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Senior citizens deserve the finest care available in their golden years. However, many families are faced with the difficult decision to place an elderly family member in a nursing home. The national statistics reveal that abuse and neglect are not uncommon in nursing homes nationwide.
The United States Senate Special Committee on Aging reports the following:

  • More than 54% of American nursing homes do not meet the suggested minimum staffing level for nurse’s aides
  • More than 33% do not meet minimum staffing level standards for registered nurses
  • 25% fail to meet suggested minimum staffing levels for other licensed staff

Signs of Abuse or Neglect

  • Bed sores (pressure ulcers)
  • Physical or emotional abuse or assault
  • Dehydration or malnutrition
  • Improper use of restraints
  • Wrongful death

Unfortunately, many seniors may not have the physical or mental capacity to communicate with staff members or loved ones about abuse or neglect. The Nursing Home Care Act and other state laws are specifically designed to protect the rights of these highly vulnerable nursing home residents.

Why hire an attorney who’s also a medical doctor?
When the stakes are high, EVERY MOVE MATTERS.

Why Nursing Home Abuse Occurs

Federal and state regulations detail the minimum legal requirements for the safety and protection of nursing home residents. Any nursing home that violates these laws and policies may be subjected to valid legal claims. The regulations require nursing homes to maintain specific medical charts regarding each resident’s condition, treatment and plan. These medical records often provide critical evidence in an injury claim based on neglect and abuse.

Nursing home residents who sustain injury as a result of negligence may be entitled to receive monetary compensation for the following:

  • Medical expenses
  • Pain and suffering
  • Disability or disfigurement
  • Aggravation of pre-existing conditions

If you notice signs of neglect or abuse involving a loved one and seek qualified legal assistance, you may call the Law Offices of Michael Barszcz, M.D., J.D. You should know that legal claims must be filed within a limited time; therefore, you should contact an injury attorney as soon as possible to discuss a potential claim.

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    Failure to diagnose and treat respiratory distress after delivery leads to respiratory arrest and brain injury (hypoxic ischemic encephalopathy)

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    Failure to diagnose and treat pre-eclampsia leads to maternal death.

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    Improper medication prescribed for patient with asthma leads to death.