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.
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.
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.
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. |
