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Frequently Asked Questions of Orange County Elder Abuse Attorney Maurice L. AbarrThe following information includes frequently asked personal injury and nursing home abuse questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Orange County Elder Abuse Attorney Maurice L. Abarr, you can receive a free personal consultation regarding your specific legal claim. Services are provided for English and Spanish speaking clients.
Elder, disabled and dependent adults rely on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. Nursing home neglect laws encompass the federal and state governments that establish uniform standards for nursing homes to provide adequate care for the residents and ensure their protection and safety. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are repeatedly being neglected and abused. Signs of nursing home abuse and neglect include:
Whether it is a single incident that causes injury or repeated neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding). The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. Orange County elder abuse attorney Maurice L. Abarr has prosecuted many cases involving the abuse or neglect of the elderly and dependent and provides free consultation to any individuals who believe that abuse or neglect may have been committed. What rights do nursing home residents have? Federal and state regulations provide nursing home residents with various rights. Some of these rights are as follows: (1) Residents have a right to know their medical condition and can participate in making decisions regarding their medical treatment. (2) Residents, who were not appointed a guardian or conservator, are allowed to manage their own financial affairs. (3) Residents are entitled to be told what extra services the nursing home offers and how much these services cost. (4) Residents have a right to a safe, clean environment that is also comfortable. (5) Residents have a right not to be abused in any way, including but not limited to, physically, sexually, mentally or through restraints and/or isolation. (6) Residents are entitled to send and receive all mail unopened. (7) Residents can associate and relate to others in a private matter. (8) Residents have the right to participate in social and religious events. (9) Residents are entitled to be given advanced notice if they will be getting a new roommate. Is nursing home abuse usually limited to physiological mishandling? No. Other forms of abuse can include the misappropriation of a resident’s funds or property, restriction of private phone calls or visits from family members and friends, restriction of visits from any state or local representative, noncompliance with the resident's decision to allow or not allow visits from anyone other than medical/resident staff, restriction of the resident to move or change facilities (if the resident is not mentally capable of such a decision, the immediate family can intervene), restriction of a resident’s religious observations, and the unlawful eviction of a resident. Federal law requires that all care facilities provide a thirty day written notice and must document a legal reason for discharge such as failure to pay rent, specific medical treatment cannot be provided by said facility, etc. Once abuse is determined, where and to whom should it be reported? If you feel that a resident is in fact being abused, contact and notify the nursing home administrator immediately. Federal law requires administrators to report claims of abuse to state agencies, such as the Adult Protective Service Agency (APSA), in which investigators will be assigned to the case. However, if the resident appears to be in immediate danger, contact the police or any local hospital to have the resident removed from the facility until arrangements can be made with another care provider. Usually, the very report of abuse prompts the facility to immediately remove the abusive perpetrators, but if it is unclear who committed the abuse, more investigation is required and the resident is better off being away from said facility. For more information, please contact Santa Ana California Nursing Home Abuse Attorney Maurice L. Abarr. Why is nursing home abuse becoming such an epidemic? There are factors that shed light as to why elder abuse is occurring and why care facilities are experiencing such problems. Nursing home employees are usually paid significantly less than hospital employees, they are expected to do more work in a shorter period of time, and are dangerously understaffed. Because of these stressful working conditions, it is becoming increasingly difficult to attract and keep qualified, skilled staff that has been adequately trained. And since staff is required and at a shortage, the screening process of new hires is not as selective as it should be. Is there a screening process when selecting a care facility to rule out chances of abuse? There are important steps to take to ensure that you or a loved one is provided with the best nursing home available. The most important step is to visit the facility. This provides an opportunity to talk with staff, the other residents who live there and to observe the living conditions. Notice if residents seem happy and well cared for; emotionally and physically. Also, notice if phones ring for long periods of time without being answered, or if meal trays are not attended to after meal time, as this can indicate if the facility is adequately staffed. You can find recent nursing home inspection reports, research the current staff, i.e. qualifications, length of employment, etc., and view resident doctors. For more information, please contact Orange County elder abuse attorney Maurice L. Abarr. How can abuse be prevented for residents who currently live in a long-term care facility? According to the National Center on Elder Abuse, the most effective prevention is to combine strategies to ensure a resident’s proper care. Under the Nursing Home Reform Act, an assessment of the resident’s interests, personality and health care needs are used to develop a personalized and practical care plan. This determines not only how the resident will be cared for, but who will carry out various tasks, when the measures will be completed, etc. Legislation on state and federal levels requires documentation of such care plans, and you can help by monitoring the plan and making sure it is being followed. Check records regularly, maintain contact with nurses and doctors and participate in care plan meetings. Help the resident stay connected with family, friends and other residents as much as possible, as social isolation increases the risks of abuse. Also, monitor any new hires that become responsible for the resident’s care. Ask to see their credentials and inquire of their background. Personal Injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
What financial compensation can I recover in a personal injury claim? Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Who can file a wrongful death lawsuit? A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly. How much does Maurice L. Abarr charge for personal injury/nursing home abuse counsel? The law firm of Maurice L. Abarr has very competitive prices, which fall within the range of the industry standard, and fee arrangements are tailored for each client's needs. Due to the nature of law, each case is unique and Attorney Abarr has many fee structures to accommodate each client and each client’s case based upon:
Most of the cases handled by lawyer Abarr are on a contingency fee basis, wherein if he wins nothing for you, you owe him nothing. The law firm of Maurice L. Abarr gives every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your free initial consultation with your Santa Ana, California personal injury and nursing home abuse Attorney Maurice L. Abarr. If you or someone you know in Santa Ana, California, or within the counties of Orange, Riverside, San Bernardino or Los Angeles, California needs the assistance or trusted legal advice of an experienced nursing home abuse lawyer, please call Attorney Maurice L. Abarr today at 866-665-8312, or use the contact form provided on this site to begin your free consultation with a trusted California personal injury lawyer. |