Richard Hastings asked:


Medical malpractice is the deviation from the acceptable medical standard of care which causes results in some type of harm to the patient. It can and does happen in a health care facility including nursing homes. Nursing home malpractice is any intentional act or negligence committed by a nursing home professional and/or staff member that potential causes physical, economic, or psychological harm to the residents. Malpractice can occur if the care provided deviates from accepted standards of practice in the community and causes injury or death to the resident. While most facilities attempt to provide competent care, there are instances when the quality of care is not up to standards, and as a result medical malpractice occurs. General neglect is the most common nursing home malpractice and could include:

* Failure to assist in personal hygiene

* Failure to provide appropriate medical care

* Failure to provide appropriate food, clothing, and shelter

* Failure to prevent or treat malnutrition and dehydration

* Failure to prevent falls

* Failure to provide a safe environment

Any act or failure to act perpetuated by staff member that causes harm to a resident could be considered nursing home malpractice. Signs of or symptoms of these problems can include bedsores, pressure sores, infections, dehydration, malnutrition, unexplained ailments, undetected or misdiagnosed medical conditions, slip and fall accidents, medication errors, inappropriate physical restraint, untreated pain, and related indications of injury and/or death to the residents. Nursing home malpractice also includes inadequate staffing, inexperienced or under-trained staff, negligent supervision, and patient isolation. When the minimum standards governing the nursing home industry not met, the party responsible can be held accountable for any damages caused by the malpractice. Elder abuse in a nursing home is also a malpractice. There are different types of elder abuse: physical abuse, financial abuse, sexual abuse, emotional abuse, neglect and health care fraud. A victim of nursing home malpractice can file a claim for malpractice. The claim must be made within the statute of limitation which varies from state to state. The victim must generally prove four elements in a nursing home negligence claim: (1) a duty of care was owed by the nursing home; (2) the home violated the applicable standard of care; (3) the victim suffered a compensable injury; and (4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the victim. Sometimes nursing home malpractice can also result in the death of the resident. In such cases, the survivors of the deceased resident can file a claim for wrongful death against the nursing home and its staff. To prove a nursing home malpractice case, expert testimony may be need to provide that employees of the nursing home failed to render care and treatment that meets the prevailing standard of care in the industry, and that this breach of the standard of care caused the resident’s injury or death. If you suspect you are a medical malpractice victim or nursing home malpractice for any reason, it is recommended that you seek legal advice immediately. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.” Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.



Kohan

Michael Ehline asked:


When most of us think of babies or small children, normally a big bright smile comes to our faces and wonderful visions of children having lots of fun times while they‘re playing, laughing, and giggling. Unfortunately in more cases than you would want to imagine, this however is not the case. Too often we hear on our television news channel, or read in our newspapers, day after day of yet another child that has been abused in one tragic way or another.

If you are in Anaheim Hills, Huntington Beach, Santa Ana, or anywhere in the orange county area, and child abuse has taken place, contacting a professional child abuse attorney with vast knowledge in this field as well as great compassion for the situation at hand can be one of the most important steps you can take.

Generally you envision cuts or bruises on the child that are visible, thinking child abuse is something that you can see on the child. This is not always true and some forms of child abuse are not always as easy to be seen or detected.

Physical abuse would of course be the most apparent where you would you see evidence of abuse taking place, in the child having bruises, scrapes, burns, cuts, or numerous other visual injuries.

A child can suffer not only from physical abuse, but there are several other types of abuse as well that can cause much suffering for the child they are inflicted upon.

Emotional abuse is unseen abuse that is involved in child abuse and is a type of child abuse that you would not be able to see by the physical appearance of the child. The child suffers from these types of wounds inflicted in various ways upon the child just as they would physical abuse. A care giver being consistently negative to the child, locking a child in small spaces for long periods of time, screaming and threats to name a few.

Child neglect is another form of abuse that is seen in approximately 60% of all child abuse cases. There are numerous actions that can be considered to be neglectful. Some of these would be to withhold food from the child, shelter, or clothing. Failing to furnish adequate education for a child is also considered to be child neglect.



Craig