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Nursing Home Neglect and Abuse

New Law Allows Banks and Brokers to Fight Elder Abuse

July 26, 2018 by Morris Lilienthal

New Law Allows Banks and Brokers to Fight Elder Abuse-elderely hands

Congress has recently passed the Senior Safety Act to better protect senior citizens from elder abuse and exploitation. The new law allows financial service providers such as banks and brokerage firms to disclose financial information to law enforcement if they believe it may be a result of elder abuse. The law gives financial institutions immunity from being sued to allow them to stop financial exploitation of elderly clients.

The Senior Safety Act allows employees of financial institutions to report suspicious activity dealing with elder abuse to appropriate government agencies and law enforcement without facing the possibility of being sued in court. This makes the process of stopping abuse and finding the people who perpetrate it more efficient.

[Read more…] about New Law Allows Banks and Brokers to Fight Elder Abuse

Filed Under: Alabama, Elder Law, Nursing Home Neglect and Abuse

New Safeguards in Place for the Protection of Nursing Home Residents

February 9, 2017 by Morris Lilienthal

Nursing Home Care Attorneys

The Centers for Medicare and Medicaid Services (CMS) recently revised regulations for nursing home facilities, which may help prevent elder abuse and make life for residents a little better. The regulations apply to all nursing homes that participate in Medicaid/Medicare programs. For a complete look at the old and new regulations, check out this side-by-side comparison from The National Consumer Voice for Quality Long-Term Care. Here’s a quick summary of some of the major changes: [Read more…] about New Safeguards in Place for the Protection of Nursing Home Residents

Filed Under: Alabama, Huntsville, Alabama, Nursing Home Neglect and Abuse

Restoring Your Day in Court to Prosecute Nursing Home Abuse

September 30, 2016 by Morris Lilienthal

Elder AbuseUPDATE – January 2017: The ban on mandatory arbitration agreements has been temporarily blocked. U.S. District Judge Michael Mills, who sits in the Northern District of Mississippi, granted a preliminary injunction, which keeps the rule from being implemented. Martinson & Beason, P.C. will continue to monitor the status of the rule as it makes its way through the court system.

Nursing home patients and their families won a major victory Wednesday when the Department for Medicare and Medicaid Services banned arbitration clauses in nursing home agreements for all nursing homes that receive federal funds. The decision will allow nursing home victims of elder abuse, sexual abuse, wrongful death, and other forms of mistreatment to pursue justice in a court of law, rather than being relegated to secretive arbitration. Admitting a family member into a nursing home is often an extremely stressful time, and families rarely have the chance to negotiate the binding arbitration provision in the admittance contract.

An arbitration agreement is a contractual provision between a consumer and a corporation where the parties agree to settle any potential legal disputes in a private proceeding with limited recourse. In contrast to the regular court system, arbitration settlements are kept confidential and parties do not have the right to appeal. Arbitration also allows a company to keep embarrassing and potentially costly mistakes and practices from being heard by the public. It is a system favored by many corporations that prevents a consumer access to the court system.

[Read more…] about Restoring Your Day in Court to Prosecute Nursing Home Abuse

Filed Under: Blog, Nursing Home Neglect and Abuse

In Firing Abusive Employees, State Drags Its Feet

September 9, 2013 by Doug Martinson, II

Nursing home resident - Martinson & Beason, P.C.More than two years after an exposé by the New York Times and a promise for change from the governor, the employees of New York state-run group homes—facilities that care for people with developmental disabilities and mental illness—who were found to have abused residents still have their jobs.

A recent article in the New York Times details how the state has made little progress in firing employees with serious disciplinary charges. These charges included biting a patient’s ear, hitting a patient in the back of the head, knocking a patient out of a chair, and showing up to work intoxicated. [Read more…] about In Firing Abusive Employees, State Drags Its Feet

Filed Under: Blog, Nursing Home Neglect and Abuse

Bed Rails Pose Risk of Death and Injury to Nursing Home Patients

December 21, 2012 by Morris Lilienthal

Nursing Home Neglect and AbuseAccording to a recent article in the New York Times, Clara Marshall, an older woman suffering from dementia, moved into a nursing home after her family was no longer able to provide the care she needed. Tragically, after only five months in the facility, Clara was found dead in her room, strangled after getting her neck caught in side rails meant to protect her from rolling out of bed.

It was only after her death, once her daughter had begun writing to the Consumer Product Safety Commission and the Food and Drug Administration that she discovered that both agencies had known for more than a decade about deaths associated with bed rails. She was shocked that two agencies devoted to ensuring consumer safety had failed to act despite years of warnings regarding the danger of such bed rails. [Read more…] about Bed Rails Pose Risk of Death and Injury to Nursing Home Patients

Filed Under: Blog, Nursing Home Neglect and Abuse, Personal Injury

Alabama Not Alone Dealing with Elder Abuse

April 12, 2011 by Morris Lilienthal

Elder abuse in Alabama is not breaking news. As has been documented by several organizations, this issue is growing throughout the state. In fact, this isn’t the first time we have brought attention to this growing problem. But, what is rare is to get video evidence of elder abuse.

In the Pennsylvania assisted living facility, three workers are being charged with aggravated assault and negligence among other things for the way that they treated a 78 year old resident. We can only assume that it is a matter of time before a civil suit is filed. [Read more…] about Alabama Not Alone Dealing with Elder Abuse

Filed Under: Blog, Elder Law, Estate Planning, Nursing Home Neglect and Abuse

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  • Home
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    • Douglas C. Martinson, II
    • A. Mac Martinson
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