Elder abuse around the country

For most people who work outside the public sector, traditionally defined benefit company pension plans funding a large part of their retirement income are a relic of the past. Instead, these individuals now largely must fund their own retirement nest eggs, supplemented by Social Security. One tax-favored investment vehicle offered by approximately 483,000 businesses to 78 million employees is the 401(k) plan. A 401(k) plan allows individuals to make tax-deductible contributions from voluntary salary…
    • The proportion of consumer purchases made through the Internet, or in response to infomercials has continued to increase each year, and now makes up a significant portion of all consumer transactions. Ever-increasing numbers of people undertake to shop on their computers from the comfort of their home, or respond to televised infomercials which tout the virtues of various products. The ease and convenience of shopping without having to leave your home and travel from store to store until you find just the…
    • There will no doubt be hundreds of thousands of insurance claims reported by homeowners and business owners up and down the East Coast in the wake of Hurricane Irene. Policyholders should be aware that state laws stringently regulate the conduct of insurance companies when insurance companies are investigating and adjusting claims by their policyholders. By law, insurance companies are prohibited from engaging in unfair or deceptive practices when they adjust claims. It is an unfair insurance practice for…
    • All of our loyal readers know that MDPCE is diligently prosecuting claims against Vertrue and Adaptive Marketing for their unfair and deceptive post-transactional marketing practices (just one of the ways unscrupulous marketers “cram” unwanted services onto unsuspecting consumers). As alleged in various filings in federal district courts in several states, Vertrue and Adaptive’s scheme, known as post-transactional marketing, works by deceiving consumers into entering an email address to claim what…
    • Here at MDPCE, we have written a number of times about the need to be careful to catch unauthorized charges that may appear on consumers’ credit card and checking account statements. Unfortunately, the number of unfair and deceptive “cramming” schemes about which consumers must be wary are legion. One such scheme appears to be run by Stonebridge Benefit Services, Inc., headquartered in Plano, Texas. Stonebridge appears to use at least two tactics to deceive consumers into paying its unauthorized…
    • Meiselman, Denlea, Packman, Carton & Eberz P.C. is currently investigating a potential class action against MB Mobile and other cell phone vendors for billing people for unwanted services and ring tones.  As many angry consumers have documented, MB Mobile has a practice of billing consumers for products that they didn’t buy and don’t want.  Specifically, cell phone users have been surprised to receive an unwanted charge of $9.99 a month for “services” provided by MB Mobile.  Many…
    • Before the recent economic meltdown, many home buyers who were not able to qualify for standard mortgages were approved for so-called sub-prime mortgages with very high interest rates. Of course, many consumers intended on refinancing at a better rate as soon as they could, and to profit on that expectation, lenders included an “early termination fee.” As a result, consumers who wanted to refinance had to pay a penalty for the privilege of doing so. While this penalty may have been unfair and usurious,…
    • Hurricane Irene, with all of its devastating impact, has finally moved past the United States. Now the insurance battles start, as self-interested insurance companies pull out all of the stops to avoid having to pay out claims on homeowners’ policies. Remember, insurance adjusters who come to evaluate damage to your home are not your friends, and in fact, their main job is to deny as many claims as they can while keeping the resulting litigation costs and court judgments for their unscrupulous behavior…
    • Under a standard Honda lease agreement, the consumer agrees to make a monthly payment in exchange for the privilege of driving the car a certain number of miles.  The amount of the monthly payment is a function of a number of variables, including the length of the lease term, the number of miles allowed to be driven by the consumer, and whether up-front money is paid.  At the inception of the lease, the consumer chooses the number of permissible miles under the terms of the lease, usually 10,000, 12,000…
    • Do you closely review your monthly phone bill for extra charges?  Few people do.  More should.  Scammers bill consumers for nearly $2 billion each year in unauthorized charges, which are “crammed” on their phone bills without their knowledge or consent.  According to a very recent report issued by the U.S. Senate Committee on Commerce, Science, and Transportation, on average, telephone companies place about 300 million third-party fees on consumer phone bills every year — most of which are…
    • Meiselman, Denlea, Packman, Carton & Eberz P.C. is currently investigating a potential class against Travelocity, Orbitz and other internet travel vendors concerning the sale of unwanted travel insurance to commuters. As angry consumers have documented, Travelocity, Orbitz and others have pre-checked the boxes selling travel insurance on their reservation forms. As a result, consumers who fail to uncheck the insurance boxes are tricked into buying insurance that they don’t want. If you or someone you…
    • For years, Levaquin has been among the most highly-prescribed fluoroquinolone antibiotics, used by patients to treat severe bacterial infections and those that fail to respond to other antibiotics.   While the drug is effective in treating ailments such as respiratory tract infections and meningitis, it is also associated with severe adverse reactions, including tendon ruptures. Indeed, as of this year, the FDA requires that Levaquin packing include a “black box warning” disclosing the serious risk…
    • It is virtually impossible to live in modern society without a credit card. Consumers need plastic to rent cars, make on-line purchases, prove their identity, and even buy a bag of peanuts on an airplane. As a result, consumers have to increasingly rely on the honesty and integrity of credit card companies with whom they have accounts. Given how many charges appear on most consumers’ credit card statements every month, it becomes all but impossible to monitor each and every charge. This is especially…
    • In recent times there have been great strides made in the means of communication and the dissemination of information. We now have the ability to make telephone calls from virtually anywhere with our cell phones, and obtain instant information on every possible subject with our laptop computers, smart phones, iPads and Android Operating Systems. These enhanced means of obtaining information and communication do, however, have very serious associated risks . At the present time there are more than 250,000…
    • We have written before about the practice called “cramming.” A report recently issued by Senator John Rockefeller of West Virginia highlights the tremendous impact that cramming has on consumers. Cramming is the practice in which consumers find mysterious charges on their telephone bills for services that they had not purchased. The report issued by Senator Rockefeller notes that the practice of cramming began appearing in the 1990s, when telephone companies opened their billing platforms to an…
    • On May 31, 2011, the International Agency for Research on Cancer of the World Health Organization (WHO/IARC) issued a report based on its review of available scientific evidence regarding the association of cell phone radiation and brain tumors. The review, while not conclusive, did find that epidemiologic studies conducted to date showed an “increased risk,” of glioma and other types of malignant brain tumors, in association with cell phone use. In other words, WHO found that cell phone radiation…
    • Meiselman, Denlea, Packman, Carton & Eberz P.C. is currently investigating potential class action lawsuits on behalf of delivery drivers for Quiznos, Dominos, Pizza Hut, Papa Johns and other restaurants or businesses. Under federal and state law, delivery drivers must be properly compensated for gas and wear and tear on their vehicles. This compensation must be high enough above the minimum wage to fully offset expenses. A federal court has held that fair compensation for wear and tear may be an extra…
    • Coconut water is the new drink of choice among celebrities and athletes and is a staple at marathons, triathlons and other sporting events. Its popularity stems from marketing campaigns billing coconut water as a great way to stay hydrated and recover after a workout and is seen as a natural alternative to sports drinks. The beneficial claims associated with coconut water are seemingly endless. Marketers and manufacturers claim that it is more nutritious than whole milk (less fat and no cholesterol),…
    • The Illinois nursing home neglect lawyers at our firm spend much of our time learning about the specific circumstances surrounding the care provided to our clients that led to their harm. We work hard to conduct proper and thorough investigations and to use the available legal processes to collect information that is useful in court proceedings. In fact, it is often only through the legal process and the filing of a Illinois nursing home lawsuit that the families of these victims are able to learn…
    • Through our many years of experience working with victims of local elder abuse , our Illinois nursing home neglect lawyers recognize the types of individuals who are most likely to be victimized by mistreatment. Unfortunately, the more vulnerable a certain individual is, the more likely he or she is to fall victim to the carelessness, recklessness, or the outright intentional misconduct of others. For example, those with particular mental deficiencies, such as sufferers of dementia and Alzheimer’s…
    • Our Illinois nursing home neglect attorneys understand that there are often many complexities involved in seeking recovery for mistreatment at a long-term care facility. Far from being a straightforward process whereby a victim shares their story and receive the recovery to which they are entitled, many victims must jump through many hoops before receiving justice. The already disheartening complications present in the system make all attempts to make it even harder for victims to recover particularly…
    • Proper care giving at long-term care facilities that is free of nursing home neglect means more than just the prevention of serious physical harm to the resident. Unfortunately, so many local residents forget that when an elderly loved one enters one of these facilities to receive additional care they continue to deserve to live in an environment that prioritizes their quality of life. These seniors still need social interaction, mental stimulation, creative outlets, and protection of their basic…
    • All states, including Illinois, require facilities to be licensed by a public body before opening their doors and accepting residents. This is a common sense regulation to ensure that these facilities are meeting basic safety requirements and have the resources necessary to provide residents with the quality of care to which they are reasonably entitled. In theory, this licensure requirement would work to limit the prevalence of nursing home neglect , because homes that were not capable of providing…
      • List
      • 50 items
    • The Madison-St. Clair Record published a story this week on a retaliatory discharge lawsuit that has connections to Illinois nursing home neglect . According to the report, a former employee of Maryville Manor is claiming that she was unfairly discharged after raising awareness of patient mistreatment of the facility. The nursing home provides services for the mentally and physically handicapped residents. According to the former employee’s legal complaint, she noticed disturbing signs of nursing home…
    • Earlier this week we mentioned the much-heralded settlement reached in the Illinois nursing home lawsuit involving disabled resident rights. The agreement arose following a long-standing class-action suit which sought to make state officials provide alternative living options for Illinois residents with disabilities who had previously been forced to live in local nursing homes. Those calling for changes believe that these individuals should not be forced to live in often negligent Illinois nursing homes…
    • Our Illinois nursing home neglect attorneys have come to understand the variety of tricks that many of the largest nursing home conglomerates use to avoid paying compensation after causing injury to residents. One of those strategies involves the use of arbitration agreements. These agreements are usually clauses found in contracts signed by nursing homes residents and their families when they seek to enter one of these facilities. These agreements are often hidden in the usually overwhelming stack of…
    • Our Illinois nursing home neglect lawyers have previously shared information on the out-of-state facility which is now facing federal Medicare and Medicaid fraud charges. The facility is accused of billing federal coffers for more than $16 million in services that government officials have deemed “worthless.” In an unprecedented move, federal officials filed the fraud suit after investigators uncovered care at the facility that they considered grossly deficient. If found guilty of the fraud, the…
    • Most Illinois nursing home attorneys have closely followed the developments in a long-standing legal battle between state officials and disabled rights organizations. The main issue in the legal wrangling involve whether or not the state should be forced to offer alternatives to disabled residents who want to move out of these institutions. Public bodies subsidize most of the care these residents needs, and they usually only offer services for these individuals in traditional nursing homes. However, all…
    • Far too often the worst-performing facilities that are the sight of rampant nursing home abuse and neglect are allowed to continue operating even after problems are found. In our area an experienced Illinois nursing home neglect lawyer would be able to explain how it is the same facilities and operators who again and again are found to be responsible for abuse and neglect that severely injures and kills area seniors. While it is possible for all facilities to have temporary lapses in care, it is…
    • When the time comes for a senior to receive additional care, many local families work hard to see that the extra care is provided at home. The many examples of Chicago nursing home neglect documented on this blog as well as elsewhere sends a clear message to many that some of these facilities are to be avoided unless absolutely necessary. Fortunately, many services are now available that work to keep seniors in their own homes for as long as possible. However, just as in the nursing home context there…
    • Sexual assaults are some of the most troubling acts of criminal conduct in our community. Our Illinois nursing home neglect lawyers know that these devastating acts are far too frequently committed against our most vulnerable community members in assisted care facilities. Nursing home sexual abuse often strike residents who are unable to explain to others what happened to them and unable to defend themselves against their attacker. In most cases the attackers turn out to be one of the very people who have…
    • Illinois nursing home abuse and neglect is a significant problem in many ways because of the particular vulnerabilities of the seniors involved. Many nursing homes residents need assistance with basic tasks, have little ability to defend themselves against aggressors, and often cannot adequately report their mistreatment to others. As a result of these issues our Chicago nursing home lawyers know that far too often they are forced to live day in and day out with poor care, often only ending when medical…
    • All those who are involved in ensuring quality elder care and the prevention of nursing home abuse have been closely following the developments related to atypical antipsychotic drug use in long-term care facilities. Earlier this year our Illinois nursing home abuse lawyers shared information on the new research from the Office of Inspector General related to atypical antipsychotic drug use in nursing homes. The OIG report specifically focused on how these drugs were incorrectly prescribed to residents in…
    • When nursing homes experience too many quality of care violations or violations related to nursing home abuse , the state of California may revoke the license of a nursing home. One potential problem associated with the revocation of a nursing home losing its license is the continuing care of patients. A nursing home in Santa Barbara, California recently lost its license, and the continued care of nursing home residents was an issue for the facility. According to the California Department of Health’s…
    • Sadly nursing home abuse happens to loved ones in California and relatives out of state. Sometimes it can be difficult to document or confirm suspicions of nursing home abuse , but a story of elder abuse from outside of California shows that some abuse can unfortunately be overt. Three nursing home workers were recently indicted on charges that they abused elderly and mentally frail residents as well as stole money and medication. The indictments are related to events that happened at a nursing home in…
    • The use of psychotropic drugs in nursing homes is a hot issue. When used correctly psychotropic drugs are therapeutic when they are administered to manage pain or treat mental and emotional disorders. The controversy in nursing homes over psychotropic drugs stems from when the drugs are used to restrain nursing home patients. Instead of treating a nursing home patient’s condition, psychotropic drugs are sometimes used as a chemical restraint to subdue a nursing home patient deemed to be uncooperative by…
    • An elder neglect case based north of California in Spokane, Washington has also turned into an elder financial abuse case. Originally, a 106-year-old woman was found begging for food in her unkempt home, but now the case of elder neglect has turned into a search for legal and financial documents to trace the disappearance of up to $1 million missing from the elderly woman’s accounts. The case is another warning as to who to trust with power of attorney over an elderly person’s financial affairs. …
    • At the beginning of last month, we wrote about a nursing home abuse situation where the son of an elderly woman placed video cameras in his mother’s room in order to capture suspected abuse. The son’s suspicions of nursing home abuse were confirmed when nursing home workers were recorded beating up and throwing his mother. Since that time, the son wanted his mother to remain in the same nursing home, but the son has recently changed his mind. After the episode of abuse at the nursing home, the son…
    • During our last post, we wrote about groups of seniors who are more likely to experience nursing home abuse or elder abuse. We also wrote about who the usual culprits are that take advantage of elderly folks. In this post, we will continue along the same vein by talking about how to identify elder abuse and what can be done to prevent or stop it. According to the National Committee for the Prevention of Elder Abuse, an advocacy organization based in Washington D.C., some common signs that may indicate…
    • Not all elderly people are susceptible to elderly abuse or nursing home abuse in the same way. Generally, seniors between the ages of 80 and 89 who live alone and need some kind of home or health care are most susceptible. Women are also twice as likely as men to be victims of elder abuse. Elderly folks with diminished capacities or seniors who are not fluent in the language used in contracts or credit agreements are also vulnerable. Over this post and the next we will discuss ways to recognize and prevent…
    • Apparently some nursing home caregivers get bored or are plain idiotic but thankfully their missteps do not go unnoticed. In a strange case of nursing home abuse , two caregivers at a California nursing home were recently sentenced for jail time after they carried out a practical joke involving slippery ointment. Two nursing home workers at an Ukiah nursing home coated elderly dementia patients with slippery ointment so that the residents would be difficult to pick up for the next shift of workers. A…
    • Lately, we have been talking about elder abuse in the form of financial abuse where people close to an elderly person uses the elderly person’s finances for their own gain. Financial abuse can also occur under the guise of financial products. Seniors are often the targets of investment advisors selling financial instruments because seniors generally have wealth and time to speak with investment advisors. Too often elderly Americans are exploited when they are sold inappropriate investments or pay…
    • Violence against the elderly in San Francisco, California goes largely uninvestigated according to the Comprehensive Report on Family Violence in San Francisco. That means elder abuse is a perfect crime because of the dearth of investigations. The issues of elder abuse and nursing home abuse have flown under the radar and as a result police departments have had to play catch-up not only in San Francisco or Los Angeles but around the country. According to a recent report on law enforcement in San Francisco,…
    • We all have the desire to be loved and cared for, but sometimes bad people can take advantage of those feelings. Often in elder abuse cases, an elderly person will be befriended by a new person in their life and sometimes the new friend uses an elderly person’s trust for their benefit. In a recent case of elder abuse, an 85-year-old California woman put her trust in three people because she was lonely. Tragically, the woman was dragged across the country while the three new friends spent the trusting…
    • Nursing homes in California and across the United States can be tense place even when nursing home abuse is not a potential issue. For some, tension between family and staff can develop into a ritual almost. Family members can have strong thoughts about staff members and staff members can have strong thoughts about family members, but conflict in the nursing home setting can contribute to increased depression among family members and a higher burnout rate for nursing home staff members. Nursing homes can…
    • At the end of last month, we wrote about a nursing home abuse case where nursing home workers were caught abusing an elderly resident on hidden camera after initial reports of abuse were ignored by the facility. Despite disciplining eight employees that were involved in the nursing home abuse, the nursing home now seemingly wants to punish the elderly resident again by asking her to leave the facility. The son of the elderly woman who setup the hidden camera that caught the abuse says his mother not the…
    • “Our job is not to prepare them to live. Our job is to prepare them to die,” said a hospice nurse to the son of an elderly woman in hospice care. The integrity of hospice care has come under attack as more hospice providers have been accused of charging high prices for little service. One 91-year-old woman received so little care at a hospice that she died of gangrene in her toe. The family of the woman is suing the hospice provider for elder abuse . When residents or patients enter a hospice…
    • As states deal with budget crises more and more look at services to cut. One popular service that is the target of state budget reductions is home health services. Home health services often allow elderly folks to live in their own homes for a longer period of time. The reduction of home health services likely means that more elderly folks will be forced into nursing homes. The changes may lead to lower risks of elder abuse because of fraud issues the home health care industry has blighted with. Some…
    • <script src=”http://l.yimg.com/a/i/us/pps/listbadge_1.4.js”&gt;{“pipe_id”:”0355a65f39a84007dfef4a624cddfa63″,”_btype”:”list”}</script>

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s