9780195381740

How to Protect Elders from Harm is a useful resource for anyone interested in learning more about protecting elders from insufficient care or maltreatment. As a growing percentage of our population moves into their elder years, there is a growing concern about elder care issues. What constitutes maltreatment? What laws are in place to protect elders from danger? When should a lawsuit be considered? These are just a few of the issues James T. O'Reilly addresses in this publication. The author presents a number of scenarios and offers expert advice on how to prevent harmful situations as well as how to take appropriate legal action if necessary. In addition, this essential resource helps readers understand the twin legal systems - regulation and litigation - that are often used to respond to elder care issues. Although each system has utility, O'Reilly explores each in detail so readers can make informed decisions to maximize the responsiveness of each option. This is a must-have resource for anyone dealing with elder care issues.

About the Author	p. ix
Introduction	p. xi
Understanding the Risks to the Safety of Elders
Will Anyone Help My Parents?
Case Studies	p. 8
How Does Government Protect Elders Against Risk?
Preventive Actions	p. 11
Remedial Steps	p. 13
Changing Bad Conditions	p. 14
Snatching Away Your Success	p. 15
How to Make Government A True Helper	p. 16
What Federal Agencies Can Help Me?	p. 17
Federal Trade Commission	p. 17
Consumer Product Safety	p. 17
Food and Drug Administration	p. 17
Getting the Right Drug	p. 18
Safer Implantable Parts	p. 18
Generic Drug Controls	p. 18
Imported or Internet Drug Purchasing	p. 19
Vitamins and Supplements	p. 19
Injury and Side-Effects Reporting	p. 20
Bone-Fracture Prevention	p. 20
Other Economic Protections from Fraud	p. 20
Case Studies	p. 21
Remedies for Injury at Home
Education to Avoid Home Accidents	p. 23
Safety Standards to Protect Elders	p. 24
Legal Remedies for an Elder's Accidental Injury	p. 25
Flammability Risks	p. 26
Building-Related Risks	p. 27
Door Security	p. 28
Legal Consequences	p. 28
Electrical Risks	p. 29
Case Studies	p. 30
Traffic-Related Risks of Harm
Driver Licensing	p. 33
Roadway Problems	p. 34
Vehicle Deficiencies	p. 34
Pedestrian Risks	p. 35
Transportation	p. 35
Case Studies	p. 36
Hospital-Related Harms
Unexpected Fatalities Draw Inquiries	p. 39
Legal Duties	p. 40
Equipment Defects	p. 41
Infection Issues	p. 41
Medicating Patients Properly	p. 42
Medical Errors	p. 42
Nurse Liability	p. 43
Inadequate Protection	p. 43
Does Regulation Work?	p. 43
Omissions	p. 44
Barriers	p. 44
Case Studies	p. 45
Nursing-Home Risks of Harm
What to Expect	p. 47
Effects of Politics and Money	p. 48
Skin Problems	p. 49
Resident Fall Injuries	p. 50
Risks from Elder Wandering	p. 51
Patient-Restraint Devices	p. 51
Assault	p. 52
Nutrition	p. 52
Infection	p. 53
Case Studies	p. 53
Remedies for Home and Assisted-Living Health-Care Risks
Uncertainties	p. 55
Risk Avoidance	p. 56
Physical Risks	p. 56
Making the Complaint	p. 57
Caregiver Problems	p. 57
Case Studies	p. 59
Medication Issues for Elders
Types of Drug Errors	p. 61
Unexpected Adverse Effects	p. 61
Defects in the Drug Itself	p. 62
Problems with Drug Delivery	p. 62
Medication Errors	p. 62
Adverse Events	p. 62
Defective Drugs	p. 63
Uphill Battles Against Drug Makers	p. 64
Case Studies	p. 64
Protecting Elders from Financial Harms and Thefts
What is Financial Harm?	p. 67
Insurance-Related Misconduct	p. 68
Home-Related Misconduct	p. 68
Reverse Mortgages	p. 70
Home-Repair Issues	p. 70
Identity Theft	p. 71
Theft of Possessions	p. 71
Case Studies	p. 71
Abuse and Assault
Defining Assault	p. 75
Responses to Elder Abuse	p. 75
Assailant's Condition May Bar Recovery	p. 76
Neglect	p. 76
Abuse of the Elder	p. 76
Nursing-Home Abuse Claims	p. 77
The Regulatory Response	p. 78
Civil Lawsuits	p. 78
Criminal Remedies	p. 79
Assaults by Dementia Patients	p. 79
Self-Inflicted Injury and Suicide	p. 79
Case Studies	p. 80
When to Choose Which Tactic to Respond to the Harm
Regulatory-Agency Actions	p. 81
Litigation Options	p. 82
Arbitration	p. 83
Mediation	p. 83
Case Studies	p. 83
When Should We Settle?
Contingency Fee Makes "Partners"	p. 85
Factors to Consider	p. 86
Money Now, or More Later?	p. 87
Actual Terms of Settlement	p. 87
Medicare-Medicaid Reimbursement	p. 87
Case Studies	p. 88
Managing the Interaction with Government Officials
Appendices
State Elder-Care or Long-Term Care Contacts for Problems	p. 91
Evaluation of Possible Abuse Claims	p. 95
Elder Self-Neglect: Adult Protective Services Checklist	p. 97
Home Frauds Protection Checklist	p. 99
Glossary	p. 101
Bibliography	p. 105
Table of Contents provided by Ingram. All Rights Reserved.

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How to Protect Elders from Harm

0195381742

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