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Nursing Home Abuse: What You Need to Know

Unfortunately, many elderly people who live in nursing homes are subjected to abuse in many forms: physical, emotional, financial, etc. Nursing home life is already stressful enough with many accompanying emotional and financial costs. In this article, we will explore some of these types of abuse and examples of each. Finally, we will explore a type of legal case that can be pursued in response to such actions of abuse, the personal injury case. We will conclude by discussing what you can do if you or a loved one have become victims of such abuses.
Physical abuse in nursing homes can come in many forms. Hitting, pushing, squeezing and all other unnecessary violence can result in bruising, broken bones and other physical injuries. Instances of physical abuse in nursing homes are always unjustified and warrant legal recourse. If you have any reason to believe that you or a loved one is being physically abused in a nursing home, you should contact a San Antonio nursing home abuse attorney to discuss your rights and options for legal recourse.

Emotional abuse is much harder to prove but might be more ubiquitous. This type of abuse can be in the form of yelling, insults, unnecessary remarks intended to degrade an individual, etc. This type of abuse usually accompanies physical abuse. Signs of emotional abuse include depression, odd behaviors, unusual quietness, etc. If you think that someone you know might be experiencing emotional abuse in a nursing home, you should perform more research and contact a lawyer to discuss your options.

In addition to physical and emotional abuse, there are also countless instances of financial abuse. Many elderly people are housed in nursing homes because of mental and physical deficiencies. Sometimes workers will take advantage of mental deficiencies by cashing resident’s checks, forging their signatures, stealing their items or otherwise. Nursing homes are already expensive, and the devastating costs of theft and fraud can leave an elderly person with little if nothing at all. If you think that someone you know is the victim of financial abuse in a nursing home, please contact a San Antonio nursing home abuse attorney to find out if they are eligible for legal representation.

If any of these abuses occur, an individual might have a case for reparations from personal injury. A personal injury case can be made for negligence or intentional acts and typically has four criteria that must be met:
The alleged party had a responsibility to a certain behavior or action

  1. That party failed to maintain that behavior or action
  2. That failure caused you harm
  3. You suffered financial costs due to the failure

If your case meets these criteria, you might have a personal injury case. To be certain, conduct your own research and gather as much evidence as you can to present to an attorney. Nursing home abuse is unjust, and if you find yourself victimized by any of the aforementioned behaviors, you should seek reparations.

Common Reasons Why Long-term Disability Claims are Denied

You have filed a claim to get long-term disability benefits and you are confident that it is going to be granted. But you soon find out that your claim has been denied. Why did this happen? Firstly, insurance companies are businesses, so they may be denying your claim in bad faith just to save money. Secondly, your claim may have a flaw in it that has forced the insurance companies to deny it.
According to the website of Fields Disability, denied claims can be appealed, so insurance companies can reconsider their decisions. That is a good thing, especially if the denied claims are legitimate. But why are claims denied anyway? Below are some of the most common reasons why.

You are not disabled

It is a disability insurance, so obviously, only those who are disabled can enjoy its benefits. But what counts as a disability? That will depend on your policy with the insurance company. You have the right to get a copy of this policy and review it, so you will know what traits account for a disability.

You are not getting regular treatment

This kind of insurance often requires you to have regular visits to a specific physician, to emphasize the legitimacy of your disability, severity of the medical condition, willingness of the patient to be cured, the duty of the physician to make that happen, and the personal and financial hassle of it all. There may be some wiggle room to what counts as regular, but usually, it means bi-weekly or monthly.

You don’t have enough proof of disability

You cannot just file a claim and declare that you are disabled. You have to prove that you are disabled and that it is preventing you from working long-term. The best proof is to have medical records. Two problems can arise from here. First, you may have enough medical records but have failed to properly present them to the insurance company. Second, you may not have enough medical records because your physician is not properly documenting your treatment.

You are still able

Medical records and physician opinions should be very specific on your condition and what your limitations are, because if the insurance company has found out that the claim is not accurate, the claim may be denied or your approved coverage may be cancelled. There may be instances where insurance companies hire investigators to make sure that you are truly disabled and not able to do what you claim you are not able to do.

Spinal Cord Injury Facts

Traumatic spinal cord injuries (SCIs) appear more frequently than is generally known. Annually, there is a minimum of 12,000 new cases of SCI in America, which are a result from motor vehicle accidents 46% of the time. About 200,000 individuals live with the consequences of SCI at any one time with an average yearly price of $20,000 per patient and a life cost of as much as $3 million for the cases that are most serious.

SCI can also be related to medical blunders, but more usually it is due from falls, or to participation in sports, due to being a victim of violence. In most cases, the injury is definitely treated as serious until otherwise indicated. This really is basically because, of course, all back injuries are significant. The spine is the principal relay of information to and in the brain for most of the physique of a vertebrate. More info about SCI can be located on the website of Chris Mayo Law Firm.

SCI might be short-term or long-lasting, and is essentially harmful to some section of the spine. In a few cases where the injury to the spine is worked out, the individual might recuperate completely and restart their routine activities after a period of recovery. In too many instances, the spinal-cord damage is irreversible and devastating.

When the negligence of a third party is suspected, immediate measures are designed to determine the conditions surrounding it to discover who was responsible and to what degree. This is significant because rules that are distinct are recognized by each state for the problem in personal injuries cases. For example, San Antonio personal injury lawyers will need to discover whether the client is at fault, because in Texas if the complainant is 51% or more at fault for an accident, they’re prohibited from the recovery in a civil suit.

This may be a major issue for an SCI casualty who faces a life of high medical bills and life care costs. It’s important that in case the sufferer is actually not at fault that it be discovered with vigorous analysis.