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Abuse of the Elderly:Elderly people living in residential homes, nursing homes or hospices expect to be given complete protection and care. If the caregivers fail in their duties and abuse is reported then one powerful tool in the fight for the prevention of abuse is elderly abuse lawyers of Texas who help you or a member of your family claim compensation.
The term Elder Abuse denote neglect, mistreatment, exploitation, or harming of elderly patients in nursing homes, assisted living facilities, or home care environments. According to state and federal law the most common types of abuse that are considered illegal are:
- Physical and Sexual Abuse
- Psychological and Emotional Abuse
- Financial Abuse
- Abandonment
If any of these types of abuse have occurred then personal injury lawyers of Texas can put liability on the nursing home or the blame can be affixed on the caregiver because it is obvious that the person entrusted with the duty of giving care to the elderly has been deficient in performance of duties.
It is a known fact that in every state of United States the number of elderly people under care is rising rapidly. This has resulted in a shockingly high rate of elder abuse. Elder abuse attorneys of Texas are of the opinion that not only are the elderly being physically, psychologically or sexually abused but there have been stories of financial abuse as well. Most common forms of financial abuse are:
- Unauthorized accessing of money or accounts
- Food or Warmth Deprivation
- Illegal or Improper use of resources of an old person
- Forging an old person's Signature
- Use of deception, trickery, false pretense or dishonest acts for financial gains
- Telemarketing scams. Calling victims and using deception, scare tactics or exaggerated claims to get them to send money
- Use of deception to gain confidence
Elder abuse is now a shockingly common crime. In fact, thousands of residents in nursing homes are mistreated each year, and as the number of seniors under care steadily rises, so does the rate of abuse. Reasons for this increase range from under-qualified, under-trained, and overworked staff members to the fact that many victims are either physically unable to or too afraid to report mistreatment that is occurring in their nursing homes. It is often left up to loved ones to notice signs of nursing home abuse or neglect and ultimately take action.
Physical Abuse of the elderly-Physical abuse imply use of physical force that results in injury, impairment, or Physical Pain or threat of such physical force.
Physical abuse attorneys of Texas state that any kind of physical violence occurring inside any private home is termed Domestic Violence.
Various forms of injuries occurring as a result of physical punishment are:
- Mugging
- Punching, Slapping or Hitting with an object
- Kicking and Biting
- Spitting, Hair-pulling, or Burning
- Physical Restraints
- Rough handling during care-giving or administration of medicines
Emotional Abuse-means committing wrongful acts against elders like verbal assaults, humiliation, harassment, intimidation or other abusive behavior.
The basic symptoms of emotional abuse according to the words of Elderly Abuse Attorneys of Texas are:
- Emotional Upset or Agitation
- Fearful Behavior
- Withdrawal and Apathy
- Strange behavior such as Sucking, Biting, and Rocking
Neglect of elderly in the nursing homes-According to elderly abuse lawyers of Texas neglect occurs when elders are not given the care they deserve by the caregivers. A care can be active-by withholding necessities or passive-by being unable to fulfill their responsibilities due to illness, lack of skills, substance abuse or mental health problems, or lack of time or energy.
Symptoms of elderly abuse due to neglect are:
- Not providing proper food, water, heat, or ventilation
- Unsafe living conditions
- Animal or insect infestations
- Poor personal hygiene
- Improper clothing for the weather
- Bedsores, skin rashes, and soiled bandages
- Dry or sore mouth, dry and fragile skin, apathy, lack of energy
- Not providing proper dentures, eyeglasses, hearing aids, walkers or wheelchairs
- Difficulty in sleeping
- Fear of the caregiver
- Loss of appetite
- Isolation from the outside world, friends or relatives
Nursing Home Abuse-Every year an estimated 2.1 million aged Americans are victims of physical, psychological, or other forms of abuse and neglect. Nursing home abuse attorneys of Texas say that most of elder abuse cases go unreported. This is a serious problem because many elders who face some kind of abuse tend to die earlier than those who are not abused.
Nursing Home Reforms Act (1987)-To bring about reforms in the nursing home practices and procedures congress passed this act. The act was formulated to protect the rights of citizens so that they can live with dignity and are not abused in any way by the nursing home staff.
Nursing Home Abuse Lawyers of Texas say that every citizen enjoys certain privileges under the Nursing Home Reforms Act of 1987. The rights of citizens especially elder are:
- Residents have the right to be informed regarding all the services and their charges, rules and regulations of the nursing home and contact information for the State Li-censure Office. Texas nursing home abuse lawyers say that it is the duty of nursing home's to inform regarding state survey reports of the nursing home and the steps taken by the nursing home's to correct problems. It is a right of all Residents to be properly communicated to on a daily basis in their own language.It is the concerned nursing home's duty to provide help regarding sensory impairments of the elderly.
- Residents have the right to participate in planning their own care. Nursing home abuse lawyers of Texas state that residents can claim both adequate and appropriate care and can also refuse that care. They can voice their opinion in planning of their care. They have to be cautioned if their is any change in treatment or condition and they possess the right to review their medical records.
- Right to privacy and confidentiality is enjoyed by every resident. Nursing home abuse lawyers of Texas say that residents can communicate in private with a person of their choice. They have right of private treatment and care of personal needs. Confidentiality regarding medical, personal, and financial affairs have to be ensured by the concerned nursing home.
- Residents have the right to security of possessions. Every resident has the right to manage its own financial affairs. Services covered under Medicare and Medicaid have to be provided without any charge. Residents are entitled to file a complaint if the nursing home is managing their financial affairs in an abusive, neglectful, or inappropriate way.
- A resident has the right to visits. Nursing home abuse lawyers of Texas are of the opinion that residents have the right to fix appointment with a personal physician. Representatives from health department can also come and see them. They are allowed to meet their relatives. Residents also have the right to reasonable visits by organizations or individuals engaged in services such as health, social and legal.
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