Law Practice Areas:Elder Abuse Attorneys
Why Elder Abuse Victims Choose Us
Garcia, Artigliere & Medby is a national law firm that specializes in handling elder abuse cases, which range from financial exploitation to physical harm. Our elder abuse lawyers have been devoted to defending senior citizens and the families of seniors who have been wrongfully abused by caretakers since 2003. We have office locations in Arizona, California, Florida, Kentucky and Washington, to best serve your needs. Contact us immediately if you believe your loved one is being abused. Law Garcia will fight to hold the abuser accountable for their actions.
Types of Elder Abuse and Neglect
More than one in ten nursing home residents suffer from pressure ulcers. This is an injury to the skin and underlying tissue resulting from being left in one position for too long. Bed sores tend to develop mostly around the shoulders, hips, ankles, heels, and tailbone, where the bone is closest to the skin, and causes the area to crack, break, or tear.
Bed sores, pressure sores, and decubitis ulcers are all direct signs of nursing home abuse or neglect. They are not part of the natural aging process. If you notice your loved one has formed pressure sores while in a nursing home or under the watch of a caretaker, contact Law Garcia immediately.Back to Top
Bowel & Bladder Injuries
Bowel and bladder injuries can often cause serious, and even fatal, complications for an elderly person. These types of injuries are often a result of negligence, including dehydration, inadequate nutrition, and lack of cleanliness, infrequent adult diaper changing or improper catheter care.
Senior Citizens are more susceptible to these types of injuries when the nursing home or in-home care fails to attend to the elderly person’s needs. If you believed your loved one sustained a bowel or bladder injury due to neglect or abuse, please contact one of our office locations to see how the elder abuse attorneys at Garcia, Artigliere and Medby will fight to get you and your family the compensation you deserve for this horrible incident.Back to Top
Burns are a serious injury. As open wounds, they are painful and prone to infection. Burns can result in amputations, scarring, skin grafts, and fatalities. Burns can occur from multiple sources, including scalding hot water, hot liquid burns from beverages like tea or coffee, chemical burns from cleaning fluids, defective products, untrained staff administering treatments, or violations of fire code.
Residents can accidently burn themselves when they should be supervised. Unfortunately, serious burns on an elderly person can also be a result of physical abuse. If you, or your physician in any way, suspect that a burn may be caused by neglect or abuse, action should be taken immediately.Back to Top
Fractures and other injuries to the bone can take many forms. Each one is serious and can lead to further health issues, like infections. In the U.S., 40% of all nursing home residents fall each year, and as many as 70% of nursing home residents die from complications within a year of breaking a hip.
Fractures can happen when an elderly person is left unattended under caregiver watch, or at a nursing home. This is unacceptable, as senior citizens are more accident-prone. It also takes longer for their fractures, bruises, cuts, and sores to heal due to the aging process.
If you suspect your loved one may have suffered a fracture due to neglect or abuse, please contact us today. We are here to see that you are well compensated for any emotional or physical suffering that may result from nursing home negligence or elder abuse.Back to Top
Health Care Fraud
Health care fraud is a growing epidemic, costing our country tens of billions of dollars each year. While anyone can be the target of this, our elder population is most susceptible. Unethical doctors, nurses, and other healthcare professionals will often seek out vulnerable senior citizens to take advantage of.
Health care fraud can take on many forms, including: overcharging or double-billing for medical services, or charging an elderly person for services they never received. Health care fraud also involve over- or under-medicating, performing unnecessary procedures, or recommending remedies for any medical condition that the elderly person does not have.
No senior citizen should be subject to this type of treatment. Contact us today if you believe your loved one is a victim of health care fraud.Back to Top
Restraining an elderly person through physical or chemical restraints should be a very rare necessity, not an everyday occurrence. Restraints are anything used to restrict or prevent movement, including sedatives, wrist restraints, belts, bed sheets, and vest restraints, which may be used to tie patients their beds or wheelchairs. This can lead to traumatic brain injuries, fractures, bedsores, emotional abuse, and wrongful death.
Restraints can induce fear in patients, making the situation more difficult to detect and address. We have the legal knowledge to deal with these situations quickly, efficiently and with the respect you and your loved one deserves.Back to Top
Malnutrition & Dehydration
One of the most dangerous effects of mismanaged care facilities is malnutrition and dehydration. At least one third of the more than 1.6 million nursing home residents in the U.S. suffer from malnutrition or dehydration. These are very serious, life-threatening conditions that can lead to additional health issues like infection, sepsis, kidney failure, and even death.
If an elderly person is suffering from dehydration or malnutrition, it is considered abuse and neglect, and the nursing home must be held accountable. With over 26 years of elder abuse and neglect case experience, the elder abuse attorneys with Garcia, Artigliere, & Medby can make a strong stand against the nursing home to send a clear message that elder abuse and neglect will not be tolerated.Back to Top
Mismanagement of Diabetes
Our elders need special care, especially when they have pre-existing medical conditions that make them more susceptible to developing further health issues. Insulin-dependent diabetics are at an increased risk of serious problems if not carefully looked after in a nursing home. Mismanaged diabetes can lead to other serious health problems such as infections, cataracts, diabetic coma, stroke, blindness, nerve damage, increase risk of developing bed sores, kidney and heart failure, and even death.
A senior citizen who has a preexisting health condition like diabetes does not have time to wait for proper care. If you suspect your loved one may be suffering from elder abuse or nursing home neglect that is making their diabetes condition worse or unmanageable, call us immediately for a free consultation.Back to Top
Physical & Sexual Abuse
Nursing homes and in-home care should provide a safe, caring, worry-free environment for our elders to grow old gracefully in their golden years. Unfortunately, not all nursing homes and in-home caretakers share this belief. Nearly 44% of nursing home residents say they have been abused, while 93% of residents say they have been neglected or seen another resident be neglected. Physical and sexual abuse makes up for 36% of abuse complaints in U.S. nursing homes.
If you suspect your loved one is being sexually abused or physically abused, it is important to know the signs. An elder person may become more confused, disoriented, angry, scared, depressed or withdrawn after being victim to elder physical and sexual abuse. They may have a marked loss in appetite or refuse to leave their room. The abused elder person may refuse to discuss their abuse with anyone else because they are afraid of retaliation from powerful nursing homes.
It is imperative to seek help right away if you believe your loved one is suffering from elder physical or sexual abuse. The elder attorneys at Law Garcia understand that these types of abuse should never happen to an elder person who resides in a long-term care facility. We will treat you with compassion and fight for your rights with conviction.Back to Top
As our loved ones age, they often need supportive devices like walkers, canes, or a wheelchair to assist with the retention of mobility. When walking becomes an issue, many family members choose to have their elderly loved one live in a nursing home, where they can be closely monitored and assisted with moving around.
When repetitive falls continue in a nursing home, it can be a sign of either nursing home abuse or neglect. It is not a natural part of the aging process. Repeated falls can lead to serious injuries like bruises, fractures, tears in the skin, and death. According to the Centers for Disease Control and Prevention, about 1,800 nursing home residents die each year from falls in nursing facilities.
The elder abuse attorneys at Garcia, Artigliere & Medby know how difficult it is for an elder person to heal from repeated falls. This type of negligence is inexcusable, and needs to be brought to the forefront in order to hold nursing home and other elder long-term care facilities responsible for their mismanagement and outright neglect of your loved one.Back to Top
According to the Centers for Disease Control and Prevention, one to three million serious infections occur in nursing home facilities each year. The consequences a patient suffers from untreated infections can be severe and life-threatening. Risks are meningitis, streptococcal infections, and other bacterial infections that can lead to the death of an elderly person.
When a loved one is placed under the trusted care of a nursing home, they should never have an untreated infection. If you know a loved one’s health is being mismanaged, contact the law offices of Garcia, Artigliere, and Medby to get the help you need right away.Back to Top
It is easy for an elderly person to become confused, especially if they suffer from Alzheimer’s disease or other forms of dementia. This can make elders susceptible to wandering off. When this happens, it can be a terrifying experience for both the family and the elderly person.
The thing that can be most difficult for families experiencing this type of nursing home negligence is that many families choose the care of a nursing home because their loved one tends to wander off. When you place your loved one in a nursing home or elder long-term facility you expect them to get round-the-clock complete care, so that their elder loved one won’t wander off.Back to Top
Frequently Asked Questions About Elder Abuse
What is elder abuse?
- Elder abuse is defined as a violation of human rights and a significant cause of illness, injury, loss of productivity, isolation, and despair. According to the National Center on Elderly Abuse Administration on Aging (NCEA) in the U.S., the 2010 census recorded the greatest increase in our elderly persons age 65 and older at 40.3 million or 13% of our total population. This growing number is due to our success in medical and technological advances, but it is just as important to ensure quality of life for those who’ve had the tenacity to live a long life. Due to this increase, more disabled and vulnerable elders may place additional physical and emotional stress on both institutional and non-institutional caregivers. Many people who are entrusted to care for the elders can become stressed, depressed, or overwhelmed, which can lead to mistreatment and abuse of the elderly person in trusted care.
Many elders become frail and are unable to stand up to bullying or fight back. They may be confused or forgetful, making them easy targets for abuse, neglect, or extortion. Most cases of reported abuse in elder abuse law happen in the elderly person’s own home or in a relatives’ home. The abuser can be a friend, relative, or even a spouse who is overwhelmed and does not take the time to get additional support or help because they feel like they can manage the situation. An elderly person that develops Alzheimer’s’ disease or dementia may be especially difficult to handle because of the nature of this illness. Many caregivers fail to use the resources available to them resulting in negligence or abuse of the elder person they are entrusted to care for.
What are the warning signs of elder abuse or senior abuse?
- Elderly person appears to have a change in their personality or behavior. They may seem more irritable, withdrawn, scared, or confused.
- Frequent arguments or tension between the caregiver and the elderly person, where both parties may be more stressed and confrontational.
- Caregiver’s refusal to allow others to visit the elderly person.
- Any unusual physical marks on the elderly person such as abrasions, scratches, and bruises.
- An elderly person who has a disability, Alzheimer’s’ disease, or dementia may be at more of a risk for abuse due to the complexity of their diagnosis.
- An elderly person who has a history of domestic violence in the past may be at more risk of being a victim of abuse.
- Social isolation if the caretaker and the elderly person are alone together most of the time.
How can I help prevent elder abuse & neglect?
It is up to all of us to protect and safeguard elderly persons from potential senior abuse and neglect. We can do this by listening, observing, and questioning elders when we see drastic changes in their behavior and personality. We can intervene on the elder’s behalf if we suspect they may be a victim of fraud, neglect, or abuse. We can educate ourselves, the elderly person, and others about how to recognize signs of abuse/neglect and how to report a potentially harmful situation before it gets any worse. We must keep in mind, that the elder may feel helpless against their perpetrator especially if the abuser is a friend or family member.
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