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Archive for December 14th, 2009

There is nothing more unsettling than discovering burns, bruises, and marks on the body of your loved one who has been placed in a nursing home to assist with their care. Abuse is a rampant problem, one that can only be tackled by willing family members, a competent lawyer, and a lawsuit.

Burns, bruises, and marks such as finger marks or restraint marks on the body of an elderly person is grounds for a nursing home lawsuit, every time. Granted, elderly people bruise easier than most people, but the staff has been properly trained in dealing with the elderly without inflicting harm, or at least they should have been.

Burns happen- as a result from showers, cigarettes or cigars, and via accidents that indicate a lack of supervision. Bruises are typically the result of being handled roughly, or a lack of supervision which sets up incidents of falls, stumbles and tumbles, all of which should not happen in well regarded facility.

Lawsuits pertaining to nursing home abuse require a specialist, and a high quality nursing home abuse lawyer will meet with family members as well as the victim to determine the best course of action. Victims tend to be tight lipped about the abuse they suffer as a result of fear.

However, in the right environment, an abuse victim will be able to tell a nursing home abuse lawyer or counselor about the injustices they have suffered. It is vital that, if able, the victim be permitted to speak for themselves. It is not unheard of for families seeking large monetary awards to convince an elderly individual to go along with a false accusation of abuse, which, in turn, carries a stiff prison term.

The filing of a lawsuit means that there has to be sufficient evidence that the abuse has occurred and that there has been documented abuse, as well as witness testimony. If you suspect abuse due to bruises, burns, or marks on the body of a loved one, taking them immediately to an independent physician is highly recommended.

This can make filing a nursing home lawsuit easier as well as determining the extent of the abuse and the severity of the living conditions. Often if a victim is able to speak for themselves and discuss the abuse, emergency services can be arranged to move the victim to a safer location.

Sometimes a lawyer can facilitate a safe haven for a victim, but it’s not something to be counted on. Governmental agencies and offices of the aging are more likely to be able to assist in moving an abuse victim to a safer location.

Unfortunately, the quality of a nursing home is often determined by its price tag, which means that those who can not afford for the higher quality are more likely to be subject to abuse. A lawsuit can help to acquire the funds necessary to move a victim into a higher quality nursing home or even pay for private care.

Filing a lawsuit is a commitment made by family members on behalf of the victim, at least more often than not. Rarely can a victim find the resources necessary to hire a nursing home abuse lawyer and see a lawsuit through to the end.

This by no means insinuates that the victim is not capable of handling a lawsuit; however, most residents of a nursing home do not have access to the necessary tools, such as internet access, a private phone line, and the ability to meet privately and discreetly with a lawyer at their will.

While every individual, elderly or otherwise, is bound to find their share of bumps, bruises and scrapes along the way, marks on the body of an elderly individual in nursing care is almost always a high indicator of abuse or neglect.

There simply is no excuse for manipulating an elderly individual with enough force to leave marks or bruises, or for neglecting to properly supervise a situation such as showering or even handling hot liquids that can lead to burns.

An abuse victim will typically shy away from questions regarding their bodily injuries, even in the presence of a nursing home abuse lawyer. A counselor should often be present when trying to question a nursing home abuse victim.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen, PPH, Paxil, Mesothelioma, and Nursing Home Abuse. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.