How Prevalent is nursing
home abuse and neglect?
There are 17,000 nursing homes across this
country. 1.5 million elderly and disabled
Americans reside in nursing homes. According
to a congressional report prepared by aides
to Rep. Henry Waxman (D. Calif.) State
inspectors cited nearly 5,300 nursing homes
between January 1999 to January 2001. In
more than 1,600 of these homes - 1 in 10 of
the nation's nursing residences - the
violations were "serious enough to cause
actual harm to residents or to place the
residents in immediate jeopardy of death or
serious injury." The most common violation
involved failure to "properly investigate"
according to the report. The percentage of
homes cited for abuse has doubled since
1996.
[Nursing Home Abuse Top]
What should I do if I
suspect elder abuse?
Investigate at once. Begin collecting facts.
The nursing home will not cooperate in this
process. Gather all the material you can so
that documents cannot be changed. You may
seek the assistance of the government,
private attorneys and/or support and
advocacy groups.
[Nursing Home Abuse Top]
What about the costs in
pursing litigation?
Most attorneys (including Munley, Munley &
Cartwright) will handle your case on a
contingent fee arrangement. This means the
lawyers will be paid a percentage of the
recovery in the event of a settlement or
judgment. Munley, Munley & Cartwright will
also pay all the advance costs with the
understanding that they will recoup such
costs only in the event of a recovery.
Therefore, you will be able to secure our
representation with having to pay any
attorney's fees or expenses out of one's own
pocket.
[Nursing Home Abuse Top]
How soon should I make a
claim?
A potential claimant should always seek the
advice of an attorney without delay. There
could be many deadlines to meet, claims
against governmental entities may require
that the entity be put on notice much
earlier than the statute of limitations
period. A medical and legal analysis must be
done prior to filing a lawsuit, so don't
wait or the lawyer might not have enough
time to investigate the claim before it's
expiration.
[Nursing Home Abuse Top]
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