FREQUENTLY ASKED QUESTIONS ABOUT
NURSING HOME ABUSE
Are there specific laws covering nursing
home abuse?
What should I do if I’ve discovered an injury has occured?
What are some warning signs of nursing home abuse?
What are your fees?
Q. Are there specific laws covering nursing
home abuse?
A. There are laws that outline the rights of nursing home
residents. We can help you protect those rights. Following an injury or death,
occuring in the nursing home, it is wise to consult with us as soon as possible.
Within the first week, important physical evidence can be lost, and witnesses
may forget important details.
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Q. What should I do if I’ve discovered
an injury has occurred?
A. You should:
- Obtain names, addresses and telephone numbers of all witnesses.
- Photograph the scene where the injury occurred and any visible injuries
(cuts, bruises). Professional photographs are generally preferable, but not
essential.
- Talk to no one about the injury or injuries
other than the victim’s
personal physician or us.
- Consult with us before answering questions from nursing home management
or insurance company representatives.
- Tell the victim’s personal physician or
surgeon exactly how the injury occured and describe all symptoms and complaints.
Be sure to report any changes in memory, increased confusion or disorientation,
however minor these things may seem at the time.
- Obtain and keep receipts for all expenses relating to the incident.
Q. What are some warning signs of nursing home abuse?
A. Residents in a nursing home sometimes have difficulty communicating with their family and friends when there is a problem with the care they are receiving. Abuse can occur in a number of different forms. Typically there are five types of nursing home abuse:
- Physical Abuse
- Sexual Abuse
- Financial Abuse
- Emotional Abuse
- General Neglect
Families should be ever watchful for the warning signs that might indicate ongoing abuse and neglect. Signs to watch for include:
- dehydration
- malnutrition and weight loss
- progressive, generalized deterioration in health
- bed sores
- inadequate clothing
- hypo-hyperthermia
- persistent odor of urine or feces
- safety hazards within the living environment (i.e.inadequate staff supervision)
- lice, sores and rashes
- medical conditions left untreated
- medication left over at the end of the month
- failure to provide assistive devices such as eyeglasses, dentures or hearing
aids
- frequent urinary tract infections
- attempts by the caregiver to cover up injuries with clothing or bed linens
- a delay between the incident causing the injury and notification of a doctor
- frequent falls
- inadequate restraints for the level of confusion and activity of the resident
- uncontrolled infections
- sudden change in resident’s behavior
- caregiver blames the resident for acts such as incontinence
- caregiver is overaffectionate with resident
- resident is socially isolated from others
- caregiver attempts to prevent the resident from speaking or seeing visitors
- caregiver speaks of the resident as a burden
- caregiver acts with indifference toward the resident
- conflicting stories from the resident and the caregiver
- caregiver acts defensively toward routine inquiries into the resident’s care
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Q. What are your fees?
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or
costs are charged unless we collect money damages for you. We advance all
costs for investigators, court reporters, expert witness testimony, accident
reconstructionists, filing fees and any other expenses related to your case.
All of the consultations with our office are absolutely free. When you recieve
compensation, meaning we have successfully concluded your case, either by
settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work on your case and is generally
between 20% and 40%. The percentage depends on the complexity and type of
case.
Please remember:
Nursing home residents are extremely vulnerable. Because they often lack the
power to care for themselves, elderly residents live at the mercy of corporations
that own and operate nursing homes. At Balkin & Eisbrouch,
we understand the special needs of nursing home residents, and we have the
knowledge and resources to obtain full and fair compensation for the victims
of nursing home neglect and abuse.
If you have observed these, or similar warning signs, and you would like to
talk to us regarding whether your loved one might have a claim for nursing
home abuse, please call us anytime. BALKIN & EISBROUCH 1-800-RESULTS (1-800-737-8587).
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We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
