August 8, 2008

Elder Care Abuse

The Golden years Are Not Always So Golden

Our elders are responsible for the way the world is today. They have unlimited knowledge of the world and should be treated with respect. It is a sad fact to recognize that this is not always the reality. Elder care abuse is a very serious issue and every year thousands of elderly Americans are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. The Pennsylvania elder care lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling elder care abuse cases since 1979.

As elders become more physically frail, they are less able to stand up to “bullying” and or fight back if they are physically attacked. Seniors may not be able to see or hear as well as they could in their earlier years. Senior citizens might not also think as clearly as in the past, making it easy for unscrupulous people to take advantage. Mental or physical ailments may make it more difficult to take care of a loved one, in a care facility, or nursing home.

Elder care abuse can take many forms: physical, emotional, or sexual abuse, neglect, financial exploitation, or healthcare fraud. Physical abuse may consist of hitting, shoving, or inappropriate use of medication, restraints, or confinement. Emotional abuse such as intimidation, humiliation, or blaming is common. Emotional abuse is not limited to verbal actions, but can include nonverbal psychological abuse such as ignoring them, isolation, or terrorizing them. Sexual abuse is forceful sexual contact or other improper sexual acts. Neglect or abandonment is failure to fulfill a care-taking obligation, which are the most common reported cases of elder abuse. Neglect can be active (intentional) or passive (unintentional). Financial exploitation involves unauthorized use of an elderly person’s funds or property either by a caregiver or an outside scam artist. Financial exploitation includes: misusing personal checks, credit cards, or bank accounts; stealing cash, income checks, or household goods; forging signatures; or engaging in identity theft. Healthcare fraud and abuse can be carried out by doctors, nurses, hospital personnel, or other professional caregivers. Examples of healthcare fraud include: not providing healthcare, but charging for it; overcharging or double-billing; not following medical equipment laws; getting “kickbacks” for referrals to other medical providers or for prescribing certain drugs; over-medicating or under-medicating; recommending fraudulent remedies for illnesses or other medical conditions; or medicaid/medicare fraud.

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June 18, 2008

Nursing Home Abuse and Negligence – Safe or Sorry?

Nursing homes are meant to be a safe place where the elderly are taken care of by professionals who care and will treat your family members with respect. Staff members of the facility are presumed to abide to strict codes of conduct. However, that is not always the case. Some residents of nursing homes are subject to physical abuse, mental abuse, and neglect. The Pennsylvania nursing home lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling thousands of nursing home abuse and neglect cases since 1979.

CBS news reported that a congressional report in 2001 says 5,283 U.S. nursing homes, nearly one-third, have been cited for abuse. The report says more than 40%, or 3,800 abuse violations, were only reported after formal complaints from residents, their families or community advocates. Over 1,000 homes were cited for more than one abuse violation in a two-year period, 305 homes were cited for three or more abuse violations, and 192 nursing homes were cited for five or more abuse violations.

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