Nursing Home Abuse and Neglect Resulting to Life-threatening Injuries

Nursing Home Abuse and Neglect Resulting to Life-threatening Injuries

After her 77-year old grandmother suffered a stroke and developed a pressure sore on her lower back and buttocks during her six weeks stay in hospital, Donna had her transferred into a nursing home, which claimed to have experience and knowledge in treating pressure sores. Her grandmother’s pressure sore (or bed sore) was at Grade 3 stage at the time of the transfer (Grade 1 is the least serious).

Rather than managing the bed sore and giving her grandma the best possible care, the bed sore only worsened, deteriorating to a life threatening Grade 4 wound which became all the more painful. Due to this, Donna’s grandma was rushed back to a hospital. Today, while nearly recovered from the once life-threatening bed sore in a new, but definitely wonderful nursing home, Donna is able to recall how her grandma lived with the pain, discomfort and distress of an entirely avoidable pressure sore for more than a year.

According to the police, not everyone was able to recover as Donna’s grandmother did; one resident died due to complications, while several others continued to suffer from extremely severe pressure sores – all in the same nursing home.

Bedsores resulting to death of residents have become frighteningly common in nursing homes. While neglect is the major cause for the development of this extremely painful wound, especially if it is not treated, or properly treated in time, its victims include hospital patients or nursing home residents who stay seated in wheelchairs for a long time or who stay immobile in their bed without being repositioned, turned, or cared for properly. These potentially life-threatening injuries frequently occur at the hips, lower back, elbow, ankles, and heels – areas where the bone and skin are very close in contact. One government body that sees an alarming increase in nursing home neglect lawsuits related to the development of bedsores are the courts.

West Palm Beach nursing home abuse lawyers of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. know how “moving an aging family member to a nursing home or other assisted living facility can be one of the most difficult decisions that a family makes, and it is usually done with the assumption that their loved one will be provided with the dedicated care and attention that they need and deserve.” Difficulty in making decisions is easily replaced with anger and resentment, though, as soon as family members find out that their loved one has been subjected to abuse, neglect or medical malpractice, which have become all too common and which expose vulnerable individuals to deplorable conditions that can result in serious injuries, illnesses, emotional trauma, and even death.

With the same thought, Chicago bedsores attorneys of Karlin, Fleisher & Falkenberg, say that “Families that entrust the care of their loved ones to a nursing home facility have every reason to believe that they would only be treated with dignity and compassion throughout the duration of their stay.” This is because nursing home staff members know and should know how often residents, especially those with limited mobility, will need assistance shifting in their beds to prevent injuries, such as bed sores, from forming — in fact, residents probably need assistance shifting positions with greater frequency just to be comfortable. In any event, bed sores can be as potentially dangerous as they are thoroughly avoidable. Families that suspect that their loved ones have been abused or neglected at a nursing home can take decisive legal action against the responsible party to pursue compensation for all of their loved ones’ suffering.

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Probate Law or Elder Law or Estate Planning

It can be very hard to challenge a will once it has been made legal and around 99 percent of will pass through probate without any problems. This is because wills are taken as the voice of the testator or the one who wrote the will, and because they are no longer alive to talk about what their wishes are the court takes their wills seriously. Those who wish to challenge a will may have a very difficult road in doing so, but there are grounds that can make a will invalid.

Among the most common and often successful reason for making a will invalid is by proving that the testator lack mental capacity when they were making the will. According to the Peck Ritchey, LLC, you have to be 18 years old or older in order to have the legal capacity to write or make will. Minors are deemed not legally capable of making a will according to law. Exceptions are only applicable in certain jurisdictions and circumstances, such as when the minor has served in the military or have married. It is assumed that adults have the mental capacity to make a will, and often, the reason to question the validity of the will is when adults suffer from mental issues. Dementia, senility, insanity, been under the influence (alcohol or drugs), or other challenges in their mental capacity would be strong grounds to question the validity of a will.

Those who wish to challenge a will has to prove that the testator did not have complete grasp of the consequences of their decisions when making the will. Specifically, they did not have a strong understanding of the management of their assets and properties and what a will really is. Likewise, they might also lack complete understanding of scope and value of their properties and who the beneficiaries are. Lastly, the testator may have lacked the capacity to understand how all these elements affect each other to make a distribution of property.

Once a will has been successfully challenged, it will be deemed void either in part or in its entirety. There are instances where a previous will may be reinstated. Once the will has been deemed void, it will be up to the court to distribute the properties as if there was no will from the start. This property distribution will be under intestacy laws and will follow the familial relationships.

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