Sick and elderly citizens that depend on others for care are perhaps the most vulnerable of our population. Unfortunately, this populations is too often taken advantage of. Financial elder abuse is a prevalent form of abuse and something that occurs far too regularly. Seventy-eight year-old John H. “Herb” Friedlund has been arrested and faces charges of criminal mistreatment of 106 year old Frances Swan, in addition to first and second-degree theft. Friedlund is the former caretaker for Swan and has had power of attorney over her finances for the past ten years. He was arrested for neglect after Swan was found in her home in what can only be described as deplorable conditions: scattered dog feces, rotting food, firearms and ammunition. They found the elderly woman in a back room where the first words she said were “Please feed me. I haven’t eaten since yesterday.”
Friedlund was released on bail but was arrested again after signs of financial elder abuse were uncovered. According to Stevens County Deputy Prosecutor Lech Radzimski, “The investigation into the criminal mistreatment has revealed that there was financial exploitation and our office will be filing charges as a result of that investigation.”
Caretaker Wires Money Out of Elderly Woman’s Account
According to county records, Swan and her late husband, Severt Swan, sold land to Friedlund in 1985. The men became friendly with one another and Friedlund obtained power of attorney over Frances Swan’s finances in 2001. Authorities say that over $800,000 was removed from Swan’s account through a series of wire transfers to different individuals around the country and in Europe. Even though Friedlund had access to her accounts, under law he is bound to use those funds only for her benefit. Abusing the access is considered elder abuse. In addition to wiring the money, he also purchased a tractor, horse trailer, and other items that provided no benefit for Swan. Authorities have not yet decided whether to try the theft and mistreatment charges together or separately. Swan was removed from the home and is doing well at the Buena Vista nursing home in Colville, Washington.
Elder Abuse Lawyers in New Jersey and Philadelphia
It is very important that you monitor the finances of your elderly loved ones as theft and fraud are not rare forms of elder abuse. If your loved one is currently being taken advantage of financially, or if you believe that, as a resident of a care facility, they are being treated negligently or abusively, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
When a child is between the ages of six weeks and nine months, surgery is usually done to close the cleft lip. Additional surgery may also be necessary down the road if the cleft has a major effect on the nose and the surrounding area. If the cleft lip can be successfully closed by this initial surgery, it becomes much more likely that the child will have normal speech developments as the aging process continues. During the early months however, a prosthetic is sometimes inserted temporarily to close a baby’s palate to ensure that a baby can receive the proper food and nutrients. When a baby is able to take in the proper amount of nutrients, even with the cleft lip and cleft palate, lawyers say that growth and weight issues are not nearly as likely.
The doctors have been provided a sixty day window to edit and review their online profiles before they become accessible to the public. If doctors provide false information, and mislead potential healthcare consumers, lawyers believe that they will be subject to different forms of discipline. Other information that will be included in these profiles includes the medical schools they attended, specialty board certification, number of years in practice, location of practice, and whether or not the doctor participates in Medicaid.
Many parents are alarmed after their child’s surgery when new scars are red. During the healing process, the body re-routes blood vessles to the scar to bring an extra supply of blood, creating that red color. The red will progressively darken for about three months and will be raised off the skin and stiff to the touch. Eventually, the scar will fade, soften, and flatten. Ultimately, the scar should look like a soft, flat, white line.
Jawara Henry, a 27 year old autistic patient at the South Beach Psychiatric Center, a state run facility in New York, died after a supervisor tried to restrain him. Henry was “agitated and aggressive and was biting staff and other patients,” when Erik Stanley, 37, a supervisor for disabled adults at the Staten Island mental health facility held him in a wrongful restraint. Stanley allegedly applied excessive pressure to the neck and torso of Henry. According to a source, he placed the patient in a “chokehold,” forced him onto his stomach, and got on top of the patient while he was face down on the floor. Stanley did “not follow protocol nor use proper techniques while to trying to restrain” and used “excessive force.” The medical examiner determined that the cause of death was asphyxiation by neck and chest compression. Stanley was charged with criminally negligent homicide and endangering the welfare of an incompetent or physically disabled person. He pleaded not guilty and was released without bail.
The county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.
A certified nursing assistant at the Fieldston Lodge Care Center in the Bronx, New York was attempting to treat an elderly female resident on January 2, 2011 with incontinence care when the resident resisted. The certified nursing assistant then grabbed the woman’s arm and twisted, causing the bone to fracture. The nursing home did not document the incident in the daily report and did not perform an x-ray on the victim until the next morning.