Committed Portland Nursing Home Abuse Attorneys
The legal team at the D’Amore Law Group understands the overwhelming emotions and lasting effects of nursing home abuse on the victims and their families. The steadily increasing number of nursing home centers in Oregon, which is directly correlated with the state’s growing elderly demographic, has led to an exponential rise in the occurrence of neglect and abuse to this particularly vulnerable population. Our Portland nursing home abuse lawyers are here to assist you in this trying time and have a proven track record of providing our clients with exceptional and effective legal counsel to obtain the compensation they need to get on the road to recovery.
Across the United States, the occurrence of abuse and neglect in nursing home facilities is a widespread issue. This issue, which affects the healthcare industry, is only just recently coming to the public’s attention. Authorities estimate that less than 16% of all instances of elderly patient abuse are formally reported, meaning that millions of senior citizens suffer maltreatment that goes unnoticed.
A study conducted by the University of California-San Francisco indicated that more than 30% of nursing homes dispensed unnecessary drugs to their patients – either to sedate them or as a result of the negligence of the facility’s staff members. A shocking 63% of nursing homes fell short of providing adequate care as mandated by federal and Oregon state healthcare statutes. If you suspect that your family or someone you care about has received substandard care or been abused due to the negligent or criminal behavior of nursing home staff, the experienced Portland nursing home abuse attorneys sat D’Amore Law Group can assist you in bringing those responsible to justice. Medicare officials periodically compile statistical data through surveys, formal investigations, and on-site inspections of Oregon nursing home facilities. The federal agency recently reported that 20 of the 137 Oregon nursing home centers investigated (22%) had serious violations of applicable healthcare industry regulations, resulting in substandard care.
Choosing the right nursing home abuse legal counsel is vital to ensuring your case will be handled with the utmost attention from the start. Shockingly, only 1 in 14 instances of nursing home abuse are reported to government officials, even though it is estimated that nearly 44% of all nursing home patients have experienced some type of physical or mental maltreatment. Do not let someone you care about suffer in silence. If you suspect that you or a loved one has suffered due to the misconduct or negligence of nursing home staff, contact us today. The Portland nursing home abuse attorneys of D’Amore Law Group specialize in litigating nursing home abuse and neglect cases. We can use our years of experience navigating the complexities of applicable healthcare statutes to get you and your family the compensation you deserve.
What Constitutes Nursing Home Abuse and Neglect?
Nursing home abuse, also referred to as elder neglect, typically takes place when a facility fails to administer proper medical, physical, or emotional care to a patient. In a number of instances, this lack of care can potentially escalate to physical or emotional abuse. Common causes of nursing home negligence or abuse include inadequate staffing, lack of training, and mismanagement. If you notice any of the following symptoms affecting a loved one who is a patient at a nursing home facility, it could be indicative of abuse or neglect:
- Falls and slips resulting in injury
- Ulcers and bedsores
- Unexpected fluctuations in your loved one’s demeanor and behavior, such as withdrawal
- Inexplicable financial activity such as significant fund withdrawals. The National Center on Elder Abuse reports that seniors lose approximately $3 billion annually due to financial abuse, with over 90% of this misconduct occurring in nursing home or healthcare facilities.
- Lack of proper nutrition, dehydration, or vitamin deficiencies
- Dramatic or sudden weight loss
- Mood changes including nervousness, depression, and anxiety
- Failure to locate patients
- Sexual abuse, including rape
- Emotional abuse, including insults or threatening comments
- Dispensing unnecessary or incorrect medication, including overmedicating patients
- Isolation or abandonment of patients who require around-the-clock medical attention
- Unsanitary living conditions including unchanged bedsheets and clothing
- Unwillingness of patient to speak freely in the presence of nursing home staff
Every Oregon nursing home facility has an inherent responsibility to abide by the applicable state and federal healthcare regulations to ensure their patients receive adequate care. Whenever a patient exhibits one or more of the above conditions, it is commonly a result of the failure of the facility to meet this standard. When this type of negligence takes place, the nursing home must be held accountable for the subsequent pain and suffering of its patients. Many medical care facilities, marketed towards elderly patients, are operated by for-profit healthcare entities with established patterns of understaffing and improper training protocols.
There are many signs that can indicate a red flag that nursing home abuse and neglect are taking place. If you have noticed that someone you care about has suffered from any of the aforementioned conditions, contact the trusted attorneys at D’Amore Law Group today. Our dedicated Portland nursing home abuse lawyers will conduct a thorough investigation of your case to determine the legal options available to you for resolving the situation and obtaining the care your loved one needs.
Oregon Nursing Home Laws & Legal Processes
The Elderly Persons and Persons with Disabilities Abuse Prevention Act is a statutory prohibition against the neglect, abuse, and exploitation of elderly individuals receiving care in the state of Oregon. This state law comprehensively spells out what constitutes “abuse” in regard to elder care – reading in pertinent part: “[Abuse is]…Any physical injury, neglect in withholding medical services, infliction of pain or injury, sexual contact with a non-consenting individual and the use of verbal abuse are all considered to be forms of abuse.”
If an individual has knowledge of abuse that has adversely affected a senior citizen within 180 days preceding the given injury, then he or she may petition the circuit court for an injunction, which is an official court order to the alleged abuser to refrain from further contact with the victim until the case is fully resolved. In such a situation, it is imperative that you seek out a competent nursing home abuse attorney, like the ones you will find at D’Amore Law Group, who can assist you with the complex and time-sensitive petition process. Our knowledgeable legal counsel may be able to transfer your loved one to an alternative care facility that will provide him or her with the standard of care and attention, as prescribed by law, while the litigation process plays out. The Elderly Persons and Persons with Disabilities Abuse Prevention Act also sets out the varying courses of action the court can invoke to appropriately protect your loved one from further suffering. This may include, but is not limited to revoking a nursing home manager’s control of funds, a full refund of the payments you submitted to the nursing home organization, and ordering a thorough criminal/civil investigation of the nursing home workers implicated in the case.
Additionally, due to the increased vulnerability of elderly patients in nursing home facilities, the Oregon legislature has implemented a Bill of Rights intended to safeguard the rights of these individuals. The Bill includes: the right to receive treatment with respect and dignity, the right to keep their records confidential, freedom from physically and emotionally abusive conduct, the right not to be transferred or discharged without a valid explanation, the right to be fully informed of the policies applicable to all patients and staff of the facility, and freedom from retaliatory actions in response to complaints or input regarding treatment. Additional protections are also afforded to senior victims by the Elder Abuse statutes ORS 124.100, which provide for treble economic and non-economic damages as well as attorney fees awarded to a successful plaintiff.
As the family member of a loved one who is a patient in a nursing home facility, you have every right to file a report of abuse or neglect when there is evidence that your loved one is suffering as a result of substandard care. Do not be intimidated by nursing home staff and administrators. When you contact the experienced Portland nursing home lawyers at D’Amore Law Group, you can rest assured that you and your loved one’s legal rights will be fiercely protected at all stages of your case.
Contact Our Proven Portland Nursing Home Abuse Attorneys
Nursing home neglect claims can be complex. Corporate nursing homes are set up to spend considerable resources to protect their assets. Making a claim for the injury or death of a loved one can be very difficult. It is important to turn to a law firm that is experienced in the detailed investigation required to bring the case to trial.
The Portland nursing home abuse lawyers at D’Amore Law Group are experienced in handling nursing home abuse and death cases and offer a free consultation. Assisted living facilities target elderly people who can no longer live alone, but who don’t need intensive medical care. As a result, they have different rules and regulations, and these laws vary by state. Our nursing home abuse attorneys are licensed to practice in state and federal courts in Oregon, Washington, and California, and have associations with trial attorneys in all 50 states.
If you or someone you care about has been abused or neglected in a nursing home or long-term care facility, contact a skilled and compassionate attorney to discuss your options. We represent clients throughout Washington, Oregon, and California. We have offices conveniently located in Portland, Vancouver, Lake Oswego, and Bend. Call our concerned and dedicated nursing home abuse attorneys at 503-222-6333, or contact us online today.
The legal team at D’Amore Law Group has a proven track record of providing effective, knowledgeable legal counsel to those affected by nursing home abuse and neglect. This is just one example of the positive feedback we have received for our services:
“My mother was dropped by staff at the nursing home … both femurs were broken, and instead of getting her the emergency medical care she needed, they put her in a bed and left her there for days to suffer. When an attendant finally noticed her condition, they rushed her to the hospital where she died … The grief was unimaginable, but Tom D’Amore treated me kindly, and was tough as nails with the insurance company.” -D’Amore Law Group client