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EPPERLY
& FOLLIS, P.C.
7 East Franklin Street
Richmond, VA 23219
1-888-703-0109
(804)
648-6480
depperly@lawyersva.com |
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Nursing Home
Abuse
Welcome to the
Nursing Home Abuse webpage of Epperly & Follis, P.C.
Our attorneys are dedicated to protecting elderly nursing
home residents who are unable to protect themselves. Too
often, elderly victims have suffered physical, emotional
or financial abuse at the hands of the very institutions
and people who are paid to care for them.
The Hidden Crime
Elder abuse has been called the hidden crime because it is
often difficult to recognize, it has been concealed by
nursing home staff, or the victims may be too frightened
or incapacitated to communicate the abuse. An estimated 84
percent of abuse cases go unreported or unrecognized.
Nursing home deaths are rarely detected by government
inspectors, assessed by medical examiners, or investigated
and prosecuted by law enforcement.
Federal and state laws were designed to protect nursing
home residents and the abuse or neglect that occurs there
and in other assisted living facilities. This abuse is
often referred to as "institutional abuse".
Institutional abuse is evident in a recent California
study that found only 23 percent of nursing homes in the
state were compliant with federal regulations for quality
of care. Institutional entities where abuse may occur are
skilled nursing facility (SNF) or homes, foster homes,
group homes, and board and care facilities. Abusers may be
staff members, other patients and even visitors.
Types of Abuse
The Office of the Inspector General has categorized seven
types of abuse sustained by the elderly in institutional
settings: § Physical abuse - infliction of pain or
injury, including sexual abuse. - Misuse of restraints -
chemical or physical control of resident not in accordance
with accepted medical practice or orders.
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Verbal/emotional abuse -demeaning statements, harassment,
threats, humiliation or intimidation.
- Physical neglect
- disregard for the necessities of daily living such as
food, water, bathing and basic care.
- Medical neglect -
lack of care for existing medical problems such as
ignoring a necessary medical diet, not calling a physician
when necessary, being unaware of potential side effects of
medication or not taking action on a medical problem.
-
Verbal/emotional neglect - not meeting the patients'
verbal/emotional needs including disregarding patients'
wishes, or restricting contact with family and friends.
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Personal property abuse - illegal or improper use of a
resident's property (funds, property, assets) by another
for personal gain.
Responsibility for Care
To participate
in federally reimbursed Medicare and Medicaid programs,
nursing homes must comply with the Nursing Home Reform Act
(NHRA) which specifies adherence to certain requirements
for quality of care. The NHRA states that a participating
nursing home "must provide services and activities to
attain and maintain the highest practicable physical,
mental and psychosocial well-being of each resident in
accordance with a written plan of care…" Most
states have addressed the institutional abuse issue with
laws that require doctors, nurses and other health care
professionals to report suspected neglect to a designated
state office. Laws further require nursing homes to
investigate and report any abuse incidents that occur
within their facility. Physicians, hospitals, nurses,
therapists, aides, orderlies and administrators must
provide adequate care, medical treatment and protection to
the residents and patients in their facility.
The
Credentials to Help
Only an experienced nursing home abuse
and malpractice attorney can help punish those responsible
for perpetrating crimes against the dependent elderly.
Epperly & Follis, P.C nursing home abuse attorneys
know the law, the legal system and victim rights. Our firm
handles catastrophic personal injury cases against major
defendants such as nursing homes, hospitals, insurance
companies, product manufacturers, corporations and
municipalities.
We do not approach our cases as mere jobs, but as causes in
which larger issues are at stake - causes in which the
firm's lawyers invest personal dedication to see that
justice is done. If you believe that a loved one has
suffered abuse, neglect or death because of a nursing home,
our lawyers can help you take action against this
reprehensible violation of trust. We can provide you with
strategies to successfully prosecute the guilty and improve
the quality of your loved one's care through financial
restitution. If someone you love has been abused, injured or
died in a nursing home or assisted living facility, call Epperly & Follis, P.C today
at 1-888-703-0109 or
(804) 648-6480, or contact us via our online Contact
Form.
Nursing Home Abuse News
Abuse Ignores AgeInjuryBoard.com, FL - Jun 11, 2008Most people believe that nursing home abuse comes at the hands of staff members. However, many instances of abuse come from other residents or occupants. ... |
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