Importance of health care directives, living wills and estate planning

As we age, there is a possibility our mental faculties will diminish. Although it can be challenging to think about, there are legal safety measures to protect yourself and your loved ones before they ever have to face life issues in a nursing home, an assisted living facility or an intensive care unit. At the law offices of Slover, Prieto, Marigliano & Holbert, LLC, we help clients throughout Georgia create the health care directives they need to effectively plan for end-of-life medical decisions.

Health Care Directives / Living Wills in Georgia

Having a health care directive can save family members from the feelings of stress or guilt that may arise when they are called upon to make difficult decisions about the care of their loved ones. Imagine being contacted by the doctor for your mother or father, husband or wife, and being told your loved one won’t get any better. When you’re caught up in the grief and emotion of the moment, the burden of being the decision-maker can make it especially challenging. Having a health care directive can help alleviate some of that pressure, by allowing your loved one to make their decisions in advance.

Planning for Future Medical Care

At Slover, Prieto, Marigliano & Holbert, LLC, we understand the importance of building good, lasting relationships with our clients. We draft and review estate planning documents, including wills, trusts, living wills and advance health care directives. We take the time to understand our clients’ concerns and wishes and we make sure they are carefully detailed in the legal documents and estate plans we create. When the time comes, our attorneys also work with estate administrators and beneficiaries to help clients through the probate process.

Learn more about the representation we offer by contacting our experienced lawyers online or by calling toll-free at 1-855-329-7144 or locally at 404-856-0040. To best meet the needs of our clients, we have offices in Atlanta, Calhoun, Cartersville, Dallas, Dalton and Savannah. Contact us today to schedule your free initial consultation.

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 today or visit our dedicated Nursing Home Abuse website or our firm’s website for more information. Our attorneys have the experience and sophistication necessary to handle your case with the highest degree of competence and care. With years of familiarity handling these complex cases, which should not be trusted to lesser-experienced firms, we work hard to obtain the highest levels of compensation for our clients.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

 

Don’t avoid talking with an aging parent about their living situation

Talking with our elderly parents about their living situations and the possible need for change is not always easy. A successful conversation depends on the relationship you have with your parent, as well, of course, as on the parent’s mental, emotional and physical condition. While many people put off serious conversations to avoid conflict or awkwardness, both parent and adult child may lose an opportunity for closeness, understanding, access to information that may affect the decision and optimum peace of mind.

Talk with your elderly parents gently and honestly about their wishes, their abilities and their options. More often than not, these conversations are helpful and put the adult child in a better position to make decisions later when the parent may not be able to do so. The following are suggestions for conversations with your elderly parent:

• Share your own feelings and reassure the parent that you will support them and can be depended upon to help them solve their problems.
• Help the parent to retain whatever control is possible in making his or her own decisions. Respect and try to honor their wishes wherever feasible.
• Encourage the smallest change possible at each step, so that the parent is more able to adjust to the change.
• Educate yourself on legal, financial and medical matters that pertain to your parent as background for your conversations, including current knowledge on the aging process.
• Respect your own needs – be honest with your parents about your time and energy limits.

If this kind of conversation seems impossible or the situation and relationship with the elderly parent become overwhelming, professional counseling may be very helpful.

When a Lifestyle Change May Be Necessary

Physicians and geriatric social workers warn there are a number of danger signs that indicate an elderly person needs extra help or a change in living arrangement. Any marked change in personality or behavior should be heeded. However, no change in lifestyle should be made without discussions with the elderly person, other family members and doctors or other health professionals.

Danger Signals

• Sudden weight loss could be an indication that the elderly person is simply not eating or not preparing foods.
• Failure to take medication or over-dosing may indicate confusion, forgetfulness or a misunderstanding of the doctor’s instructions.
• Burns or injury marks may indicate physical problems involving general weakness, forgetfulness or a possible misuse of alcohol.
• Deterioration of personal habits such as infrequent bathing and shampooing, not shaving or not wearing dentures could be the result of either mental or physical problems.
• Increased car accidents can indicate slowed reflexes, poor vision, physical weakness or general inability to handle a vehicle.
• General forgetfulness such as not paying bills, missing appointments or consistently forgetting name, address, phone number and meal times.
• Extreme suspiciousness could indicate some thought disorder. Your parents thinking that their neighbors, friends, family, doctor and lawyer are all conspiring against them would be an example. Intense ungrounded fears about dire consequences may be a danger signal.
• A series of small fires could be caused by dozing off, forgetting to turn off the stove or appliances or carelessness with matches. They may indicate blackouts or dizzy spells.
• Bizarre behavior of any kind could be a warning sign. This behavior could be dressing in heavy gloves and overcoat in 90 degree weather or going outside without shoes when it’s snowing. Watch for uncharacteristic actions or speech.
• Disorientation of a consistent nature may indicate a need for help. Examples include not knowing who one is, where one is, who the family is or talking to people who are not there.

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 toll-free at 1-855-329-7144 or locally at 404-856-0040 or visit us online at www.ganursinghomeabuselawyer.com.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

Statutes of limitations for nursing home negligence claims

Filing Claims Within the Statutes of Limitation

When you learn a loved one has been the victim of abuse in a nursing home, assisted living facility or in a hospital or emergency care setting, you may not know how to react. Many people feel angry or betrayed or they want to hold the abuser accountable but do not know how.

At the law offices of Slover, Prieto, Marigliano & Holbert, LLC, we help clients throughout Georgia and the entire Southeast file nursing home neglect cases within the statutes of limitation. If you see warning signs of nursing home abuse, it is important to contact an attorney as soon as possible.

Understanding the Statutes of Limitation

Although deadlines vary widely by state and even by the type of claim, in Georgia, a person typically has only two years within which to file a claim. Deadlines may be tolled or extended in a few, specific instances. As such, any questions about when a Georgia statute of limitation will cause a nursing home negligence claim to expire should be brought to a Georgia-licensed attorney. Any claim should be discussed with an attorney well in advance of your statute of limitation. You want your claim presented as thoroughly and as skillfully as possible and this entails your attorney’s diligent preparation well in advance of the filing of the claim or presentation of an offer of settlement, which must be done within any statute of limitation period.

Because seniors may be suffering from abuse long before the family is aware of the situation, once you realize what is happening, you should contact a lawyer as soon as you can.

Filing a Case After the Statute of Limitation Has Passed

If you are concerned that the Georgia statute of limitation may have passed on your claim, but are still interested in filing a claim, you should contact a Georgia-licensed attorney who is trained in the law and can analyze all the facts. Computing statutes of limitation is often more complicated than adding and subtracting years. In some rare situations, one circumstance can prevent the statute of limitation from expiring.

Obviously, we cannot evaluate your case without sharing the facts with an attorney who can provide you with a accurate assessment of how the statute of limitations apply’s to your situation. We give our clients the information they need to make informed decisions about filing cases within the statute of limitations. Contact us online or call 404-856-0040 (locally) or 1-855-329-7144 (toll-free) to schedule your free initial consultation.

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.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

Does your aging loved one have a health directive?

As we age, there is a possibility that our mental faculties will diminish. Although it can be challenging to think about, there are legal safety measures to protect yourself and your loved ones before they ever have to face life issues in a nursing home, an assisted living facility or an intensive care unit. At the law offices of Slover, Prieto, Marigliano & Holbert, LLC, we help clients throughout Georgia create the health care directives they need to effectively plan for end-of-life medical decisions.

The Importance of Health Care Directives / Living Wills in Georgia

Having a health care directive can save family members from the feelings of stress or guilt that may arise when they are called upon to make difficult decisions about the care of their loved ones. Imagine being contacted by the doctor for your mother or father, husband or wife, and being told your loved one won’t get any better. When you’re caught up in the grief and emotion of the moment, the burden of being the decision-maker can make it especially challenging. Having a health care directive can help alleviate some of that pressure, by allowing your loved one to make their decisions in advance.

Planning for Future Medical Care

At Slover, Prieto, Marigliano & Holbert, LLC, we understand the importance of building good, lasting relationships with our clients. We draft and review estate planning documents, including wills, trusts, living wills and advance health care directives. We take the time to understand our clients’ concerns and wishes and we make sure they are carefully detailed in the legal documents and estate plans we create. When the time comes, our attorneys also work with estate administrators and beneficiaries to help clients through the probate process.

Learn more about the representation we offer by contacting our experienced lawyers online or by calling toll-free at 1-855-329-7144. To best meet the needs of our clients, we have offices in Atlanta, Calhoun, Cartersville, Dallas, Dalton and Savannah. Contact us today to schedule your free initial consultation.

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 today or visit our dedicated Nursing Home Abuse website or our firm’s website for more information.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

Typical injuries and problems in sub-standard nursing homes – Part 2 of 2

Nursing home patients may find themselves subject to dozens of adverse conditions through no fault of their own: pressure ulcers, falls, fractures, malnutrition and dehydration are some of the more prominent injuries. In part two of this two part discussion, we will look at the issues of malnutrition and dehydration that arise in nursing homes, assisted living facilities and elder care facilities.

MALNUTRITION

Nutritional well-being is an important part of successful aging.  Improper nutrition or malnutrition can lead to infections, confusion, and muscle weakness resulting in immobility and falls, pressure ulcers, pneumonia, and decreased immunity to bacteria and viruses.  Malnutrition is costly, lowers the quality of life of the nursing home resident and is often avoidable.  The facility must take steps to ensure that residents maintain good nutritional health and must provide residents with well-balanced, palatable meals.

Many things can cause malnutrition in nursing home residents. The following are factors that may prevent a resident from receiving adequate nutritional needs:

Physical Causes:

• Illness
• Adverse drug effects such as nausea, vomiting, diarrhea, cognitive disturbances or sleepiness
• Food and drug interactions which decrease the ability of the body to absorb vitamins and minerals
• Depression
• Swallowing disorders
• Mouth problems such as tooth loss, dentures that do not fit properly, mouth sores, and mouth pain
• Tremors, which affect the residents’ ability to feed themselves

Environmental Causes:

• Inadequate attention from staff for residents who need assistance eating
• Staff who are uneducated about malnutrition and proper ways to feed residents who need help
• Reliance on liquid supplements
• Special diets

Signs That a Resident is Malnourished

• Do clothes fit more loosely than usual?
• Are there cracks around the mouth?
• Do lips and mouth look pale?
• Has the resident complained that his/her dentures no longer fit?
• Has the resident’s hair been thinning or growing sparse?
• Do wounds seem to take longer to heal?
• Does the resident appear confused (not as a result of a disease such as Alzheimer’s)?
• Is the resident’s skin breaking down?
• Do the resident’s eyes look sunken?
• Does the resident appear to be losing weight?

If the answer is yes to two or more of these questions, the following may help pinpoint specific problems:

• Can the resident feed him/herself?
• What is the resident’s favorite meal of the day?
• When and where does the resident prefer to have meals served?
• Does it take a long time for the resident to eat?
• Is the resident rushed through meals?
• Is the resident unable to finish meals?
• Does the resident seem to eat more when someone is there to help with the meal?
• Does the resident seem uninterested in food?
• Has the resident lost his/her appetite?
• Does the resident like the food at the facility?
• Can the resident choose from a menu?
• Are snacks readily available to the resident?
• Is the resident on a special diet?
• Has the resident started taking any new medications?
• Has the resident’s weight routinely been monitored?
• Has the staff informed family members of weight loss?
• Has staff asked family members for assistance?

DEHYDRATION

Dehydration should be managed through an individualized daily plan to promote adequate hydration based upon identifying the risk factors which include at least the following:

• Alzheimer’s or other dementia
• Major psychiatric disorders
• Depression
• Stroke
• Repeated infections
• Diabetes
• Malnutrition
• Urinary incontinence
• History of dehydration
• 4 or more chronic conditions
• Use of diuretics, antidepressants, psychotropics, or anti-anxiety medications, laxatives, or steroids
• Chronic cognitive impairment
• Inadequate nutritional status
• Acute situations: vomiting, diarrhea and/or fevers

We can help if you or a loved one has been injured due to nursing home neglect and abuse. You will need an experienced and dedicated lawyer who is willing to fight for you. To speak with an attorney at Slover, Prieto, Marigliano & Holbert, LLC about an injury, substandard care or the loss of a loved one resulting from nursing home neglect, contact us today. Our firm has lawyers and staff members who only handle these types of cases. We have the experience, diligence and legal sophistication necessary to handle your case with the highest degree of competence and care.

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.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

Communicating with your elderly parents

Talking with our elderly parents about their living situations and the possible need for change is not always easy. Who wants to discuss moving mom or dad to an assisted living or nursing home facility? A successful conversation depends to an extent upon the relationship we have with the parent, as well as on the parent’s mental, emotional and physical condition. While many people put off serious conversations to avoid conflict or awkwardness, both parent and adult child may lose an opportunity for closeness, understanding, access to information that may affect the decision and optimum peace of mind.

To the extent possible, talk with your elderly parents gently and honestly about their wishes, their abilities and their options. Far more often than not, these conversations are helpful and put the adult child in a better position to make decisions later when the parent may not be able to do so. The following are suggestions for conversations with your elderly parent:

• Share your own feelings and reassure the parent that you will support them and can be depended upon to help them solve their problems.
• Help the parent to retain whatever control is possible in making his or her own decisions. Respect and try to honor their wishes wherever feasible.
• Encourage the smallest change possible at each step, so that the parent is more able to adjust to the change.
• Educate yourself on legal, financial and medical matters that pertain to your parent as background for your conversations, including current knowledge on the aging process.
• Respect your own needs and be honest with your parents about your time and energy limits.

If this kind of conversation seems impossible or the situation and relationship with the elderly parent become overwhelming, professional counseling may be very helpful.

When a Lifestyle Change May Be Necessary

Physicians and geriatric social workers warn that there are a number of danger signs that indicate an elderly person needs extra help or a change in living arrangement. Any marked change in personality or behavior should be heeded. However, no change in lifestyle should be made without discussions with the elderly person, other family members and doctors or other health professionals.

Danger Signals

• Sudden weight loss could be an indication that the elderly person is simply not eating or not preparing foods.
• Failure to take medication or over-dosing may indicate confusion, forgetfulness or a misunderstanding of the doctor’s instructions.
• Burns or injury marks may indicate physical problems involving general weakness, forgetfulness or a possible misuse of alcohol.
• Deterioration of personal habits such as infrequent bathing and shampooing, not shaving or not wearing dentures could be the result of either mental or physical problems.
• Increased car accidents can indicate slowed reflexes, poor vision, physical weakness or general inability to handle a vehicle.
• General forgetfulness such as not paying bills, missing appointments, or consistently forgetting name, address, phone number and meal times could be a signal.
• Extreme suspicion could indicate a thought disorder. Your parents thinking that their neighbors, friends, family, doctor and lawyer are all conspiring against them would be an example. Intense ungrounded fears about dire consequences may be a danger signal.
• A series of small fires could be caused by dozing off, forgetting to turn off the stove or appliances or carelessness with matches. They may indicate blackouts or dizzy spells.
• Bizarre behavior of any kind could be a warning sign. This behavior could be dressing in heavy gloves and overcoat in 90 degree weather or going outside without shoes when it’s snowing. Watch for uncharacteristic actions or speech.
• Disorientation of a consistent nature may indicate a need for help. Examples include not knowing who one is, where one is, who the family is or talking to people who are not there.

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.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

Communication failure in short-term care facility leads to patient death

For many, a short-term admission to a post-acute care facility to recover from an illness or provide a break to a caregiver sounds like a reasonable proposition.   After all, what could go wrong during a short term admission of just a few days or weeks? Despite the short time frame, without the facility’s understanding of patient needs, short-term admissions of any duration, can lead to patient injury or even death.

Our team of nursing home abuse lawyers represented a family not too long ago that reminded us all just how dangerous a short-term facility admission can be.  This particular case involved a man who was placed in a facility after heart surgery in order to get the proper care and attention necessary after such an ordeal.  The surgery had been successful and the prognosis from the physicians involved could not have been better.  However, the recovery was going to require close monitoring of a blood thinner during recovery.

Although hospital records indicate a dosage of 4 mg of Coumadin, physician’s orders upon admission to the facility indicated a continued dosage of 5 mg daily.  Of course, Coumadin use can be very dangerous when the patient’s anticoagulant levels become too high.  So physician’s orders at the time of admission also required immediate follow-up by the facility’s physician with blood testing and adjustment of the Coumadin dosage to guaranty that the anticoagulant levels would stay within therapeutic parameters.

These medical requirements were well documented in the facility’s charting and were well-known to their staff.  Despite their full knowledge of physician’s orders that the patient be carefully monitored for appropriate Coumadin use, the staff never made a doctor available during his stay at the facility.  Four days after admission, the patient’s attending heart doctor at the hospital that had performed the heart surgery called the facility.  He was very upset that there had been no follow-up by a physician to check lab values and adjust his Coumadin dosage accordingly.  At all times, the staff continued to administer Coumadin, 5 mg daily.  As a result, the anticoagulant in the patient’s system reached toxic levels and he died.

There were a number of factors that resulted in patient’s illness, suffering and death.  Among others:

1. Failure to provide patient prompt and appropriate access to a medical doctor to continue his anticoagulant therapy,
2. Failure to conduct timely and appropriate testing to properly assess his anticoagulant levels,
3. Continuing to administer Coumadin after his anticoagulant had reached critical levels,
4. Failure to timely and appropriately report his medical condition to the doctor,
5. Failure to provide him access to a medical doctor, emergency physician when his complaints and symptoms called for prompt medical attention,
6. Failure to prevent the worsening of his condition,
7. Failure to follow physician’s orders upon admission in all of the above,
8. Failure to follow standard protocols for the provision of care, treatment and services in all of the above,
9. Failure to follow his care plan in all of the above,
10. Failure to properly monitor and chart his medical condition and the course of care,
11. Failure to properly hire and staff their facility,
12. Failure to properly train staff,
13. Failure to properly monitor and supervise the staff.

While the above circumstance may be alarmingly extreme, many facilities fail to address some of the most basic care related needs for patients when they know that they are only at the facility for a short period.  From a medical and legal perspective, this ‘hands off’ approach to evaluating short-term patients’ care related needs is simply unacceptable.

Regardless of the duration of the admission, whether for a few days or for an extended period, all facilities have a duty to care for the patients that they admit.

From the perspective of a family or patient, it is important to treat short-term admissions as you would any admission to a medical facility and incorporate the following measures:

• Clearly articulate any special needs or requests to staff members
• Provide staff with information and contact numbers for treating physicians
• Make all medications and dosages known
• Convey special medical needs to staff
• Bring relevant medical records
• If coming directly from a hospital, bring discharge orders
• Provide emergency contact information
• And STAY IN COMMUNICATION with all involved parties

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.GaNursingHomeAbuseLawyer.com or http://www.eldercareabuselawyer.com.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

You have legal rights if your elderly loved ones were abused

As the US population ages and birthrates decline, we are beginning to see an increase in the number of geriatric people in nursing homes and assisted living communities. This puts seniors themselves in a vulnerable position and should cause some concern to the adult children and grandchildren of these patients, given the number of horror stories in the media today about nursing home abuse and nursing home neglect. Many of these horror stories were the backbone of many taking legal action for abuse in nursing homes.

If the unthinkable should happen to you or an aging parent or relative, do you know what your legal rights are? Although the details vary from one state to the next, the federal government provides a few guidelines. And as soon as you suspect nursing home abuse or neglect–even something that may seem minor, such as a bed sore — it is recommended that you get in touch with a nursing home abuse lawyer to discuss your legal options.

Standards of Care

Legally, a nursing home is a private institution that furnishes shelter, feeding and care for sick, aged, or infirm persons. They may or may not be required to furnish medical services, depending on the specific type of facility and local regulations governing the operation of such institutions. Under federal law, there are four categories:

• adult boarding services
• residential care facilities
• intermediate care facilities
• skilled nursing facilities

Generally, the first category provides only the most basic of services offered, limited primarily to room and board; “skilled nursing facilities” offer some medical services and are the most heavily regulated.

The Right to Know

Regardless of the level of care, any nursing home or senior facility is required to have written policies in place that outline procedures as pertaining to the prevention of nursing home abuse and nursing home neglect; this document must be provided to the resident prior to admission to the facility. Residents have the right to know about all services offered, the cost of those services, and how to contact state offices and advocacy groups should they have concerns or a need to file a complaint. In addition, residents who are sensory impaired or speak a language other than English must be accommodated.

The Right to Choose

Residents have the right to access their own medical records and participate in any decisions about treatment (including the right to refuse treatment). For cases in which a resident may not be mentally competent to make such decisions, these rights apply to the next-of-kin unless power of attorney has been granted to another designated party. (It is vitally important that this be detailed in a legal document ahead of time.) If you are not being allowed to take proactive action in your care or the care of your loved one, you should choose an attorney who specializes in the area of elder care law.

Mike Prieto may be that attorney.  No other law firm in the State of Georgia has obtained more money through settlements and verdicts, including the single largest verdict in Georgia’s history, than SPMH Law, LLC.

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.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.

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

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.

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.

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.

Is your loved one being abused in a nursing home?

Physical abuse can be as extreme as assault and battery or rape – or may consist of forced restraint, either by mechanical or chemical means (such as administration of psycho-pharmaceutical drugs not authorized by a doctor).

Emotional abuse may include insults, humiliation, threats, and attempts to frighten the resident; it can also be a crime of omission, as when the resident is ignored, disregarded, and/or isolated against his or her will.

Neglect can consist of withholding food, water, and/or medication as well as failure to change bedding or take care of hygiene needs.

Obvious signs to look for include:

• unusual bruising or bleeding
• open wounds, sores or cuts
• burns and abrasions
• sudden and unexplained change in weight
• soiling, poor hygiene, smell of urine or feces
• infections
• loss of hair
• torn, stained, or bloody clothing or bedding

Less obvious signs may consist of:

• listlessness or unresponsiveness
• infantile or other strange behaviors
• physical or emotional withdrawal
• disappearance of personal items
• sudden and unusual financial transactions

If you note any of these signs you may have questions on what to do. First you should begin by notifying the facility management. Please remember that just because your loved one is displaying possible signs of abuse doesn’t mean someone directly abused them. It could be one of many signs of nursing home neglect.

More Red Flags

If you arrive at a facility to visit a resident during regular visiting hours and the staff refuses or delays access – or a staff member refuses to leave the room during your visit – these may be signs that they are hiding something. Again, it is important to begin by registering your concerns with the management, but if you are not satisfied, you have the legal rights to file a complaint to the appropriate agency. And of course you can always, and are urged to, contact a nursing home abuse lawyer.

A Word on Retaliation

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.

Serving clients in:

Atlanta, Bartow, Cherokee, Cobb, Floyd, Fulton, Whitfield, Douglas, Polk, Chatham and all of Northwest Georgia, North Georgia, Central Georgia and South Georgia, as well as much of the Southeastern United States.