July 8, 2008

Abuse of Elderly More Common Than Many Realize

Elder abuse leading to personal injuries occurs more frequently than most of us are aware. A staggering approximate of one third of nursing homes in the United States have been cited for some type of nursing home abuse.

Missouri personal injury attorneys do their best to keep a sort of checks and balances system in place. Recently in Missouri, a nursing home and its employees were found guilty of both criminal and civil conduct. Criminal charges were filed after recurring physical abuse led to the death of a 78-year-old man.

The man, allegedly suffering from Alzheimer’s disease, was unable to walk. His family had to place him in a nursing home so his needs were better met. Over the course of his stay in the nursing home, one particular staff member allegedly beat the man repeatedly. Nurses found the nursing home abuse victim with a bleeding forehead, swollen lip and bruised eye. The personal injury victim was taken to the hospital where he died from a severe head injury known as a subdural hematoma.

The nursing home employee was found by the court to be the cause of the man’s death. He was also found to have acted in intentional disregard for the man's life through physically abusing him on several occasions. The nursing home operator was found to be negligent in the care of the man.

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June 9, 2008

Elder Abuse Wrongful Death Claim Filed

After a man was killed in a nursing home fire, his family member filed an elder abuse wrongful-death lawsuit claiming the facility lacked adequate fire prevention systems and the power to deal with an emergency situation.

The suit claims the defendants didn't have an operable sprinkler system, fire extinguishers, smoke detectors and alarms. The facility's staff also allegedly did not follow proper procedures when dealing with the fire.

This situation likely also involves elements of a nursing home and elder abuse case, as the staff allegedly did not follow proper procedures. Nursing home and elder abuse is actionable when a nursing home patient is not given proper care and suffers injuries or death from such neglect. By visiting, you will find more information about nursing home abuse.

Generally to prove a cause of action against a nursing home for injury or death of a patient the following need to be established:

1. the existence of a duty owed by the nursing home to the patient;
2. the standard of care applicable to the nursing home governing its care and treatment of the patient;
3. the nursing home's breach of duty to the patient by failure to adhere to the applicable standard of care;
4. injury to or death of the patient; and
5. a proximate causal relationship between the nursing home's breach of duty and the patient's injury or death

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