Archive for September, 2013

September 24, 2013

An Alzheimer’s patient is abused by a nursing home employee

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Make sure you can speak for those who may not be able to speak for themselves

In a story that was published in the Augusta Chronicle from June 2013, A nursing home employee was arrested Wednesday in connection with assaulting an Alzheimer’s patient. The female employee of Augusta was charged with simple battery and protection of a disabled adult and elder person.

According to a Richmond County incident report, Johnson, who works at The Place, 3235 Deans Bridge Road, woke the patient to change her bed sheets when the patient started fighting. Johnson pushed the patient back into her bed and said she would hit the patient if she fought again.

Authorities responded to the nursing home Wednesday morning after a bump was found on back of the patient’s head. During the investigation, police reviewed surveillance video of the patient’s room, which showed the incident occurring early Monday morning.

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Be vigilant for any warning signs of abuse or neglect to your loved one while under the care of a nursing home.

With the increasing numbers of elderly who are being diagnosed with everything from early dementia to full onset of Alzheimer’s, it is more important than ever for family to pay close attention to their loved ones when they visit them. In the above case, had the injury never been detected, the assault may well have gone undiscovered.

At the law offices of Slover, Prieto, Marigliano & Holbert, LLC., we implore our clients (or potential clients) to make sure they vary their visitation in order to keep the staff of any facility on their proverbial toes. If a less-than-ethical employee knows that family only visits on Friday’s at 4PM, they will be sure to put not only their best foot forward, but also that of your loved one. By staggering your visitation dates and times, you may be able to catch any abuse or neglect that could be taking place.

Now, we know many nursing homes are run with skilled professionals and with multiple layers of management and oversight.  However, even the best-run business can sometimes hire someone who tries to cut corners or may not be have the skills necessary to be in their position.

Being vigilant is the greatest gift you can bring to your loved one. Pay attention to any possible red flags, like injuries (no matter how slight) or changes in the personality of your loved one. Patients that have been hurt or neglected may not want to make eye-contact or will continually wrap their arms around themselves as an unconscious means of protection. If you really know your loved one, you should not shrug off these possible signs of a more serious situation.

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Many may fear reprisals but having a law firm involved results in more care and attention, not less

There should never be any hesitation to contact both the administrator of the facility and an attorney. If the facility is truly above board, you will get support and assistance from management. However, when even the best-run facilities know an attorney is also in the loop, it’s amazing how much more support you receive. Now imagine the reaction you receive when a facility has been cutting corners or ignoring complaints.

Some families worry about retaliation and, though that may be a natural first reaction, we make a point of comforting our clients with the following insight:  When an administrator, staff and management are made aware that there is a legal presence involved, they will do all they can to avoid bringing any financial repercussions on themselves and their insurers. Oftentimes, we end up assisting a nursing home in removing the personnel or processes, keeping them free from future litigation.

If you have any questions or concerns about your loved one’s rights and whether or not we can be of assistance to you and your family, call us today to setup a free consultation. We have been working in the area of Elder Care law and Elder Abuse law for many, many years and our track record for success speaks for itself. You can gain a lot of information by visiting our website as well at www.eldercareabuselawyer.com or www.spmhlaw.com.

SPMH Law, LLC represents clients throughout Georgia and the Southeastern United States. To schedule a free consultation with a lawyer at our firm, call us at 404-856-0040 or visit us online at www.eldercareabuselawyer.com.

September 10, 2013

A basic overview on assisted living facilities

Assisted Living

AssistedLiving4Assisted living facilities offer a housing alternative for older adults who may need help with dressing, bathing, eating, and toileting, but do not require the intensive medical and nursing care provided in nursing homes.

Assisted living facilities may be part of a retirement community, nursing home, senior housing complex, or may stand-alone. Licensing requirements for assisted living facilities vary by state and can be known by as many as 26 different names including: residential care, board and care, congregate care, and personal care.

What Services are Provided?

AssistedLiving1Residents of assisted living facilities usually have their own units or apartment. In addition to having a support staff and providing meals, most assisted living facilities also offer at least some of the following services:

  • Health care management and monitoring
  • Help with activities of daily living such as bathing, dressing, and eating
  • Housekeeping and laundry
  • Medication reminders and/or help with medications
  • Recreational activities
  • Security
  • Transportation

How to Choose a Facility?

The following suggestions can help you get started in your search for a safe, comfortable and appropriate assisted living facility:

  • Think ahead. What will the resident’s future needs be and how will the facility meet those needs?
  • Is the facility close to family and friends? Are there any shopping centers or other businesses nearby (within walking distance)?
  • Do admission and retention policies exclude people with severe cognitive impairments or severe physical disabilities?
  • Does the facility provide a written statement of the philosophy of care?
  • Visit each facility more than once, sometimes unannounced.
  • Visit at meal times, sample the food, and observe the quality of mealtime and the service.
  • Observe interactions among residents and staff.
  • Check to see if the facility offers social, recreational, and spiritual activities.
  • Talk to residents.
  • Learn what types of training staff receive and how frequently they receive training.
  • Review state licensing reports.

AssistedLiving3The following steps should also be considered:

  • Contact your state’s long-term care ombudsman to see if any complaints have recently been filed against the assisted living facility you are interested in. In many states, the ombudsman checks on conditions at assisted living units as well as nursing homes.
  • Contact the local Better Business Bureau to see if that agency has received any complaints about the assisted living facility.
  • If the assisted living facility is connected to a nursing home, ask for information about it, too.

What is the Cost for Assisted Living?

AssistedLiving2Although assisted living costs less than nursing home care, it is still fairly expensive. Depending on the kind of assisted living facility and type of services an older person chooses, the price costs can range from less than $25,000 a year to more than $50,000 a year. Because there can be extra fees for additional services, it is very important for older persons to find out what is included in the basic rate and how much other services will cost.

Primarily, older persons or their families pay the cost of assisted living. Some health and long-term care insurance policies may cover some of the costs associated with assisted living. In addition, some residences have their own financial assistance programs. The federal Medicare program does not cover the costs of assisted living facilities or the care they provide. In some states, Medicaid may pay for the service component of assisted living.

SPMH Law, LLC represents clients throughout Georgia and the Southeastern United States. To schedule a free consultation with a lawyer at our firm, call us at 404-856-0040 or visit us online at www.eldercareabuselawyer.com.