Elder Law Victims | Alan Goldfarb, P.A. https://www.goldfarbpa.com Mon, 18 Jul 2016 14:50:49 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Nursing Home Abuse https://www.goldfarbpa.com/nursing-home-abuse/ Mon, 18 Jul 2016 14:50:49 +0000 http://www.goldfarbpa.com/?p=1877 Read More »]]> The population of elderly Americans has been growing rapidly as the Baby Boomer generation reaches retirement age; indeed, the population of Americans in the 65 and older age bracket is expected to surpass 75 million by around 2031. With this growth in the demographic, the population of American nursing facilities has grown as well, bringing with it an increasing number of elderly citizens who have suffered some form of abuse while living in these facilities.

The United States has about 15,700 nursing homes with a total combined population of over 1.3 million residents, and this number is growing rapidly. Of that population, an estimated 10 percent, 130,000 people, have reported some form of nursing home abuse within the last year. This number, in fact, is probably significantly lower than the actual number of occurrences, since many senior adults in nursing facilities are unwilling or unable to report their abuse. To be sure, in a government study conducted in 2010 over half of the nursing home staff that were surveyed admitted to abusing a resident in some manner within the previous calendar year. And, as with the survey of residents, there is in all likelihood a significant reporting bias to these statistics; offering anonymity will only go so far towards getting people to admit to illegal acts. Nursing home abuse is a common occurrence, and may affect you or somebody that you know at some point during your lifetime.

Types Of Elder Abuse

Abuse of the elderly can take a variety of different forms, but the most common ones are physical, emotional, or sexual abuse. While these typically leave obvious signs, passive neglect and financial exploitation are other common problems facing America’s elderly, and ones that are much more difficult for friends and family members to identify.

It is important for people with a loved one in an extended care facility to stay vigilant for signs of potential abuse or neglect. In many cases confusion or shame will keep a senior from reporting cases of nursing home abuse; it can be hard for a person who is used to being the strong, self-sufficient one to admit that they need help. And it can be even more important when a relative has Alzheimer’s disease or other form of dementia: these issues affect nearly half of the people over the age of 85, and around 47 percent of patients will be mistreated in some way by their caregivers.

Warning Signs Of Elder Abuse

Signs of elder abuse will vary depending on the type of abuse, but typically will involve sudden changes in behavior or a person’s conditions, both physical, behavioral, or financial. Overt physical symptoms are things like bruises, broken bones, abrasions, bedsores, poor hygiene, and unusual weight loss, particularly if there is no explanation or an unsatisfactory explanation for how they occurred. Additionally, psychological factors like rapidly occurring changes in alertness or mood, withdrawal from normal activities, or unusual depression should raise concern. Even if they are not from an elder abuse situation they can also indicate the early stages of a number of medical issues. Finally, any changes in a person’s financial situation should be a red flag to loved ones as well.

Speak With An Attorney

If you or a loved one has suffered from elder abuse or neglect, you may be eligible to recover compensation for your injuries. We encourage you to contact the compassionate legal team at the office of Alan Goldfarb, P.A. in Miami, by telephone at 305-371-3111 or online today to learn how we can get you the compensation you deserve.

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Protect Your Senior Against Abuse and Neglect https://www.goldfarbpa.com/protect-your-senior-against-abuse-and-neglect/ Thu, 14 Jan 2016 16:26:22 +0000 http://www.goldfarbpa.com/?p=1092 Read More »]]> Many senior Americans who live in assisted-living communities, nursing and retirement homes, may become victims of elder abuse instead of receiving the care they deserve. For this reason, many families worry that their senior parents and loved ones will not be safe away from the family home. If you have an elder family member in a nursing home or other caretaking arrangement, it is important you take specific actions to help ensure your loved one remains safe. Of course, if your loved one does suffer harm, consider reaching out to a skilled attorney today for help.

Tips to Help Keep Your Loved One Safe

Take the following actions to make sure that your loved one remains safe and healthy in his or her living arrangement:

  • Research the Facility: before you place your loved one in a home, make sure that you research the facility and the caregivers. Make frequent visits and be on the lookout for signs of elder abuse such as unexplained illnesses or injuries. If you see signs of elder abuse and neglect, make sure you act immediately and report the abuse.
  • Take your Elder Loved to the Doctor: regular medical examinations are important. A doctor can help evaluate the effectiveness of any ongoing medical treatment and may also be the first to notice signs of physical or emotional abuse.
  • Support Your Senior: loneliness is dangerous for seniors. Make sure that you take time to visit your loved one. This will give them a sense of comfort and your presence may help prevent an unseemly caretaker from taking advantage of your elderly loved one.
  • Make Your Senior Loved has Safety Equipment: make sure your elderly loved one has good footwear and comfortable clothing. If necessary make sure your loved one has a cane or walker. Proper clothing and equipment help ensure your loved one is less likely to slip and fall. Additionally, mobility can help a senior keep their sense of independence and make them less vulnerable to abuse.
  • Remember – Elder Abuse can happen at Home: if you have a family member who cares for a senior at home, remember that caregivers get fatigued. Unfortunately, fatigue may lead to abuse or neglect. This can be avoided by supporting the caregiver. Make sure they have breaks from caregiving so that they continue to properly care for their loved one.

Elder abuse is a crime in Florida; however, it can be prevented through diligence. By staying aware and engaging your senior parent or loved one, you can protect them against nursing home abuse and neglect.

Let an Attorney Help if you Suspect Elder Abuse

No one should suffer the humiliation of abuse. This is particularly true of vulnerable seniors who depend on their caregivers. If you suspect your elderly parent or loved one is being abused, then you should speak with the Miami elder abuse and nursing home attorneys at the law office of Alan Goldfarb, P.A. We can help you identify abuse, advise you on the process for reporting the abuse, and help you ensure your loved one is safe. Please contact us today to schedule an initial consultation.

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Elder Abuse in Florida https://www.goldfarbpa.com/elder-abuse-in-florida/ Tue, 20 Oct 2015 13:52:08 +0000 http://www.goldfarbpa.com/?p=977 Read More »]]> Elder abuse, or mistreatment, results from intentional actions, or inactions, which harm the elderly person or which can create a serious risk for harm for the elderly person. The elderly are vulnerable to their caregivers whether they are a spouse, children, extended family or nursing home professionals. Nearly 10% of elderly in nursing homes experience abuse. Still, most abuse goes unreported. If you have a loved one in the care of a nursing home, it is important to understand the causes and type of abuse your loved one may experience in a nursing home.

What Causes Elder Abuse?

While there is no definitive list of causes of elder abuse, there is a generally consensus of how much of it does arise. If you have a loved one in a nursing home, then the list below may be useful in helping you understand the various factors which may lead to elder abuse:

  • Negligent Hiring: A nursing home has failed to properly hire trained staff and conduct proper background checks on staff.
  • Understaffing: When there are more nursing home residents than staff, staff feel overworked. When this happens, nursing home staff are overwhelmed by their responsibilities and may lose compassion for the elders placed in their care.
  • Inadequate Training: Nursing home staff should be properly trained to work with residents with physical and mental challenges. If nursing home staff members are not properly trained this can lead to accidents that injure the elders in their care.

Signs of Elder Abuse

If you notice that the nursing home you have trusted to care for your loved one seems to have staff members who appear overwhelmed and untrained then you should pay attention to your loved one’s behavior. Victims of elder abuse are often too frightened, embarrassed or medicated to report the abuse. The AARP reports that common signs of elder abuse include:

  • Withdrawal;
  • Depression;
  • Helplessness;
  • Anxious behavior;
  • Confusion; and
  • Hesitation to speak freely.

Florida Law Provides Special Protections of Victims of Elder Abuse

Florida has special elder abuse laws that make elder abuse a felony. These special sanctions were developed with the goal of protecting the elderly from predators. Furthermore, if an elder abuse victim can show that a nursing home or nursing home employees acted negligently, then they may be able to recover damages. Damages in a nursing home abuse lawsuit may include compensation for pain and suffering and medical bills. Though less commonly sought, Florida law also allows victims of nursing home abuse to seek punitive damages.

Victims of Elder Abuse Deserve Compensation

No one should have to suffer the indignity and humiliation of abuse. This is particularly true of elder Americans who are dependent on the nursing home and caregivers for the most basic aspects of life. The elder abuse attorneys at our office can help you determine whether your loved one is being abused. If you suspect your loved one is being abused or neglected in a nursing home, contact Alan Goldfarb, P.A. today for a free consultation.

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