Archive for June, 2015

What Can You Do When Your Elderly Parent Gets Injured in a Nursing Home? Part 1

With the number of senior citizens growing by about 20,000 every day, the number of people who have a parent, close family member, or loved one in a nursing home environment is exploding. Unfortunately, the number of elderly people who suffer injuries as the result of abuse or neglect in these facilities is also on the rise. Not only that, but the number of cases actually reported every year may be just the tip of the iceberg when it comes to nursing home abuse and neglect injuries.

So what are people to do when they believe that their loved ones have been injured as the result of elder abuse or neglect? What options do you have? How can you help your elderly loved one?

Today we are going to start a two-part discussion on some essential issues surrounding eldercare abuse and neglect. As always, if you have specific questions or need legal advice, you should always speak to an experienced personal injury attorney in your area.

Elder Abuse

When seniors or other people are injured in a nursing home, assisted living, or similar type of facility, there are two basic types of situations that you must consider: abuse and neglect. Abuse occurs when someone intentionally tries to harm an elderly person, or that person’s interests.

There are many different kinds of elder abuse, including physical or psychological abuse, sexual abuse, and even financial abuse. In elder abuse situations, a nursing home or eldercare facility employee intentionally harms the elderly person or his or her interests. An elderly person who is harmed as a result of abuse can often sue both the people who caused the harm, as well as the nursing home employing that person. In many situations involving elder abuse, it’s possible that prosecutors could also file criminal charges against those who abused the elderly person.

Neglect

Neglect, though it is itself a type of abuse, is different than the intentional actions involved in many abuse cases. When an elderly person resides in a nursing home or eldercare facility, that facility has an obligation to provide the elderly person with care. This care can be anything from occasional assistance with transportation, to regular assistance with daily activities such as bathing or eating, or even round-the-clock assistance for those with significant disabilities or medical conditions. When an eldercare facility fails to provide the requisite care, that neglect can often lead to serious injuries.

Neglect can also come in different forms, often referred to as passive and active neglect. Passive neglect takes place when the caregiver forgets to provide the necessary assistance, while active neglect involves a caregiver that intentionally fails to provide help to the elderly person.

In either situation, an elderly person who suffers an injury as a result of neglect at the hands of a nursing home or eldercare facility employee can sue that facility for negligence and recover damages he or she might have suffered. If you believe your loved one has experienced elder abuse or neglect, it is best to speak with a personal injury attorney right away.

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Spinal Column Injuries FAQ – Part 2

Posted on June 19, 2015

Frequently Asked Questions About Spinal Column Injuries – Part 2

In our last blog post on spinal column injuries, we looked at some basic information people should know about the spine, the spinal cord, and the spinal column. Today we are going to look at some additional questions about spinal column injuries, their causes, and what legal options a person with a spinal cord injury might have.

As always, you should talk to an experienced personal injury lawyer if you need advice about spinal column injuries, or simply have questions about your options. Only a lawyer can tell you what you should or should not do in your situation, and you should never make any decisions about your case until you have received the legal advice you need.

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Spinal Column Injuries FAQ – Part 1

Posted on June 12, 2015

Spinal Column Injuries FAQ – Part 1

Spinal column injuries can be devastating. Not only can they last for the rest of the injured person’s life, but they can alter that life in any number of ways. Anyone who suffers a spinal column injury needs to speak with an attorney right away. Recovering your medical bills, receiving compensation for lost wages, as well as seeking payments for pain and suffering, are all issues that require legal advice.

It’s also a good idea to educate yourself about some common spinal column injury issues. Many of these issues surround medical or legal concepts that most people have little experience with. To help you get a better grasp of these concepts, let’s take a look at some frequently asked spinal column injury questions.

What is the spine?

Many people refer to the spine as the backbone. It’s the collection of bones that runs from your head down your back. The spinal column, or spine, includes both the collection of bones, as well as the bundle of nerves, tissues, and other body parts that are connected to them.

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What is an 'Assumption of Risk' and Why Does it Matter?

In some personal injury cases, the ‘assumption of risk’ defense becomes an issue. While assumptions of risk are not something that everyone who suffers a personal injury has to worry about, the issue can significantly impact your ability to recover money for the injuries you suffered. Today, we are going to take a close look at the assumption of risk, what it means, and why, if you have suffered a personal injury, you need to understand it.

Torts

When you talk about assumptions of risk and personal injury cases, you’re talking about torts. Torts are a type of lawsuit that can arise after someone suffers harm or injuries because of someone else’s negligent or intentional behavior. When someone suffers an injury in this situation, the law allows that person to sue the wrongdoer to recover damages (money) for his or her injuries. A tort lawsuit involves the injured person (the plaintiff), suing the wrongdoer, (the defendant).

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