News & Analysis as of

Elder Care Elder Abuse

Stark & Stark

Alarming Cases of Elder Abuse in NJ Long-Term Care Facilities

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Three employees of two separate New Jersey long-term care facilities were indicted this past month, highlighting grave concerns over resident safety and care standards in such facilities throughout the state....more

Morris James LLP

Nursing Home Abuse/Neglect FAQs in Delaware

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1. What are the signs of nursing home abuse or neglect in Delaware? Signs of nursing home abuse and neglect can vary, but common indicators include physical injuries like bruises, cuts, or bedsores; sudden weight loss;...more

McGuireWoods LLP

Reputation Management Is Key in a Competitive Senior Living Marketplace

McGuireWoods LLP on

When a man’s family placed a hidden camera in his senior living residence, it came as a startling surprise to the provider. While the company has a policy against surreptitiously videotaping employees, management could not...more

Troutman Pepper

Massachusetts AG Announces Creation of New Elder Justice Unit, Appoints Experienced Health Care Prosecutor As Head

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Massachusetts Attorney General (AG) Andrea Joy Campbell announced the creation of a new Elder Justice Unit, which will use existing resources to protect and promote the safety and well-being of elders through enforcement...more

Console and Associates, P.C.

Can You Sue for Nursing Home Injuries Due to Falls and Other Accidents?

Abuse and neglect at nursing homes are longstanding problems. Some of the most common nursing home injuries are also among the problems that can leave the families of residents with a lot of questions. ...more

Lathrop GPM

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

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​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...more

Law Matters

Nursing Home Ownership Correlates to Incidents of Abuse and Neglect

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Due to persistent problems involving systemic nursing home abuse and neglect, CMS announced recent policy changes aimed at bettering nursing home care....more

Morris James LLP

What are the warning signs of nursing home abuse or neglect?

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Nursing homes, skilled nursing facilities, rehabilitation centers, assisted living facilities, and in-home elder care services are used by many families trying to provide care for their parents, grandparents, and other loved...more

Morris James LLP

What is Nursing Home Abuse or Neglect?

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The statistics about nursing home neglect or abuse are jarring: a national survey of nursing home staff reported that a total of 36% of nursing home residents say that they witnessed a minimum of one incident of physical...more

Hinshaw & Culbertson LLP

California Expands Non-Economic Damages In Survival Actions

Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more

Foster Swift Collins & Smith

Checking in and Reconnecting with Family this Holiday Season

This article was originally published in September 2019 and has since been updated with more current information. To say that last year’s 2020 holiday season was strange and exhausting would be a massive understatement. With...more

Foster Swift Collins & Smith

How Should We Celebrate Elder Law Month?

With 2020 in the rear view mirror and 2021 well underway, the COVID-19 pandemic continues to generate urgency for elder law planning for those most at risk. May is National Elder Law Month which allows the opportunity to...more

Ruder Ware

Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse

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As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or...more

Downey Brand LLP

California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove Damages

Downey Brand LLP on

A new case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act. In Arace v. Medico...more

Searcy Denney Scarola Barnhart & Shipley

Elder Care Facilities and Nursing Homes Putting Patients at Risk - Long Before Coronavirus

Long before Covid-19 ravaged nursing homes, the long-term care industry had an infection control problem. On March 4, 2020 in response to the coronavirus, the Centers for Medicare & Medicaid Services (CMS) announced that it...more

Downey Brand LLP

New California Statutes Change Spousal Undue Influence Presumptions

Downey Brand LLP on

California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by...more

Downey Brand LLP

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

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As our population ages, more of our seniors are moving into assisted living facilities. The number of such facilities has nearly tripled over the past two decades, with construction of memory care units the fastest-growing...more

Patrick Malone & Associates P.C. | DC Injury...

Grim way to increase nursing home profit: Toss out frail seniors and disabled

Profit-hungry nursing home operators persist in throwing out vulnerable seniors and disabled patients from needed care, too often because the facilities find they can get higher-paying patients to fill their already costly...more

Harris Beach PLLC

Checks, Please! Endorsed by Gillibrand, PROTECTS Act Would Allow Nursing Homes Access to Key Background Screening

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Recent reports of abuse in nursing homes are not only disturbing; they also shed light on the difficulties that long-term care (LTC) facilities face in screening potential health care workers. We believe background screenings...more

Downey Brand LLP

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

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Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

Lowndes

Top 3 Tips to Protect Your Loved Ones in the Wake of the Rebecca Fierle Guardianship Scandal

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Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65.  In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for...more

Ward and Smith, P.A.

The Law on Nursing Home Injuries in North Carolina

Ward and Smith, P.A. on

There are more than 15,600 nursing homes in the United States, according to the most recent statistics. And more than 1.3 million residents live in these facilities. Most nursing homes provide excellent care to elderly or...more

Patrick Malone & Associates P.C. | DC Injury...

Government watchdog, finding abuse complaints doubled, criticizes nursing home oversight

With complaints of nursing home abuses doubling between 2013 and 2017, the federal agency with oversight of these facilities must improve significantly its efforts to protect millions of vulnerable seniors, the U.S....more

Arnall Golden Gregory LLP

Minnesota Legislature Passes Bill to Establish a Licensure Framework for Assisted Living Facilities

On May 19, 2019, the Minnesota Senate passed legislation aimed to provide additional protections for elderly and vulnerable residents in Minnesota. The legislation included two levels of licensure for assisted living to...more

Cranfill Sumner LLP

May is National Elder Law Month

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Where the month of May celebrates mothers and the Kentucky Derby, the month of May has also been designated as National Elder Law month. This designation was coined by the National Academy of Elder Law Attorneys (NAELA), a...more

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