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Elder Abuse Lawyer
Attorney John Kelly: A National Elder Abuse Lawyer You Can Trust
WHEN IS AN ELDER ABUSE ATTORNEY NEEDED?
When a loved one enters a nursing home or long-term care facility, the family expects that medical professionals and trained staff will provide safe, respectful care. Sometimes, though, that trust is broken. An elderly person that a family believed would be safe instead becomes a victim of neglect or abuse.
Neglect and abuse result when a business cares more about profits than patients, causing serious harm and loss of basic human dignity.
A lawyer in elder abuse at Kelly Law Team will help your family navigate a path to hold the nursing home or long-term care facility responsible. We will make sure that full and fair compensation is awarded for any injuries, loss of dignity or wrongful death.
Our attorneys have extensive experience with elderly adult neglect and abuse cases. We are here to help you when it may feel overwhelming.
Our lawyers and dedicated staff will listen carefully and act on your case’s specifics. We will be your family’s guide throughout the process. Our goals are to protect your loved one, to hold the facility or individuals accountable, and to recover full and fair compensation.
How Is Elder Abuse Defined?
The Center of Disease Control and Prevention defines elder abuse as “an intentional act or failure to act that causes or creates harm or risk of harm to an older adult.”
Serious injuries from abuse can happen in nursing homes and other care facilities. An abusive staff member or another resident can bully or attack a vulnerable adult. Psychological, physical and sexual assaults can occur.
Abuse can involve unnecessarily confining, isolating or restraining a patient. The results can be devastating.
Who is Vulnerable to Elder Abuse?
The definition of a vulnerable adult involves more than just someone’s age. Our elderly abuse lawyers see cases spanning a wide range of ages and circumstances.
Someone can be dependent on others for their care for a variety of reasons. A person who is vulnerable might be:
- Someone who needs help with bathing, meals, medication
- A mentally impaired person
- Someone suffering from dementia or Alzheimer’s disease
- Someone with physical disabilities
- An individual suffering from a brain injury
- Someone with a serious mental illness
How Common is Elder Abuse and Where Does it Typically Occur?
Shockingly, government studies show that about 15 percent of older adults say they have experienced some form of neglect or abuse. The National Council on Aging reports that recent studies show that nearly half of those with dementia experienced abuse or neglect.
Elder or vulnerable adult neglect and abuse can occur in several types of care facilities as well as in community settings:
- Nursing Homes
- Assisted Living
- Skilled Care Facilities
- Group Homes
- Memory Care Facilities
- At-Home Care
Why Do Some Care Faculties Fail Their Patients?
Accidents can happen in any business. But abuse and neglect usually aren’t isolated to one event. It’s not just one bad day. More often, they are part of a pattern.
An investigation by an elder abuse lawyer at Kelly Law Team will reveal if an injury is part of a predictable chain of missed or mismanaged care. Often, system failures of this type can be traced to:
- Understaffing
- High staff turnover
- Inadequate employee screening
- Lack of employee supervision
- Under-qualified employees
What Are The Most Common Signs of Abuse or Neglect in Nursing Homes?
Bed Sores or Pressure Injuries
One of the most common results of staff inattention and missed schedules that Kelly Law Team sees is bed sores. Patients with limited mobility develop painful bed sores when they cannot change positions.
Bed sores start as pressure ulcers caused by limited blood flow. They are extremely painful and in advanced stages develop into blisters and open wounds. Damage can spread to muscles, bones, and can lead to life-threatening infections.
Bruises or Broken Bones
Unexplained injuries like deep tissue bruises or fractures can be indicators of rough handling. Sometimes they occur when a staff member tries to move a patient without adequate help. Perhaps only one person is available in a situation requiring two people, resulting in a fall.
Failure by an attendant to use a gait belt to help someone who is weak or unsteady may result in a fall.
Malnutrition, Dehydration
Inadequate staffing can lead to malnutrition and dehydration. Weight loss results when a staff member does not aid a person who needs help eating.
Removal of food trays before a patient is done eating can result in malnutrition.
Sloppy record keeping of calorie intake can lead to weight loss.
Recurring UTI Infections
Frequent infections can be a sign of inadequate staffing or neglect of duties. Limited access to water can cause frequent kidney and bladder infections.
Unclean surfaces can lead to unsanitary conditions.
Burns
Patients sometimes suffer burns from scalding bathwater or spilled drinks. Their skin, already fragile, can be burned when in contact with a heating pad for too long. Patients can be injured due to lack of supervision if they are unable to comprehend danger.
Are There Any Other Signs My Loved One is Being Abused or Neglected?
- Sudden behavioral changes
- Withdrawal
- Fear
- Anxiety
- Depression
What If I Don’t See Any Actual Abuse But Feel Something Is Off?
Sometimes caregivers aren’t forthright about why your loved one has been injured. If you have a nagging feeling that the responses provided to your questions just don’t add up, do not ignore it. Trust your instincts.
What is the First Step I Should Take?
If you are worried about the safety of a loved one, report your concerns. The Kelly Law Team can help you understand what avenues of reporting are available to you. An elder abuse lawyer at Kelly Law Team help you voice your concerns to:
- Management
- Law enforcement
- An ombudsman
- Licensing agencies
I Feel Betrayed and Lost. How Can I Feel Confrontable Moving Forward?
You are right to feel that way.
When you start working with an elder abuse lawyer at Kelly Law Team, we help document your case properly so that we have all the evidence and experts needed to prove your case in court.
Also, our attorneys can help arrange for an independent medical evaluation. We will suggest alternative facility options or medical care options to help ensure proper care for you or your loved one. An experienced lawyer at Kelly Law Team will call in experts to review records and find abuse or negligence when they exist.
Should I Believe the Excuses the nursing Home is Giving Me?
The “paperwork” provided from facilities can often be used to cover elderly neglect and abuse. The Kelly Law Team will do a deep analysis on the trail of paperwork to uncover the facts when neglect or abuse are present. Paperwork defenses from a caregiver are reviewed for charting timeliness, documentation, and accuracy.
It is important to contact an elder abuse attorney quickly if you suspect abuse.
Usually, families do not see neglect or abuse. They see the resulting injuries.
What Else Can I Expect From the Kelly Law Team
An elder abuse lawyer at Kelly Law Team will be a trusted guide along your family’s journey to obtaining a just settlement for your loved one:
- With one-on-one lawyer attention
- By communicating and keeping you informed and involved
- By tenaciously advocating for you and your loved one.
When a care facility accepts a patient, there are known needs. When those needs are not fulfilled, there is predictable harm.
We understand that these cases are emotional. Elder abuse is unacceptable. We understand that it is a betrayal of trust and your loved one suffers as a result.
The personal injury attorneys at Kelly Law team are committed to protecting the rights of society’s most vulnerable individuals. We work tirelessly on your behalf to obtain justice and a just settlement.