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Category Archives for "Nursing Home"

3 Steps to Take if You Suspect Nursing Home Abuse

3 Steps to Take if You Suspect Nursing Home Abuse

The continued aging of the population of the United States means more and more of us will be relying on nursing homes for care in our twilight years. In fact, the latest U.S. census in 2010 reported the highest proportion of our population above 65 in the history of the country. And adult protective services have reported an increase in elder abuse.

Perhaps the scariest statistic of all comes from a New York state study, which found of every known case of elder abuse, 24 cases went unreported.

That’s why it’s vital you stay vigilant and call a nursing home attorney in Chicago if you suspect that your loved one is a victim of nursing home abuse. Until you can talk to a legal professional be sure to take these steps.

Help your loved one file a complaint.

Nursing home residents are legally entitled to file a complaint with their nursing home. Staff is legally required to make reasonable accommodations to deal with these complaints.

As mentioned before, nursing home abuse tends to be underreported. Among the reasons for this is that many residents fear retribution from staffers. Your presence will be reassuring to your loved one, who may fear his caretakers. And, if the nursing home is being negligent, you’ll be able to hold them accountable by being an advocate for your loved one.

Look into new nursing homes.

It always helps to have options. If you suspect nursing home abuse, you don’t want to be left without a place for your loved one to stay. The Center for Medicare and Medicaid Services provides information on finding a caretaker for your loved one. Read their publication on choosing a nursing home.

Investigate your nursing home.

Medicare.gov provides information on all active nursing homes. If you do some digging, you can research the records of various nursing homes, including your own. Understanding their track record can help you decide when it may be time to call a nursing home attorney in Chicago.

The last step is to call the Law Office of Scott D. DeSalvo for a nursing home attorney in Chicago. If you suspect your loved one is a victim of nursing home abuse, we can provide the professional legal counsel you need. Call now at 888-487-8318. Or visit the rest of our website to learn more about our variety of service offerings.

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Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

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What Is Nursing Home Neglect?

What Is Nursing Home Neglect?

Nursing home neglect is a problem facing many of our nation's elderly. As people grow older they are less likely to be able to provide proper care for themselves which is why nursing facilities exist - to provide the care that the elderly cannot give themselves. We trust that these facilities have the right equipment, staff, training, resources, and ethos to take care of their residents. However, this often is not true. Many nursing home residents end up being abused or neglected at some point during their residency and studies have shown that abuse/neglect has detrimental results on their health. A nursing home negligence attorney Chicago can provide the legal counsel and expertise to help you or someone you love to get the justice they deserve. 

Elderly who are abused and/or neglected are 300 times more likely to die than those who are not abused/neglected. Considering that approximately 1 out of every 10 elderly experience abuse this is an extremely dangerous pattern that needs to be addressed by a nursing home negligence attorney Chicago. The Law Office of Scott D. DeSalvo is dedicated to helping fight nursing home neglect and abuse. If you are looking for a nursing home negligence attorney Chicago then call our office right away. Identifying nursing home neglect can be tricky, especially as a nonresident outsider. Here are some forms of nursing home neglect and their symptoms.

Types of Nursing Home Neglect

  • Physical: The literal physical neglect of nursing home residents by staff is one of the most common forms of nursing home negligence. Refusing to help residents relieve themselves, to help them get their meals or move around, failure to answer calls are all forms of neglect. Weight loss, bed sores, bruising, and other physical signs of injury are all evidence of negligence.
  • Emotional: The emotional neglect that many nursing home residents experience is extremely debilitating on their behavior, health, and morale. Many residents are ignored, emotionally neglected, and emotionally manipulated while at a nursing home. This kind of neglect can lead to emotional withdrawal, mental health issues, and moral degradation.

Nursing home neglect is a serious mistreatment of the elderly and often results in poorer health and a greater likelihood of death. A nursing home negligence attorney Chicago can help you and your loved one access the legal avenues necessary to get the justice they deserve. Call the Law Office of Scott D. DeSalvo for a free case evaluation.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

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  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

7 Things You Need to Know Before Filing A Nursing Home Lawsuit

7 Things You Need to Know Before Filing A Nursing Home Lawsuit

At their best, nursing homes offer a place where loved ones can enjoy their golden years under the supervised care of professionals. Unfortunately, because of the increasing frequency of improper and negligent care, there is a rising need for understanding when and why you might need to file a lawsuit.

Knowing when to move a loved one into a nursing home is difficult enough on its own. But if you suspect malpractice and improper treatment once they get there do know how to respond?

There are so many ways a loved one can receive the wrong care. Even misreading a chart has resulted in death for some patients.

Make sure you protect your loved ones. Here are 7 things to know before filing a nursing home lawsuit:

1. The Law Is On Your Side in A Nursing Home Lawsuit

In the past, there were laws that actually made filing a nursing home lawsuit very difficult. However, in an effort to increase the quality of care and protect the elderly there has been a shift in patient’s legal rights.

A reform of requirements for nursing home facilities using Medicaid and Medicare programs now allows legal action to include reviewing records of abuse and malpractice in nursing home cases. The rules were part of a larger reform that went into effect in November of 2016.

You may be under the impression that because of federal protections it is nearly impossible to file a successful lawsuit against a nursing home facility. That is no longer the case.

If you suspect mistreatment or abuse the law can now help you in a case.

2. You Are Not Alone

One of the worst parts of preparing for a nursing home lawsuit is coming to understand how widespread the problems can be. If you suspect a loved one is being abused, mistreated, or worse, there is a fair chance you are right.

More than 1,000 nursing homes in the United States were cited for rape, sexual assault, and abuse between 2013 and 2016. And out of these incidents, 100 of the nursing homes were cited multiple times.

Some experts say that as many as 1 in 3 patients have been abused in nursing homes. Clearly, the statistics show that there is a good chance you may have a case on your hands.

3. Eviction Issues

There have been a number of cases in Illinois where patients have been evicted from nursing homes. As a result of these evictions, they were unable to get the treatment they needed and suffered consequences.

Involuntary discharge from nursing homes happened in more than 5,000 cases in 2015. Nursing home lawsuits aren’t always the result of poor care while inside the facility itself.

If your loved one was evicted and suffered health consequences down the road these situations may be related. Understanding the connection between corporate greed and poor nursing home care may leave you with a lawsuit to pursue.

4. The Importance of Representation

One of the mistakes families and loved ones of patients in nursing homes can make is waiting too long to address a questionable situation. Like other difficult issues people many times want to believe things aren’t as bad as they think.

Or, in other cases, they attempt to pursue an investigation on their own. If you suspect that a loved one is being abused or suffering mistreatment it is important to pursue help as soon as possible.

The right legal help can assist you in evaluating the situation. Remember, when it comes to requesting records and information on treatment, you are dealing with the same agencies who may be at fault.

Talking to a lawyer with experience will help you understand the issue and how to best pursue legal action. Don’t wait too long to get legal help.

Failing to proceed with representation and the benefit of experience can mean the difference between failure and success in your case.

5. Other Types of Mistreatment

While part of nursing home care often includes medical attention and health treatments abuse can extend far beyond the parameters of medical malpractice when pursuing a nursing home lawsuit.

As stated above, these abuses can be sexual in nature. They can also extend to misreading a chart or providing improper medication.

In one lawsuit a patient died after he was given food that didn’t comply with the orders of his doctor. This Chicago nursing home patient tragically died after being allowed to eat the food while unsupervised.

The result was a settlement that was over $800,000.

If you are considering addressing abuse or mistreatment in a nursing home situation it is wise to evaluate all methods of care.

6. Lawsuits Have Major Monetary Value

Beyond the heartbreak of dealing with the abuse and mistreatment of your loved ones, it is important to understand the financial implications of a nursing home lawsuit.

As stated above, nursing home lawsuits can bring awards in the hundreds of thousands. Recently one nursing home provider reached a deal to award over $50 million to resolve federal lawsuits.

Not only are the types of lawsuits varied, and the prevalence of abuse hard to comprehend– but there are major monetary awards in these cases.

7. Help To Protect Others

The sad truth is that monetary awards or legal action cannot undo any mistreatment or abuse your loved ones may have faced in a nursing home. But beyond protecting your loved ones there is the important measure of stopping the abuse for other patients when pursuing a lawsuit.

It is not just the safety of your loved ones that is at risk. A nursing home lawsuit will bring malpractice and abuse forefront and help to stop the infractions.

The right legal team will have positive testimonials from clients who can attest to the experience of skill of your lawyers.

The Law Office of Scott D. DeSalvo LLC can provide the help you need. Not just to help you and your loved ones, but to protect other members of the community.

Don’t wait to get the legal assistance you require. Contact us today for a free consultation.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

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Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Nursing Home Lawsuit Cases Happen More Than Expected

Nursing Home Lawsuit Cases Happen More Than Expected

Whether you’re a resident in a nursing home or your loved one is the resident, you want a high standard of care.

But, when harm, injury, or death befalls a patient due to negligence, what are your options?

In cases like these, a lawsuit can help.

Not only can nursing home lawsuit cases provide monetary recompense, but it can also drive positive change in the facility itself.

Did you know 90% of nursing home residents report that they have experienced neglect?

Negligence in nursing homes is actually quite common, and if you don’t have the proper information ahead of time, it can be difficult to know what to do.

Many for-profit nursing homes protect themselves from regulations through subsidiaries. This doesn’t mean that negligence shouldn’t be reported, or that lawsuits shouldn’t be filed.

But, before going down that road, it’s important to understand what these unique types of cases entail.

This guide will show you not only what nursing home negligence is, but also how it can be proven and the results you might expect.

Keep reading to understand nursing home abuse cases.

Types of Nursing Home Lawsuit Cases

Before getting into the specifics of these types of cases, it’s important to understand that they can follow two paths.

Those paths are medical malpractice or personal injury.

Here are the subtle differences between the two:

  • Personal injury is physical harm inflicted on a person’s body. It excludes property or reputation damage. It covers a broad array of examples including accidents
  • Medical malpractice involves professional negligence. The negligence must be committed by a health care provider. The treatment they give must be substandard, and it must lead to harm, injury, or death of a patient.

Of the two, medical malpractice is more difficult to prove. It’s also where most nursing home lawsuit cases tend to fall if negligence is involved.

Types of Negligence

There are many different types of negligence that can be proven in a medical malpractice case. Each of these can lead to physical harm or injury, or even death.

The types of negligence most often seen in nursing homes include:

1. Healthcare providers giving improper hygienic, medical, or nutritional care to patients.

This includes failing to keep patients clean. It includes failing to provide a balanced diet. It also encompasses a failure to administer medication as directed.

2. Healthcare providers ignore nursing home residents.

An example of this type of negligence might include leaving patients in beds so long that they get bed sores.

3. Healthcare providers and facilities failing to provide safe premises.

Everything from wet floors that cause slips and falls to physical assaults from other residents can fall into this category.

4. Healthcare managers failing to train and supervise their employees.

Improper training leads employees to commit acts of negligence without knowing it. Even if they are unaware, the facility may still be responsible. Facilities that fail to surveil employees miss opportunities to prevent negligence.

Many facilities are bound to adhere to a standard of care set by Medicare. Failing to follow these standards can constitute negligence.

Proving Neglect

The burden of proving neglect in nursing home lawsuit cases falls on the plaintiff’s shoulders.

This is often the most difficult part of the case, but, with proper advice, these cases can be won.

There are two main ways a plaintiff can prove negligence:

  1. The act of neglect can be shown to have directly led to harm, injury, or death
  2. Expert testimony can add weight to the plaintiff’s claims.

The defendant, (the nursing home facility) will attempt to create doubt as to their responsibility should the case go to trial.

What to Expect

Rather than tackle nursing home lawsuit cases alone, many victims seek the aid of the legal representation. With this kind of help, plaintiffs have an expert in their corner and can hope to obtain compensation in four different ways.

Medical Expenses

If a resident needs medical attention as a result of negligence in the nursing home, medical expenses may be reimbursed.

This may happen in or out of court. Because of this, any bills incurred by the patient should be saved, whether or not the patient has already paid them.

Pain and Suffering

Nursing home residents who have been victims of negligence may receive money for pain and suffering. This may be rewarded either in or out of court. This type of compensation is for physical distress only.

The amount paid can vary on a case-by-case basis and is separate from medical expenses. Plaintiffs might receive both, as well as other types of compensation.

Emotional Distress

Emotional suffering is different from physical suffering and often, can last a lot longer.

Plaintiffs who have suffered from negligence might be offered this type of compensation in addition to other types, or on its own.

Because emotions are intangible, this is one type of compensation that might be increased with expert testimony.

Punitive Damages

Punitive damages are usually awarded by a judge and are intended to punish the defendant if the plaintiff should win the lawsuit.

Why would a judge want to assess punitive damages?

Because sometimes it takes a serious financial hit for a badly run nursing home to change its ways.

If the nursing home facility has to pay extra compensation, it has reason to correct its policies in the future. This, in turn, can lead to a healthier environment for residents.

Precisely how much money a plaintiff can expect from a lawsuit, depends on the case, the evidence, the nursing home facility in question, and other competing factors.

In this, as in all nursing home lawsuit cases, expert legal representation will be able to offer more specific expectations.

Getting Help

Nursing home lawsuits can seem daunting, which is why many choose to seek the assistance of a legal firm.

Choosing the right firm- one you can trust that has experience in nursing home negligence and abuse cases – is absolutely crucial.

Got any questions or looking for some legal advice? Reach out and talk to us.

We’re always happy to help.

Get Your FREE Injury "Cheat Sheet"

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  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When You Should Get a Lawyer for Nursing Home Abuse

When You Should Get a Lawyer for Nursing Home Abuse

The decision to put your relative in a nursing home is never easy. It can be one of the most difficult and traumatic decisions you and your family have to make.

You probably spent a lot of time agonizing over which home to choose for your loved one.

Your concern about choosing the right nursing home is certainly justified. For nursing home residents, the quality of life is highly impacted by the amount of personal attention and care they receive from the staff.

Be Aware Of Potential Abuse

While many nursing homes do an excellent job of taking care of their residents, sometimes our worst nightmare happens. We suspect our loved one may be a victim of nursing home abuse. 

Although their living conditions are unique, nursing home residents have the same rights as any other citizen. They have the right to be treated with respect and to be free from neglect and abuse. They also have the right to receive proper medical care, proper privacy, and more.

If you believe these rights are being abused or neglected, it’s time to hire a lawyer.

Lawyers for nursing home abuse can help investigate and put an end to this negligent behavior.

Let’s take a look at exactly when you should hire lawyers for nursing home abuse.

Understanding the Types of Abuse

The first thing you need to understand is that abuse isn’t limited to physical violence or neglect.

Nursing home abuse can occur in a variety of ways. It may be physical, emotional and psychological, or sexual. It may also take the form of financial exploitation, negligence, or abandonment.

According to the 2010 Census, more than 40% of nursing home residents have reported abuse. Even more troubling, that same study showed that 90% have reported that they or another resident have been neglected.

Being aware of the different types of abuse will help you understand when it’s appropriate to call a lawyer. If you believe your loved one is experiencing any sort of abuse, lawyers for nursing home abuse should be contacted immediately.

Let’s take a deeper look at each of these forms of abuse to give you a better understanding:

Psychological/Emotional:

This type of abuse takes place when an employee of a nursing home does something to cause emotional suffering to a resident.

Some examples of this include:

  • Ignoring the elderly resident
  • Intentional isolation from activities
  • Blaming or scapegoating
  • Habitually demeaning the elderly resident
  • Menacing/threatening the elder

Emotional, psychological, and verbal abuse can be a little more difficult to pinpoint. This is because there is often no physical evidence of abuse. Looking out for these signs will help you determine if your loved one is suffering from this type of abuse:

  • Low self-esteem
  • Avoiding eye contact
  • Sudden mood swings
  • Avoiding social interactions
  • Seems more withdrawn or depressed
  • Changes in sleeping/eating patterns

Physical Abuse:

Physical abuse takes place when the elder is physically harmed, threatened with physical harm, or isn’t receiving basic essentials.

Some common examples of physical abuse in nursing homes are:

  • Inappropriate use of restraint
  • Hitting, shoving, slapping or pushing
  • Threatening to use a weapon
  • Burning or biting

Warning signs of physical abuse often include:

  • Dislocated joints
  • Sprains, fractures, or bruises
  • Multi-colored bruises encircling the wrist area
  • Traumatic tooth or hair loss
  • A history of hospitalizations for similar injuries
  • Unexplained withdrawal from social activities
  • Varied stories detailing how the injury occurred

Sexual Abuse:

Sexual abuse occurs when there is unwanted sexual contact between the resident and the elder.

Common warning signs of sexual abuse include:

  • Pelvic injuries
  • Sudden difficulty sitting or walking
  • Withdrawal from social activities
  • Bruises near the inner thigh or genital area
  • Bloody, stained or torn undergarments
  • Panic attacks
  • Suicide attempts
  • STDs

Financial Exploitation

Financial exploitation is also referred to as material exploitation and financial abuse. This type of abuse involves illegal or improperly using the elder resident’s funds, assets, or property.

In many instances, elder residents are not even aware that financial abuse is going on. Some examples of financial exploitation are:

  • Forging a signature of a resident
  • Cashing a resident’s check without permission
  • Stealing or misusing resident’s money or possessions
  • Coercing the resident to sign a document, such as will

According to a study conducted by the MetLife Mature Market Institute, financial exploitation costs elderly victims $2.6 billion each year. 

Negligence

Negligence is similar to abuse in some ways, but there is one distinct difference.

Abuse implies that the employee is intentionally harming the resident. Neglect, on the other hand, occurs when harm is caused to the patient as a result of sub-standard care.

Types of nursing home neglect include:

Social or emotional neglect

The elderly person is repeatedly left alone, ignored, or snapped at by an overstressed employee.

Personal hygiene neglect

The elder doesn’t receive proper care with bathing, cleaning, brushing, or laundering clothes.

Medical neglect

An employee fails to provide the elder with adequate attention concerning cuts, infections, bed sores, or diseases.

Basic needs neglect

The elder isn’t provided with a safe and clean environment or proper food or water.

Often times, high levels of neglect can lead to illness or even death.

Abandonment

Abandonment occurs when an employee who has been put in charge of taking care of a resident abandons them.

Similar to neglect, abandonment is not always done with the intent of harming the resident. However, it too can lead to serious injury or death.

Examples of abandonment include failing to give prescribed medications, failing to help a patient turn over in bed, or the failure to respond to patient’s bad call. They can also include leaving a patient who has slipped or fallen and a failure to regularly check on the patient.

Lawyers for Nursing Home Abuse: Wrap Up

If your loved one is experiencing any form of abuse mentioned above, legal action should be taken.

However, it is important to only select lawyers for nursing home abuse who have experience handling these types of cases.

Your lawyer should provide a free consultation to go over the case and help you decide the best way to continue. Also, they shouldn’t charge a fee for their services unless your case is settled or won.

If you believe you or a family member is a victim of nursing home abuse, please don’t hesitate to contact us today.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When Do You Need A Work Related Injury Attorney?

When Do You Need a Work Related Injury Attorney?

Getting injured at work can be devastating for you and your family.

The emotional costs of these injuries can be hard enough to deal with. When you consider the potential financial costs, it can be extremely overwhelming. 

In these cases, a work related injury attorney may be able to help you get the compensation that you deserve to help your family overcome this hardship. 

Filing for worker’s compensation can result in a lot of negative pushback from employers and other employees. They could be upset that you are attempting to rock the boat. 

Employers are not always looking out for your best interests. So, you need to have somebody on your side if your compensation request goes awry. 

Here are some ways you can determine whether or not you need a work related injury attorney.

The Nature of the Injury

What were the circumstances that lead to your injury? This is an essential question asked in all personal injury cases. 

If your injury happened at your workplace, you may think you have a substantial claim. But you must be able to prove that your injury was a direct result of your employer’s negligence. 

For example, let’s say you became injured after falling in your company’s warehouse. In this case, you have to be able to prove that your injury was because your employer did or didn’t do something. 

Many cases have been won or lost based on this question. If you are in a public place and you slip and injure yourself because of standing water, you have a valid claim for compensation. 

But if there was a “caution” sign next to that standing water, then whoever owns that public place is not technically liable for your injury. 

That’s why you will see many disclaimers post all around work environments that some would consider dangerous. This is a huge part of what makes some compensation cases so complicated. 

Cases where the injury happened at an offsite location can be even trickier. Even if you are at a specific location for the purposes of your job and you get injured, you may not have a substantial case. However, there are instances where these cases were successful. 

Either way, the “how” is the most important part of building your compensation case. This is because the answer to that question will define who is to blame for your hardship. 

The Severity of the Injury

How serious is your injury?

This qiestion directly correlates with whether or not you need to employ a work related injury attorney. If your injury only requires a brief hospital visit or a simple outpatient procedure, it may not be in your financial interest to hire an attorney. 

But if your injury is more serious, there will be more costs associated with it. Additionally, you’ll be entitled to much more money.

For example, if you are severely disabled in some way because of employer negligence, there will be a lot to endure. These things can include surgery, lengthy hospital stays, and physical rehabilitation. 

These injuries can change a person’s life. They will need compensation to ensure that their affairs are being taken care of when they can’t control them. 

A work related injury attorney is often hired in cases where an employee will have to miss work and will not be able to be paid a livable wage for the length of recovery.

In these cases, an employee may be entitled to compensation. This compensation can cover medical costs, lost wages, and emotional damages associated with the injury. 

But sometimes, employers will not want take your injuries seriously. They will pressure you into downplaying your injury so they don’t have to pay you as much. 

Whether or Not Your Employer is Cooperating

Severe, permanent injuries warrant a serious payout. 

This is a major reason to employ a work related injury attorney. The problem is that there are employers out there who will seek to give you as little money as possible for your injury — even if they were indirectly responsible for it. 

It’s shameful, but a lot of employers just want to save their money. This is true even if it means putting your financial and emotional situation in turmoil. 

Insurance companies are sometimes just as guilty. Often, a representative will attempt to question the circumstances and severity of your injury. They will try to pay out less money than you deserve. 

Their job is to question the validity of your claims. However, this undermines the plight of workers who actually need compensation to survive. These workers are regularly not taken seriously. 

In times like these, you need someone who will fight for you and speak up for you and your family. A lawyer can work as your spokesperson. 

An attorney can also negotiate a settlement for you. Settlement payouts can sometimes be in the millions. They can go a long way to ensure you and your family’s security. 

Sometimes, your injury at work is caused by a chronic hazard at your job, such as asbestos. In this case, a lawyer can contact other plaintiffs and help build a class action lawsuit against your company. This way, nobody else will be hurt by their negligence. 

Ready To Hire A Work Related Injury Attorney?

Remember, it’s crucial that you make the decision to contact an attorney before too much time has passed.

The longer you wait, the less that will be covered by your employer’s insurance. You will have to shoulder most of the cost out of pocket.  The time limit to file a worker’s compensation lawsuit varies per state. So, make sure you are aware of the restrictions. 

Hiring a work related injury attorney is the first step to justice. Your injury was not your fault. You shouldn’t have to bear the brunt of all of the expenses associated with your injury. 

Consider employing a work related injury attorney that has experiences dealing with cases like yours. 

Contact us for a free case evaluation and to get closer to receiving the emotional and financial support you need. 

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

7 Smart Tips from Personal Injury Attorneys in Chicago

7 Smart Tips from Personal Injury Attorneys in Chicago

Injured man consulting an attorney about a lawsuit.

You’ve just been injured in a car accident. Left leg was broken. Index finger on your right hand crushed. Left thigh burned to the third degree.

You know you’re entitled to financial compensation due to the negligence of the other driver, but you’re not sure how to go about getting it.  

So where do you turn? The good news is that persoanl injury lawyers are available to help.

Let's take a look at 7 smart tips on how you can successfully naviagte your claim with the best personal injury attorneys Chicago has to offer.

1. File a Police Report ASAP

Remember, if it’s not documented, it didn’t happen, at least according to the courts. Unless you have what happened in writing, anyone can say anything during a personal injury case.

Be sure to include as much relevant information as possible, including the:

  • Full names of every person involved
  • Contact information for every person involved
  • Facts as you know them to be
  • Make and model of the other vehicle if in an auto accident
  • Location and time of the accident
  • Machinery, objects or anything else involved in the accident if not an auto accident

It’s a good idea to write down as much information as possible before filing the police report.

2. Collect Evidence

Every little piece of evidence you can gather for your case can have a significant impact and adds credibility. Your personal injury lawyer can help you with this.

When you’re searching for “personal injury attorneys Chicago,” you’ll want to read the testimonials. Once you’ve established that you’ve chosen a reputable lawyer, he or she can help you know what type of evidence is most important to your case.

Keep in mind that lawyers can get sued, too. So, you’ll want to make sure that the information you’re giving your attorney is accurate, complete, and provided to the best of your ability.

3. Speak Mindfully

During a personal injury court battle, less is more. Make it a point to only speak with your attorney in the privacy of his or her own office.

You’re entitled to your privacy, and the details are no one’s business but yours and whomever you choose to share them with.

Avoid speaking about your case to family, friends, and especially strangers. Though it may seem as if your words are safe when you’re chatting with the grocer, beware. Even the walls can have ears.

Remember that “anything you say can and will be used against you in a court of law.” Keep your confidential information confidential.

4. Take Responsibility For Your Emotions and Reactions

After you’ve sustained a personal injury, all sorts of emotions may come up: anger, grief, fear, sadness, resentment, betrayal. And these are all valid and completely understandable.

But don’t forget these are your emotions, and you can choose how to respond to the situation when they arise.

Pursuing a personal injury claim is about receiving what you’re due in compensation for the physical, financial, psychological and employment consequences you endured. This is not about revenge. It’s only about justice.

So, even though it may be tempting to shout at or curse the person who harmed you, keep your emotions in check. Speak respectfully to all parties involved in your case, resting in the knowledge that justice will be served.

5. Stand Your Ground with Your Insurance Company

It’s natural for your insurance company to offer you the lower financial compensation that you deserve during your first attempt to contact them. They’re trying to save money and will agree to the lowest you will allow. This is normal operating procedures for insurance companies.

While you do want to be reasonable, you don’t want to sacrifice what you’re entitled to. Their inability or unwillingness to see the extent of your personal injuries does not have to determine how much you settle for.

Contact them a third or fourth time if needed. It’s normal for there to be several offers and counter-offers before reaching an agreement.

Comprise where you can to show them that you know what you’re worth and you’re willing to be open and reasonable. But also know when not to budge. This is where a personal injury attorney can help tremendously.

6. Social Media Can Be Your Best Friend or Worst Enemy

Many of us enjoy our daily romp down the Twitter page or our hourly browsing of Facebook pictures.

Social media is connecting, entertaining, and just plain fun.

But it’s important to remember that all this can change during a personal injury claims battle. Every status you post, every picture you take, every comment you give — all of it can potentially be used against you and hurt your personal injury claim.

From that picture of you throwing a ball to your 2-year-old cousin to that status about the great time you had a party the night before, you can greatly affect the outcome of your settlement.

These pictures and statuses can be used to demonstrate that you’re not really that hurt, or that you haven’t really suffered that much.

A good rule of thumb is to take a break from social media altogether during the personal injury claim process. It may just be worth the withdrawals you go through.

7. Hire a Good Personal Injury Lawyer

This may be a given, but it bears repeating. A good personal injury attorney can fight the battles that would only give you additional headaches and stress.

You’ll want to either fully research “personal injury attorneys Chicago” or get a very good recommendation from a trusted source.

The nice thing about having a lawyer is that they often fight these types of battles for you to get you the greatest financial compensation possible.

The next time you’re searching for “personal injury attorneys Chicago,” remember these seven tips.

The Best Personal Injury Attorneys Chicago Can Provide

You don’t want to cheat anyone. You just want to receive what you’re entitled to.

When you’re looking for personal injury attorneys, look no further than DeSalvo Law.

We’ll work with you to make sure you receive what you’re due, and we’ll be there for every step of the journey.

Contact us for more information and let us lead the way!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Everything You Need to Know About Nursing Home Neglect Cases

Everything You Need to Know About Nursing Home Neglect Cases

Unhappy Senior Woman Sitting In Wheelchair

Your loved ones need to feel safe in their homes. The decision to place your aging mother or father in a nursing home is a major life changing move to think about.

Unfortunately, there are everyday instances in which nursing home neglect cases need to be handled. Even when we try our best to protect our elderly loved ones, emotional and physical abuse can take place in nursing home facilities.

Did you know that research from a 2010 study showed that almost half nursing home attendants admitted to abusing elderly residents?

It doesn't matter what type of abuse occurs. You need to fight for your loved ones. Sometimes this horrific abuse means you need to endure a legal battle.

Let's dive into everything you need to know about nursing home neglect cases if are considering filing a lawsuit:

1. What are Examples of Nursing Home Neglect?

Firstly, you need to be in the know about what is defined as nursing home neglect. Neglect be interpreted as different types of abuse, ranging from emotional to physical incidents that affect an elderly resident.

There are quite a few examples of neglect that can occur for residents living in nursing homes. This is a comprehensive list of examples of abuse you should be aware of if you are pursuing nursing home neglect cases:

  • Physical abuse, which can vary from the inappropriate use of restraint to slapping or pushing the resident
  • Emotional abuse, which happens when a care giver is demeaning to the resident or isolates the resident from others
  • Verbal abuse, which refers to yelling, screaming at, or using foul language in the presence of the elderly resident
  • Sexual abuse
  • Involuntary seclusion
  • Financial abuse (where a care giver steals money from the resident in different ways.)
  • Theft or personal property loss,

If you believe your loved one has been abused, reach out to local police authorities immediately. After the initial call to the police has been made, you can take the next steps to treating the injuries that your elderly loved one has experienced as a neglect case. Nursing home neglect cases can be successful at giving your loved one the treatment that he or she deserves.

2. What Evidence Do You Need to Win Nursing Home Neglect Cases?

In order to win your neglect case, you need to be as well prepared as possible.

You must be able to prove that negligence happened while the elderly patient was living at the nursing home. The patient will be referred to as the "plaintiff" during the course of the neglect case. The plaintiff needs to understand what neglectful act he or she is accusing the nursing home attendant, or "defendant" of committing.

The plaintiff needs to make sure the injury occurred at the nursing home so the medical malpractice lawsuit can carry forward. The case will be under extreme scrutiny, so supplying your lawyer with the prime evidence of abuse is key. Do not let the defendant get away with the abuse if there is a lack of evidence or if the injury does not seem associated with the home.

Once the plaintiff secures the right track to move the case to the next step, a team of lawyers can address all of your questions in a timely manner.

You need the right nursing home neglect attorney to represent your family in times like these.  The team at Scott D. DeSalvo LLC can assist you throughout your entire neglect case.

3. Nursing Homes Choose Profits Over the People

Nursing homes have turned into quite profitable businesses. Statistics show that in 2009 alone, more than $104 billion dollars was made from the nursing home businesses around the country.

A private equity investor is not interested in the people, as they tend to reap the financial benefits of owning a nursing home. A for-profit company that is in control of a nursing home will significantly reduce the quality of treatment for residents as most of these homes go understaffed.

With fewer people on staff to help assist the elderly, more cases of neglect occur. The private equity investors do not look at their nursing homes as closely as others. For them, it's more important to seek high returns on their financial investments instead of maintaining healthy lives for their patients.

4. Federal Laws are in Effect to Protect Your Loved Ones

Federal and state laws exist to protect your loved ones in times of emotional or physical abuse from nursing homes.

Federal laws regarding nursing home care include the following regulations:

  1. Enough staff on duty to care for all residents
  2. Conducting an assessment of a resident before admittance into the nursing home
  3. Crafting an individual plan for the resident while he or she lives in the home
  4. Provide oral care, grooming needs
  5. Provide a safe environment to prevent any bed sores
  6. Make sure the resident has access to supervision at all times
  7. Provide the resident with enough liquid intake each day
  8. Provide medications to the resident on a regular basis
  9. Ensure that the resident is living a quality of life
  10. Maintain respect with the resident

Individual state laws vary. Nursing homes also need to be in compliance with those laws, too. The official Nursing Home Hotline is 800-252-4343 if wish to file a formal complaint.

Don't Hire Just Any Lawyer for Your Neglect Case

We know you have a busy schedule, but we also know how much you care about your elderly loved ones and would do anything to assist them through these times of need.

We at the law offices of Scott D. DeSalvo have operators standing by to answer your questions regarding nursing home neglect cases. Mr. DeSalvo is a highly regarded lawyer who will take his time to explain to you in plain English just how your neglect case can be won. You can even read our testimonials that show how dedicated he is to winning your case.

Are you thinking about pursuing a neglect case after reading our in-depth article?Please contact us for more information about our Chicago practice. Trust our team of legal experts to do the work to win your Chicago nursing home abuse case.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Signs You Need to Protect Relatives by Hiring a Nursing Home Abuse Lawyer

Signs You Need to Protect Relatives by Hiring a Nursing Home Abuse Lawyer

Hi guys. Nursing home injury lawyer Scott DeSalvo here.

Today I’m going to answer the questions:

What should I do if I have a nursing home case but it’s got some problems?

How should I handle it?

I want to tell you a little about a case that I was just involved in with another attorney. We were able to settle the case recently.

We had an older gentleman in a nursing home who had lots of breathing problems. He had advanced COPD. He would sometimes have worse breathing problems. Then, he would get better and then get worse and better.

One morning he had real bad breathing problems which was chartered at about 9 a.m. The nursing home didn’t send him to the hospital until about two in the afternoon.

They were charting serious problems but they didn’t even call his doctor until noon. Then, they finally got him to the hospital several hours later.

Now, the argument here on our side is obviously: when you know you’ve got a patient with breathing problems, and they exhibit more serious breathing problems, you have to call the doctor and get him to a hospital immediately. Because you already know his breathing is weak.

If there are any problems that manifest, it’s much more serious for somebody with a breathing problem than somebody who’s normal. For example, if I had a breathing problem and I started coughing, you’d take it more seriously than if I never had a breathing problem and then I started coughing and wheezing. You’d jump right on it if I had a preexisting problem with it. They didn’t do that.

The problem here, though, is a weakness in the case. This weakness was: How do we prove that his passing away was related to the delay in the medical treatment versus just the fact that he was very old, very sick, and had a lot of medical problems?

The problem is in front of a jury, we couldn’t be sure that we had a solid chance to win. Really, that’s when these cases settle, when the defense and the insurance company is afraid that they might get hit at trial, and on our side, we’re willing to compromise.

We were able to get a great settlement in a case, but only because good attorneys who cared about the case and spent two or three years litigating and working on the case put it together and pushed the insurance company into sitting down at the table and talking about a settlement.

So why am I telling you the story?

Well, that’s the advice I’m giving you. It is really important if you or a loved one has suffered nursing home abuse, or a nursing home injury or even a medical mistake to talk to a lawyer who’s gonna do the work.

You need to talk to a lawyer with experience who treats you like a human being, gets the information from you, has open communication with you. Then, it’s gotta be a lawyer who is gonna sit down and really analyze the case and push the case forward.

You know, had we not worked on this case and done a lot of litigation in it before the pre-trial, the defendants probably never would have come to the settlement table.

But it’s caring for the patient, caring for the client.  Because you care about them, you work hard on the case for them. And that sends a signal to the insurance company that even in a case with challenges or problems, even with cases you’re not sure that you can win at trial, those are the kinds of cases that you can get to the settlement table and resolve if you’ve got an attorney doing the right thing.

Can I Help Your Loved One In A Nursing Home Injury?

If you’re worried about your loved one’s safety, you need to act now. The Law Office of Scott D. DeSalvo, LLC, can help. Call us at 888-HURT-318 or contact us online today for a free case evaluation. We’re available 24/7 to answer your questions.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How to Report Elder Abuse at a Nursing Home

How to Report Elder Abuse at a Nursing Home

An estimated 12 million Americans require long term-term care. By 2050, the number of people paying for long-term care could be as high as 27 million.

As the number of elderly people grows, so too does the number of elderly people who are abused while in the care of a nursing home. Although many cases of elder abuse go unreported, it's estimated that 1 in 10 experience some form of abuse.

Several have been enacted to combat elder abuse. But the first and most important step to fighting for our growing population of elderly people is to report the abuse. Unfortunately, many professionals and individuals don't know how to report elder abuse.

In this guide, we explain what elder abuse is, how to detect the signs and how to report mistreatment. Keep reading to find out how to report elder abuse... it could help you save a life one day.

Who Can Commit Elder Abuse

Any person that cares for, or is involved in the care of, an elderly person, can potentially abuse that person.

When elderly people can no longer take care of themselves, they often rely on the care of several individuals. This includes family, nurses, doctors, at-home caregivers, long-term care professionals, and employees of long-term care facilities.

What is Elder Abuse

Elder abuse comes in many forms but always has the same consequences. Elderly abuse results in harm or loss to the person being abused.

Domestic violence, exploitation of finances, neglect, physical abuse, psychological abuse, and sexual abuse are some of the common forms of elderly abuse.

These forms of abuse often go unreported. The person being abused may not see loved ones that they trust with this information or loved ones may not know what to do about the abuse. Sometimes, the person being abused fears retaliation for reporting the mistreatment or they are unable to verbalize the abuse due to a loss of cognitive or physical function.

Abuse can also be hard to recognize and may go unnoticed. It's critical that loved ones, as well as anybody involved in elderly care, knows how to recognize the signs of abuse.

Forms of Elder Abuse

Below are the common forms of elder abuse and the signs to look for:

  • Sexual abuse. This involves unsolicited touching, fondling, intercourse or any other sexual activity. If the elderly person is unable to consent, has been threatened or physically forced to participate in sexual activity, it's a form of sexual abuse. Physical marks may be an indication of sexual abuse.
  • Emotional abuse. This includes verbal assault, threats, harassment as well as intimidation. This form of abuse is difficult to detect but it could cause fear of a caregiver, disconnection from loved ones or acting-out in unusual ways.
  • Physical abuse. Often resulting in injury, the signs can be anything from scratches and cuts to broken bones.
  • Confinement: When an elderly person is retrained or isolated for reasons other than medical reasons, this is a form of abuse.
  • Willful deprivation: An abuser may deny medication, care, shelter, food or other necessary physical assistance. This can result in physical, mental and emotional harm.
  • Financial exploitation: This effects an elderly person's ability to care for themselves. Signs include checks that are unaccounted for, inability to make payments, missing credit cards or property and insufficient bank account funds.
  • Neglect. This encompasses anything from not washing clothing to not providing necessary care. Common signs of neglect include unsanitary living conditions, bedsores, dehydration, malnutrition or unexplained medical conditions.

Duty to Report

The Elder Justice Act of 2009 was enacted to combat elder abuse, exploitation, and neglect across the US. Mistreatment of elderly people is endemic and this bill provides people with the resources they need to stop the mistreatment of older adults.

As an individual, if you suspect elder abuse you have a moral obligation to report it. This includes family members, neighbors, friends, at-home caregivers, medical professionals and employees of long-term care facilities.

In some instances, you may also have a legal obligation to report suspected abuse. Some states have mandatory reporting requirements for doctors, social workers, nurses and other healthcare professionals. If you suspect or know of abuse and don't report it, you may be held liable under both civil and criminal law.

Confidentiality

Your name may remain confidential when reporting depending on how severe the abuse is, how you report it and where you reported it. In some cases, your name and participation will be required to move forward with an investigation.

There are many ways to report elder abuse. Some offer confidentiality and some do not.

However, you shouldn't be afraid of retaliation for reporting abuse. In most cases, you are protected from being demoted, laid off or verbal harassment after reporting elderly abuse.

How to Report Elder Abuse

If you suspect elder abuse, you should report it right away. Below we discuss the many ways you can report any suspected abuse.

Document the Signs of Abuse

Documenting suspected or known abuse will help the case of the individual involved and allow the report to go through more quickly.

  • Note any changes in the behavior of the abused person involved.
  • If possible, get photographic evidence of injuries and signs of abuse.
  • Write down any noted injuries including scratches, cuts, bruises or broken bones.
  • If they're willing, take a written statement from the victim of the abuse.
  • If they're willing, take a written statement from any witnesses to the abuse.

Use The Grievance Procedure

Loved ones of elderly victims of abuse may choose to report abuse through the facility in which their loved one lives.

Long-term care facilities that accept Medicare or Medicaid are required to have a grievance procedure in place. You can find out about this procedure through the facility or in an information package provided when your loved one moved in.

You can make a complaint over the phone or in writing. If you're calling to make a complaint, write down the details of the conversation. Otherwise, file your grievance in writing and make a copy for your own records.

A representative from the nursing home will likely contact you for additional information about potential mistreatment. They'll launch an investigation and provide you more with details as to what you can expect. Usually, within 30 days, the nursing home will provide you with a report of their findings and the actions they've taken.

Report to Adult Protective Services

Adult Protective Services is available in all 50 states. They will investigate and respond to complaints of elderly abuse on your behalf.

However, what they're able to do varies in each state. You must ask what the scope and power of the investigation is when you file a complaint. You'll be required to fill out a form to report what is going on.

With Adult Protective Services you don't have to have hard evidence of the abuse. It is good practice to have some documentation to expedite the complaint.

The report will be assigned to a caseworker and they're responsible for investigating the nursing home. You'll need the permission of the patient for the caseworker to proceed. Be sure to talk to the victim and explain to them why this is important.

Contact Your Long-Term Care Ombudsman

Every state has an ombudsman program. This program investigates and resolves complaints of mistreatment.

As advocates for resident rights and, they'll investigate any claims of elder abuse and work through a process to resolve the situation.

Contact Eldercare Locator

Eldercare locator can provide you with more information on various state laws and regulations as well as what your options are for hot to report elder abuse. Although they don't take or resolve claims of abuse, they can point you in the direction of an agency that can.

Call 911 in Serious Cases of Abuse

If a serious injury has occurred or you suspect that it is possible, then you should call 911 immediately. Police officers are able to investigate claims of abuse to a degree and they can also point you in the direction of help.

What to Do After Reporting

After you've reported the situation, there are a few steps you can take.

Hire an Attorney

First, you should look into hiring an attorney. An attorney who handles elder abuse cases can advise you on what damages you are entitled to and what steps to take next.

If the elderly person involved was injured as a result of abuse, it is possible that you can file a personal injury lawsuit against the nursing home. Personal injury can be the result of anything from physical abuse to negligence.

If the victim's medications or medical treatment suffered as a result of the abuse, you may also be able to file a lawsuit for medical malpractice.

Contact the Doctor or the Person in Charge of the Nursing Home

The nursing home may not be aware of the abuse that's going on. It's critical to contact them so they're aware of a potential abuser and can take appropriate action. This could stop the abuser from hurting anybody else in the future.

Remove the Victim from the Nursing Home

In most cases, it's best to remove the elderly person who was abused to a new nursing home in order to protect their wellbeing.

Are You Aware of Elderly Abuse?

If you suspect a case of elderly abuse, you have a moral obligation to report that abuse. If you're a medical professional, you may even have a legal obligation.

If you're not sure how to report elder abuse, follow the steps outlined above. Then, contact us to find out what legal steps can be taken to correct the situation.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation