NURSING HOME & MHMR ABUSE

Approximately 1.5 million of our elderly citizens live in nursing homes, and this number is on the rise. During their “golden years”, our parents and grandparents should be cared for with kindness, tenderness and respect. But tragically, nursing home abuse is one of our country’s most serious and prevailing problems.

There are different forms of nursing home abuse, the most prevailing being negligence. A study conducted by the U.S. General Accounting Office revealed that more than half of the questionable nursing home deaths studied were most likely due to neglect, including malnutrition and dehydration. When a nursing home facility fails to provide the proper care dictated by law, negligence has occurred. Signs of negligence include deprivation of food and water, failure to assist in personal hygiene, failure to provide medical care, failure to prevent malnutrition and failure to protect from health and safety hazards.

Physical abuse is more overt in nature. Common signs include battery, sexual assault, rape, unreasonable physical constraint, and administration of chemicals not prescribed by a physician.

But nursing home abuse isn’t limited to neglect or physical actions. Psychological abuse can seriously damage a resident’s emotional well-being. Insults, humiliation, threats, agitation or forced room confinement are characteristics of psychological abuse.

Financial or material exploitation is also considered nursing home abuse. This is characterized by the illegal or improper use of a resident’s property or assets.

Even if you are satisfied with your loved one’s current nursing home, remember that staff members or conditions within the home may change. Therefore, you should always be on the lookout for any warning signs of abuse, including the following:

• Resident seems heavily medicated or sedated
• Unexplained burns, cuts, fractures, bruises or other ailments
• Bedsores
• Unexplained vaginal or anal bleeding
• Torn, stained or bloody underclothing
• Frequent genital infections
• Sudden changes in behavior such as withdrawal, sucking biting, rocking, agitation, depression, etc.
• Delays or refusals in allowing visitors to see resident
• Visitors not allowed alone with resident
• Loss of resident’s possessions
• Sudden large withdrawals from bank accounts
• Unexpected change in will or other financial documents
• Resident has experienced sudden weight loss or weight gain
• Resident died unexpectedly or without apparent cause
• Resident is frequently ill and symptoms are not immediately reported to the doctor and family.

Click here to contact Kimberly A. Stovall, the Dallas Personal Injury Attorney Who Cares!

Kimberly has successfully handled hundreds of Nursing home and MHMR abuse cases involving the following forms of abuse:

• Unreasonable Restraints
• Malnutrition
• Burns and Physical Abuse
• Withholding medication and/or over medication
• Insufficient assistance with eating and drinking
• Unsanitary conditions such as soiled bedding
• Failure to institute reasonable fall precautions
• Failure to take reasonable precautions to prevent pressure ulcers or bed sores and/or failure to promptly and properly treat pressure ulcers or bed sores

Kimberly is well know for using aggressive investigative techniques and generating media exposure to expose negligent companies – especially when it comes to abuse of some of the most vulnerable individuals in our society.

Nursing home abuse and abuse of the mentally retarded and disabled is a violation of the law. Don’t stand for it! If someone you care about has been abused or neglected, contact Stovall & Associates to obtain the justice your loved one deserves. When Kimberly decides to take one of these type of cases, she takes it with an incredible passion to see that justice is done. For example in one particularly egregious case Kimberly handled, she took in excess of 100 depositions and worked with both the attorney general’s office and the prosecutor’s office to secure criminal convictions and civil monetary penalties. This was in addition to securing millions and millions of dollars for her clients.

Click here to contact Kimberly A. Stovall, the Dallas Personal Injury Attorney Who Cares!

NURSING HOME & MHMR LINKS

AOA – www.aoa.gov
• U.S. Department of Health and Human Services, Administration on Aging. Find information on the Older Americans Act, Administration on Aging, Aging Network, State and Area Agencies.

Able Data – http://www.abledata.com
• ABLEDATA is a federally funded project whose primary mission is to provide information on assistive technology and rehabilitation equipment available from domestic and international sources to consumers, organizations, professionals, and caregivers within the United States.

Air Force Crossroads – www.afcrossroads.com
• Air Force Crossroads is the official community website of the United States Air Force. Sections include parenting and eldercare resources for both military personnel and civilians.

Alzheimer’s Association, Greater Dallas Chapter –
www.alzdallas.org/
• Research and medication news, resource library, education events, local resources, service, support.

American Association of Mental Retardation – http://www.aamr.org/
• AAMR promotes progressive policies, sound research, effective practices, and universal human rights for people with intellectual difficulties.

American Society on Aging – www.asaging.org
• Professional membership association of individuals and organizations working on the behalf of older people. ASA is membership based and provides education and training events, publications and special interest newsletters. 1-800-537-9728.

Area Agencies on Aging Listed by State –
www.familycaregiversonline.com/aaa_by_state.html
• A comprehensive list of AAA agencies organized by state.

Benefits Check Up – www.benefitscheckup.org/
• Information about federal and state financial assistance programs for the aged.

Board of Nurse Examiners – http://www.bne.state.tx.us
• Board of Nurse Examiners including recent disciplinary action.

Call 211 – www.211.org
• 2-1-1 is the national abbreviated dialing code for free access to health and human services information and referral (I & R). 2-1-1 is an easy-to-remember and universally recognizable number that makes a critical connection between individuals and families in need and the appropriate community-based organizations and government agencies. 2-1-1 makes it possible for people in need to navigate the complex and ever-growing maze of human services’ agencies and programs. By making services easier to access, 2-1-1 encourages prevention and fosters self-sufficiency.

CaregiverStress.com – www.caregiverstress.com/
• How to care for yourself while caring for others.

Caregivers-USA – www.caregivers-usa.org/
• A nationwide database of community-based services for caregivers.

Care Giver Resources from the Administration on Aging –
www.aoa.dhhs.gov
• Web site includes non-profit membership groups and commercial web sites selling information products and services.

Centers for Health Law Studies – http://law.slu.edu/healthlaw/index.html
• Site from Saint Louis University Law Center is dedicated to health law and policy. You will find a gateway to health law resources and a collection of links to related legal and medical sites.

Department of Health and Human Services – http://cms.hhs.gov/default.asp
• Consumer information on numerous topics, research and policy information, and links to HHS agencies.

Disability Resources Monthly – www.disabilityresources.org
• Web resource focused on disability issues. Includes publications, software, videos and databases.

ElderHope – www.elderhope.com
• Caregiver resources.

Elderweb.com – www.elderweb.com
• This site provides a comprehensive, well-organized directory
of a broad range of eldercare resources including a state-specific guide (located in the site-map) with information ranging from policy issues/explanations to local groups and organizations. 309-451-3319.

Elder Care Locator – www.eldercare.gov
• Resource for locating numerous services, and information.

Elder Options of Texas – www.elderoptionsoftexas.com
• Online answers to locating care giving resources.

EveryChild, Inc. – www.everychildtexas.org

Family Care Givers –
http://www.familycaregiversonline.com/legal-medical.html
• Free Power of Attorney, Living Will/Advance Directive Forms & Texas Do Not Resuscitate (DNR) forms

Health Administration Responsibility Project – www.harp.org
• Focuses on the liability of managed care organizations for the consequences of their decisions.

MaxiAids – http://www.maxiaids.com
• This site offers products for independent living. View product and ordering information.

Medicare – http://www.medicare.gov
• Consumer friendly site that includes What is Medicare, Managed Care, who to contact, Publications, the key highlights being Wellness, Fraud, and Abuse.

Medicare/Nursing — www.medicare.gov/nursing/overview.asp
• Provides information relating to Medicaid and Medicare certified nursing homes throughout the U.S. Compare and chose a nursing home or extended- care facility.

Medline Plus – www.medlineplus.com
• A federally funded health site with trustworthy information. Interactive tutorial makes it easy to learn about everything from breast cancer and asthma, to diabetes and strokes. A directories page links to the organizations of most relevant medical specialties.

National Institutes of Health – http://www.nih.gov
• This web site offers knowledge to help prevent, detect, diagnose, and treat disease and disability, from the rarest genetic disorder to the common cold. There is an array of health libraries providing research, news and information, online library catalogs and journals, and links to specific NIH research labs.

New Life Styles – www.newlifestyles.com
• Ultimate source for senior living, this site helps find what’s right when looking for assisted living, nursing homes, hospice care and independent retirement communities.

North Central Texas Area Agency on Agency Home Page – www.dfwinfo.com/hs/aging
• Lists schedule of classes, and available resources.

Nursing Home Malpractice – www.nursinghomemalpractice.com
• Dedicated to providing information that will help readers prevent and/or stop nursing home neglect, abuse and malpractice. Find newsletter, attorney resources, advocacy groups, and consumer information.

Nursing Home Report Cards Online – http://www.seniorcarehelp.com
• Senior Care Resources, find safety codes, inspection data, code of federal regulations for nursing homes, code violations, requirements on nursing homes all across the U.S., social security law for nursing homes. Also has a checklist for 1st time visits.

Office of Special Education and Rehabilitative Services –
http://www.ed.gov/offices/OSERS
• OSERS provides a wide array of support to parents and individuals, school districts and states in the areas of special education, vocational rehabilitation and research.

OSHA – Nursing Home – www.osha-slc.gov/SLTC/nursinghome
• Review commission and administrative law judge decisions, common citations, OSHA directives, occupational safety and health reviews, and pre-selected SIC codes.

Social Security Administration (SSA) – www.socialsecurity.gov
• Information on retirement benefits, Medicare, disability, SSI and much more.

State Medicaid Programs Toll-Free Numbers –
www.familycaregiversonline.com/State_Medicaid_Toll-Free_numbers.htm

Surgery Encyclopedia’s Amputation Information –
http://www.surgeryencyclopedia.com/A-Ce/Amputation.html
• A no-frills information page that lists, among other items, a definition, detailed graphic, diagnosis, questions to ask a doctor, as well as alternatives to amputation. Straightforward and complete for those seeking immediate answers.

Tarrant County Area Agency on Aging Home Page –
http://www.unitedwaytarrant.org/home/HowtoGetHelp/Agency.htm

Texas Department of Aging and Disability Services –
http://www.dads.state.tx.us
• Portal for information for services for Texans including children, older persons, persons with physical disabilities and persons with mental retardation.

Texas Department of Family and Protective Services –
http://www.dfps.state.tx.us
• The express mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities.

Texas Department of Human Services Commission –
http://www.hhsc.state.tx.us/
• Resource for information on services provided.

The ARC of Texas (formerly the Association for Retarded Citizens) – www.thearcoftexas.org

The Senior News Source – www.theseniornewssource.com/newspaper.htm
• A monthly newspaper publication that caters to the aging community. With a readership of over 200,000, The Senior News Source is the leading resource in the North Texas, DFW metroplex. Here you can view the newspaper publication on-line.

United Way of Metropolitan Tarrant County –
• First Call - Professional information specialists, knowledgeable about Tarrant County sources of assistance, help callers determine the best place to seek help.

Wheelchair Cushions by Aquila Corporation – http://www.aquilacorp.com
• State of the art pressure relief wheelchair cushions.

Q: How much does it cost for Kimberly to meet with me and evaluate my case?

A: Kimberly will not charge you anything for an initial consultation and, if she takes your case, she will take it on a contingency fee basis. You don’t have to pay anything up front and Stovall & Associates only gets paid once your case is won or settled.

Click here to contact Kimberly A. Stovall, the Dallas Personal Injury Attorney Who Cares!

Martindale-Hubbell, the nation's premier law directory, has given Kimberly A. Stovall its highest rating: "A.V." - the very best.