4
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$2,700,000
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Nursing Home Abuse - Severe malnutrition and dehydration leading to the development of pressure sores and gangrene. 4
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$2,400,000
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Nursing Home Abuse & Wrongful Death - Stage IV pressure sore was ignored and the resident was left in her own excrement. The excrement led to infection of the wound. That led to sepsis and death. 4
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$2,250,000
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Nursing Home Abuse & Wrongful Death - Resident with history of falls. No care plan put in place. Resident falls and suffers a subdural hematoma which is ignored by the facility leading to the plaintiff's death. 4
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$1,100,000
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Nursing Home Abuse - Pressure sore went untreated leading to infection and amputation. 4
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$912,000
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Maas v. Evergreen 4
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$750,000
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McCarron v. Confidential 4
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$550,000
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Murray v. Confidential 4
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$410,000
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Ransom v. Confidential 4
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1 - Verdicts & settlements for Blackman
2 - Verdicts & settlements for McNicholas
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