Nursing home abuse and neglect is a growing problem in this country. Unfortunately, there are many different forms and causes of abuse, all of which are unacceptable and preventable. Sexual abuse is a disturbing problem happening too often in nursing homes and with in-home aides. Workers hired to care for this vulnerable population are taking advantage of the disabled and elderly.
Nursing Home Aide Sentenced to Seven Years in Prison
Last week in New York City, a mute female stroke victim took the stand in court to testify against the nursing home aide that sexually abused her in a Morningside Heights facility. With the help of an interpreter, the 61-year-old woman painstakingly spelled out her testimony by pointing to letters on a page while the interpreter read them aloud. The victim was considered completely dependent, partially paralyzed and unable to speak. The male nursing home aide was assigned to the midnight shift when he assaulted the disabled woman. He was caught abusing the victim by a nurse who came to the room after seeing her call light come on three different times.
Jose Ramos, 62, was sentenced to seven years in prison. His convictions include sex abuse, endangering the welfare of a vulnerable elderly person, and endangering the welfare of a physically disabled person. When Ramos is released from prison, he must register as a sex offender and serve ten years probation.
“The defendant preyed on a helpless victim,” said District Attorney Cyrus Vance Jr. “Rather than protecting the safety of the victim, he violated her in deplorable ways.”
It is not often that these horrible crimes of abuse get reported or perpetrators convicted because the victims are often extremely disabled or pass away during the investigation. This case shows that a victim’s disability does not have to prevent justice.
Nursing Home Abuse Lawyers in New Jersey and Philadelphia
If your loved one is currently a resident of a nursing home or care facility and you witness or suspect any form of inappropriate or abusive behavior from the staff, you must report it. If you feel uncomfortable reporting negligent or abusive care to the nursing home, 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.
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Sustained pressure occurs when the skin and tissue are compacted between the bone and an outer surface. Surfaces such as beds and wheel chairs are the most common. The pressure may over power the blood, flowing through the capillaries, preventing oxygen and nutrients from reaching the skin tissues. Bedsore attorneys believe that regions of the body that are not protected by fat or muscle tend to be at the greatest risk of bedsores caused by sustained pressure.
The lawsuit, filed by the estate of Ms. Farrell, charged the hospital and Dr. Shander with negligence, but a Superior Court jury found that neither was liable for any form of malpractice. Nearly three years later, the appellate court put a halt on the lower court’s ruling because the trial judge should have asked potential jurors if they had read a New York Times Article before the trial began. The article could have potentially swayed the emotions and prejudices of the jurors which could have led to an unfair influence on the verdict. 
Wheelchairs are a necessary means of mobility for many people worldwide. Although wheelchairs allow individuals to move freely from place to place, the extended period of time in the same position could lead to pressure ulcers. Those who rely on wheelchairs need to be weary of this potential. People who frequently use wheelchairs often suffer from pressure sores in a few sites in particular. The tailbone or buttocks, the shoulder blades and spine, and the backs of the legs and arms are common sites for bedsores to form. These areas of the body rest against the wheelchair for a prolonged period of time, creating a wound which slowly evolves through the bedsore stages.
As people age, their skin becomes thinner, less elastic, and much more fragile than their younger days. The skin will also seem to be much drier in people of increased age, making it difficult for skin to heal. It takes significantly longer for new skin cells to generate which is another reason that people who are older are more susceptible to skin damage.
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The legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.
Nursing homes and long-term care facilities have made modifications to prevent accidents and 
Persaud, a sworn juror in a medical malpractice civil trial, contacted the plaintiff and said that he had some important information about the defendant that was crucial to the lawsuit. Through a telephone conversation, Persaud spoke to the mother of the plaintiff and arranged to meet the plaintiff’s father at a local hardware store to discuss the information. The father immediately recognized the juror, who made assurances that he could sway the jury in the plaintiff’s favor in return for a five percent cut of the damages awarded. The family contacted the plaintiff’s medical malpractice attorney soon after the phone call and the news was promptly brought to the judge on Monday. The judge, in turn, contacted the DA’s Office and after a short investigation, the juror was arrested when he returned to court on Tuesday. If Persaud is convicted of all the charges that have been brought against him, he could face up to seven years in prison. Due to this gross misconduct on the behalf of the juror, medical malpractice attorneys fear that the plaintiff’s pursuit of a fair and impartial trial will be substantially delayed.