How could a very lovely elderly lady or an adorable old man die horribly in a place where assurance of quality care would be provided? Yet this is the grim truth for thousands of elders housed in nursing home facilities in different parts of the United States.
Abuse is not the only thing that is causing so much pain and slowly gnawing away the life of nursing home residents; negligence is another major factor. As different from nursing home abuse, which is intentionally harming a resident, neglect is failure in the exercise of proper care or a form of sub-standard care resulting in harm to a patient.
Different news stories have spoken of various cases of nursing home neglect that have resulted not only in severe injuries, but also in death. One of these stories talks about an elderly man, who died horribly dehydrated (after not having had any food or liquid for 4 or 5 days) and in great pain due to a huge bedsore (about the size of a fist). Another is about an elderly woman, who died five days after suffering second degree burns on her left ear, cheeks, and under the nose (this caused her tongue and lips to swell); the burn was caused by the pure liquid oxygen the was hooked up to her face. Investigation revealed three things; (i) that the old woman was left alone in her room after she was given the oxygen; (ii) that the nursing home staff had no knowledge about the proper use of liquid oxygen and that the facility did not provide training to its staff (on the proper use of liquid oxygen) and, (iii) she was not taken to the hospital despite the severity of her injuries and that the facility did not follow a doctor’s instructions, which was to have the old woman’s chest x-rayed.
The stories above are just a couple of the so many disturbing cases of negligence in nursing homes. Others, which do not result to death or really serious injuries, or which some family members never even care to notice, never get reported. Some of these other acts of negligence include failure to change soiled diapers, double diapering, restraining patients to their bed, failure to clean and cut nails of patients, failure to change bed sheets, and failure to assist residents in their daily needs (such as eating, bathing, toileting, dressing, etc.).
One must bear in mind that neglect in nursing homes is committed against individuals who are either too sick or too weak to defend themselves against the many forms of mistreatment and threats on revealing acts of abuse and/or neglect. Thus, speaking up for the sake of residents, in order to save them from the cruelty and/or negligence of nursing home aides and nurses, and even administrators (who never bother to properly screen those who they will hire, never train those hired or who keep their facility understaffed for higher profit), should be a major concern of families with a loved one in a nursing home.
With help from a highly-skilled nursing home abuse/neglect lawyer, a family may be able to prove and stop incidences of maltreatment, as well as put behind bars the perpetrators of any cruel act.
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August of 2016 will never be a good time to reminisce for a 29-year old music instructor from Johnson County in Kansas who has been sentenced to life in prison after pleading guilty to one count of aggravated indecent liberties; his victim was a 7-year-old girl. Prior to this, the convicted felon had also been charged in the past with sexual abuse, sexual exploitation of a minor, first-degree child molestation, first-degree statutory sodomy, and possession of child pornography.
Under both federal and state laws, crimes that cause innocent victims severe harm are considered serious offenses and are, thus, exacted with heavy punishments, like incredibly costly fines and years of imprisonment; some offenders are even sentenced to life in prison.
Serious crimes include treason, which is betrayal of one’s country and the most serious crime in the U.S., murder, which is the unlawful planned killing of another person, and sex crimes, such as rape, predatory sexual assault and, in a number of states, sexual battery.
Sexual battery, in particular, is any form of unwanted or non-consensual touching or sexual contact; it does not involve sexual intercourse or penetration as in the case of rape. In some states, sexual battery is referred to as criminal sexual contact and it can be committed in many different ways, like grabbing or fondling a woman’s breast, patting a person’s buttocks, forcing a kiss on the mouth, forcing the victim to touch the offender’s intimate body part, or touching the victim’s genital area; these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.
The most common victims of sexual battery are a relative, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a dating partner, or even a spouse. A Nashville criminal defense lawyer of Horst Law explains how sexual battery can be elevated to an aggravated form, specifically, to Class B felony, saying that this can be so if the offender committed the offense while using a weapon as a means of force or coercion, causing bodily harm, engaging in the offense with the help of another person, or if the victim is less than 13 years old.
In some states, sexual battery is considered a capital felony if the offender is at least 17 years old and the victim, below the age of 12, and if the act causes injuries to the victim’s sexual organ. Capital felony can be punished with life imprisonment or death.
Many victims of sexual battery and other sexual crimes, especially victims who are children, do not immediately report the crime committed against them. This may be due to threats made by the offender, fear of negative reaction from parents or anyone else, or for some reasons. Now, while the U.S. justice system is clearly bent on catching and punishing sex offenders, it may sometimes be lacking the initiative or the desire to look into the possibility that the accused is actually innocent. This does not to discredit the system of justice, but to point out that, in certain cases, especially where the victim is a child, an automatic bias is usually developed against the suspect.
A charge as serious as a sex crime, more so a conviction, can and will destroy everything that an accused holds dear and important. Hoping to clear one’s name will require only the best defense from a determined criminal defense lawyer
There are a number of law firms that offer substantial information regarding the right of an accused to a fair trial and the kind of defense that he/she will definitely need during the litigation. It is important that the accused find the lawyer who will be able to provide him/her with a defense that will work best for his/her case. All criminal lawyers are fully trained to understand the criminal law; however, not all eventually end up as capable of providing good legal representation and a good, strong defense that may save or lower the sentence of an accused.
The state of California follows the statutory strict liability when it comes to dog ownership, and this would make the dog owner liable for any injuries that their dog can cause the moment that their dog ownership begins. There are instances where the dog owner can be free from liability, such as provocation of the dog, when the dog bit as part of their duty, and many others.
Nevertheless, when a dog bites, the victim is not required to prove any negligence on their part, as according to the California Civil Code section 3342 (a) the owner will be held liable for any type of damages or injury that the victim suffer after being bitten by the dog…regardless of the former viciousness of the dog or the owner’s awareness of their dog’s aggressive behavior. This means that the dog owner will be held liable once their dog bites, regardless of whether it is their first one time or many times. Despite this strict dog bite laws in California, however, only one percent of personal injury claims have won compensation for their victims. This is often viewed as unjust and oversteps not only the California Constitution but also the intent of the legislature to protect their citizens.
The Mokaram Law Firm website states that a dog owner can be held accountable for their dog’s aggressive behavior according to any law that best suits their particular circumstance. This way, the personal injury claim will be more personal and chances of winning compensation for the claim will be higher. The great thing about the state of California is that they do not permit and classification of dogs as “vicious” or “potentially dangerous” merely on their breeds, and the majority of places are starting to shift their “dangerous dog laws” according to the particular acts of the dog and the actions (or inactions) of the dog’s owners.
Nursing home abuse is most likely the worst kind of abuse as it often involves a few things points: a violation in the duty care of medical employees, victims from the most exposed sectors of the citizenry, and although a fellow citizen may also perpetrate abuse. It is awful enough that folks in nursing homes are therefore disabled, so sick and not really so young that they want constant professional supervision; not only that, they are too sick, not too young or too incapacitated to protect themselves in the surface of maltreatment.
That is why personal injury circumstances brought against medical homes seem therefore horrible. The casualties are weak; consequently it is not either reported by them or are not believed. Abusers benefit from this as well as their standing to keep the maltreatment. Relatives and friends need to be more vigilant and be looking for telltale signs. Based on the website of Habush Habush & Rottier, these abusers can be created to spend on both the state and national amount if the private damage may be established.Unfortunately, injury cases are not at all times easy to demonstrate, particularly if the victim is unable or willing to come forward with a charge. Casualties of abuse are often fearful of reprisals because they’re often separated from people that could possibly help them tackle the problem. A capable personal injury attorney can gather the needed evidence to follow a civil suit against the addict and the rest home also without help from the victim.
Should you suspect that pal or a family member is a victim of nursing home abuse, do not hesitate to consult with a personal injury lawyer to assess the case. The consequences of nursing home abuse go beyond bodily harm; it involves mental stress and emotional distress as well, which may be substantially more difficult to cure.