Oregon Memory Care Abuse Lawyer
With offices in Medford, Grants Pass, and Klamath Falls, the lawyers at Andersen Morse & Linthorst are well prepared to represent clients in need of an experienced memory care abuse lawyer in Oregon. At our firm, we are well equipped to address abuse cases of a loved one in a memory care program with consideration, and attention to your specific needs. Unlike other law firms, we are committed to delivering you the highest quality legal services. We will do the work necessary to fiercely protect your legal rights so that you have a strong chance at obtaining the best possible case outcome. Everyone on our team knows every case intimately, and every client personally. It is how we provide an unprecedented level of service to our clients facing memory care abuse. This level of service is how we achieve results. If you feel that a loved one has been injured as a result of abuse while in memory care, we encourage you to contact our firm to schedule a free initial consultation.
What is memory care?
What is difficult for you to care for someone with Alzheimer’s disease or another type of dementia at home, you can consider memory care. Memory care is a form of senior living that allows for specialist care for people who will have memory issues. Many assisted living facilities and nursing homes have created a special memory care unit for dementia patients, but there are also standalone memory care facilities. These facilities are designed specifically for senior citizens who have dementia and related conditions, so they are fully equipped with the resources that they need. They are helpful for patients who need specific and specialized care requirements. Some people are not aware that memory care facilities exist, but the popularity of them is growing as the population of aging residents and senior citizens continues to increase. Memory care is a growing segment of the senior housing market because the minutia and other disorders and diseases associated with types of dementia are more and more common.
Like nursing homes, the quality of these facilities varies widely, so be sure to do your thorough research when you are comparing different facilities. The regulation of memory care differs from state to state and the quality of these memory care units varies so you should always ask questions and visit the memory care living facility that you are considering getting your loved one into. Pay a visit to the facility with your elderly loved one so that you can get a first-hand look and make your own observations. Talk to staff members as well as residents to learn about their opinion of the facility. Be sure to check in with websites that show the rating and recent inspection summaries. Doing proper research can help you avoid choosing the wrong facility which can be harmful for your loved one.
Memory care is designed to provide a safe and structured environment with set routines to help lower stress for people who have Alzheimer’s or dementia. Employees provide mills and help the residents the personal-care tasks, just like the residents and staff do in the assisted living facilities, however, the people in these memory care units are specifically trained to deal with any issues that often arise as a result of dementia or Alzheimer’s. The staff members are familiar with these diseases, and know how to assist and care for residents who suffer from them. It takes a great amount of patience and skills to effectively care for patients living with dementia and Alzheimer’s disease. They know how to communicate with them and give them the appropriate care that they need. This means that these people are checking on people more frequently and provide extra structure and support that may not be specific to every resident in their care.
In regular assisted living facilities, residents must manage their own time, menus and mill times are posted. The staff is not going to make sure that they have ordered what they want or that they are aware that there are menus to order from. This can lead to people not receiving mills because they did not order them, this can also lead to people becoming isolated because they are unaware of events happening at the residential facility. Memory care facilities and units are much more hands-on, with staff members closely guiding residents. In a memory care unit, the staff is helping ensure that the residents are going to events, they are getting their meal, their medications and more. Residents require more personalized assistance because they may not always be able to remember important information to help them navigate their day.
People with dementia are prone to wander, which is led to memory care facilities having alarm doors, elevators and more to help keep these people indoors and safe. This is an issue for many residents in regular facilities, because they can easily get lost or accidentally hurt themselves. Staff members may take a long time to find the resident. Some memory care facilities give residents tracking braces that allow them to explore but still allow staff to monitor them, and all activities at memory care centers are designed to improve cognitive functioning and they engage residents at different stages of the disease. The special tools allow staff in assisted living facilities to keep residents with dementia safe and secure, while allowing them to walk around as they wish.
However these facilities sound amazing, but the reality is not every center is equal and abuse can still happen. That is one reason why you should know all about the memory care center that you are leaving your loved one in, you should visit them as often as you can, and should keep an eye on them regardless of how much you trust the staff in charge of their care.
Defending the rights of memory care patients
When faced with a significant legal issue that involves abuse while in memory care, you need legal representation that is knowledgeable, empathetic, and experienced; our lawyers will fight for you and work to create a compelling case, which can help achieve a more desirable outcome for you and your family. Our well-rounded team of experienced lawyers and legal professionals at Andersen Morse & Linthorst, have the ability to defend your rights and help you be financially compensated for damages that may have been suffered as a result of abuse that occurred while in an assisted living memory care program.
There are federal and state nursing home laws that regard nursing home abuse, such laws protect those in assisted living memory care programs. These laws are in place to help ensure facilities provide high-quality care to residents, that is safe and nurtures their overall wellbeing.
- The ability to file lawsuits if they are mistreated
- The right to a safe living space free of abuse
- The right to participate in decisions regarding their care
- Families and nursing home residents need to know their rights early on. This can help prevent abuse or ensure it is addressed before it causes long-term harm.
4 Important Questions to Ask Your Memory Care Abuse Lawyer
As loved ones develop cognitive diseases such as dementia or Alzheimer’s, there may come a time where you need to house them in a memory care facility to ensure that they are safe and taken care of. Unfortunately, abuse in elder care homes is always a possibility. If you suspect your loved one has suffered some form of abuse, contact a memory care abuse lawyer in Oregon to figure out what your options are, and make sure you ask these important questions.
What Types of Abuse Are There?
Typically, abuse is thought of as physical, including hitting or kicking, shoving, or rough handling that results in some form of physical injury. However, abuse also extends to the psychological, sexual, and even financial. Psychological abuse could include demeaning words or humiliation, and financial abuse could come in the form of theft if a worker takes advantage of your loved one’s lessened cognitive abilities. It is not always easy to spot signs of abuse, but if you pay close attention to your loved one’s behavior you may be able to notice unusual choices that they make. Abuse in assisted living and memory care facilities can be done by staff members or other residents.
Does My Loved One Have Rights?
All residents of a memory care facility are entitled to various rights, including privacy, financial freedom, access to friends and family, and access to information about their health and residency. It doesn’t matter if they are suffering from dementia or a related disease. If they are blocked from freely exercising some of these rights, that could be construed as a form of abuse. If you’re unsure what abuse applies to your case, contact a memory care abuse lawyer in Oregon from Andersen Morse & Linthorst to guide you.
Can I Sue on Behalf of My Loved One?
In many cases, you can if there is provable negligence and that negligence resulted in injuries. The worst-case scenario is negligence that results in death. There, a memory care abuse lawyer in Oregon could help you and your family file a wrongful death lawsuit in order to get the compensation that would cover funeral expenses and any medical bills associated with the claim. Other forms of abuse could result in a general lawsuit. However, only certain family members are eligible to sue, such as parents, children, and spouses. There are exceptions to the law, but it is best to speak with a lawyer to understand what laws apply to your case. The laws about who can sue on someone’s behalf differ from state to state, but a lawyer from Andersen Morse & Linthorst will know the specific laws in Oregon.
Who Can I Sue?
Generally, you can’t sue someone personally, but you can hold the facility accountable. The memory care facility your loved one lives at has a legal responsibility to hire the appropriate staff and to regulate them. They are in charge of monitoring their staff and ensuring that they are providing consistent quality care to their residents. However, in some cases, if a specific worker was negligent while off the clock or while working as an independent contractor and their negligent behaviors caused injury to your loved one, you may be able to sue that specific worker. It can be hard to determine which parties you are able to sue, so check in with a lawyer about your legal options. Contact your memory care abuse lawyer in Oregon to see what your options are and ensure you’re working within the statute of limitations.
What Elements Are Required to File a Lawsuit?
In order to successfully file a lawsuit when it comes to memory care abuse, there are a few elements needed. The first element is that the caretaker (whether the worker or the facility as a whole) violated their duty to provide a basic standard of care that’s free from negligence. Any violation that jeopardizes the patient’s health or safety means that the patient may be entitled to financial compensation. The next element needed is the cause of their violation, such as a claim to any physical damages, emotional abuse, or theft of possessions/finances. Lastly, the final element is the proof of any harm or damages. All of these elements need to be present in your case in order for you to file a lawsuit.
The Case of Wrongful Death
Unfortunately, sometimes memory care abuse may lead to the wrongful death of a patient. Wrongful death is when a victim dies due to the actions/negligence of another party. When this occurs, not only can the other party be held liable to paying compensation, but punitive action as well. Sometimes it can be harder to prove wrongful death, however, and an attorney will investigate how the patient’s care–or lack of care–could have led to their death. Your lawyer may ask questions including:
- How old was the patient?
- Was the death caused by a violation of the careworker’s duty?
- Were they any prior conditions that could have led to the patient’s death?
How Are Memory Care Abuse Lawyers Paid?
Memory care abuse cases can come in different forms and you will need to consult an attorney to fully determine the method of payment. However, often personal injury cases are paid on a contingency fee. Essentially, this means that the plaintiff won’t have to pay any upfront costs, and instead, the legal services provided by the lawyer is a percentage that’s paid out from their final settlement or court award. This allows patients and their families to have peace of mind especially if they are already dealing with financial burdens such as healthcare costs.
What to Do if You Suscept Abuse?
Your loved one may not always have the courage or even the ability to let you know that they’re being abused and sometimes it can be difficult to clearly prove it. If you suscept your loved one is experiencing any kind of abuse–whether physical, mental, emotional, or financial–the first step is to get them out of the facility immediately. Whether the abuse stems from malicious intent or simply the result of understaffing, removing them from the situation is always the best course of action. Once they’re removed and relocated to another facility that’s when you can contact a lawyer and start filing a lawsuit.
Memory Care Abuse Lawyer Oregon
When you hire a lawyer for help with a memory care abuse related legal claim, they will be able to educate you on how these laws may affect the outcome of your claim. The team will also be able to offer suggestions and advice about the best course of action to take based on the specific needs of your claim.
A nursing home lawyer will be able to help you be compensated and ensure that staff involved in the abuse case are held responsible. Your claim may even indirectly help to uncover underlying patterns of abuse toward other nursing home residents.
Compensation will help pay for damages and other expenses such as:
- Funeral costs
- Hospital stays
- Other expenses that stem from the abuse
- Lawyers may also secure punitive damages, which is extra money the abusers must pay for the harm they caused.
Our firm is well prepared to represent clients in need of an experienced memory care abuse lawyer in Oregon. If you believe that a loved one has been injured as a result of abuse while in a memory care program, we encourage you to contact Andersen Morse & Linthorst firm to schedule a free initial consultation.