Langsam Law LLP

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Nursing Home Negligence and Elder Abuse

Posted February 29, 2016
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With the aging of the Boomer Generation, about 1.4 million elders are in nursing homes, and more and more studies are revealing that a shocking number are not receiving the care they require.

Elder abuse can be a result of negligence and/or medical malpractice, and studies from state Adult Protective Services agencies show an increasing trend in elder abuse reports. Yet many incidents go unreported—the New York State Elder Abuse Prevalence Study found that for every case known to programs and agencies, 24 were unknown.

If you are aware of an incident where an elder experienced any sort of emotional or physical trauma or financial exploitation when in the care of a nursing home or other caregiver, please say something. In addition to providing our elders financial reparations for their hardships and empowering them to remove themselves from abusive situations, calling attention to elder abuse will help aging generations to come.

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By 2050, people aged 65 and over are expected to comprise 20% of the population, and there will be an estimated 19 million people aged 85 or older. Putting a spotlight on nursing home neglect will help ensure our elders get the care they need.

Case Study: Medical Malpractice/Negligence Hybrid Case

Langsam Law settled a case for a woman who was injured upon falling out of bed at her nursing home. An expert assessment revealed that, due to the woman’s medical condition, she should have been provided bed rails for protection. The initial failure of the nursing home to properly assess her condition constituted medical malpractice, while the failure to provide her with bed rails constituted negligence.

Case Study: Negligence

In another instance, a woman who had been diagnosed as needing ambulatory assistance had repeatedly rung her bell for an attendant to help her to the bathroom. When no attendant came, she attempted to get to the restroom herself and fell. Langsam Law settled this negligence case with the nursing home.

Note: Prior results do not guarantee similar results.

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