Las negligencias médicas, o bien, mala praxis, ocurren frecuentemente y a nivel mundial. Aunque usted no lo crea, los países más desarrollados, con los mejores y más preparados médicos especialistas que, además, cuentan con la tecnología más avanzada para tratar a sus pacientes, no se encuentran exentos de cometer un error que podría costarle la vida. 

Si usted ha sufrido un accidente durante el trabajo, ha estado involucrado en un accidente de tránsito, se ha visto envuelto en un caso legal que haya implicado atención médica y, al ser atendido, cree que el médico procedió incorrectamente al tratar su enfermedad o lesión, debe ser consciente de lo que es un diagnóstico erróneo y cómo puede proceder ante este. 

En este artículo le explicaremos de qué trata el diagnóstico erróneo, le daremos algunos ejemplos y, más importante aún, le contaremos qué debe hacer si usted ha sido víctima de un diagnóstico de este tipo o bien, de una negligencia médica. 

¿Qué es un Diagnóstico Erróneo? 

Cuando se habla de un “diagnóstico erróneo” se hace referencia al diagnóstico que ha recibido un paciente, luego de ser tratado por un médico, o profesional en el área, que ha sido inexacto, inadecuado o inoportuno y que, en efecto, le ha traído sufrimiento. Esto ocurre paralelamente con la negligencia médica.

Se considera de esta forma ya que, todos los médicos se rigen bajo ciertas normas específicas, con el único fin de preservar la vida del paciente. Esto incluye pruebas y pasos a seguir que, de no respetarse, podrían llevar a recetar el medicamento incorrecto, a remitir al paciente a un especialista que no podrá ayudarle, a pasar por alto el verdadero diagnóstico y, en últimas instancias, a perder la vida. 

Tome en cuenta que, el hecho de no diagnosticar una enfermedad o lesión también se considera como un diagnóstico erróneo. 

¿Cómo saber si usted ha sido víctima de un Diagnóstico Erróneo?

Los médicos y especialistas también son seres humanos. Al igual que usted, pueden cometer pequeños errores o no recibir la respuesta esperada luego de un tratamiento y no por ello debe considerarse como un diagnóstico erróneo. 

Si luego de tomar en cuenta lo mencionado anteriormente usted considera que su médico ha procedido de forma incorrecta, ha omitido pruebas o no las ha interpretado adecuadamente, le ha causado dolores y sufrimiento, le ha hecho perder dinero o le ha ocasionado pérdidas innecesarias que, de no ser por su negligencia, no hubiesen ocurrido, es posible que usted sea una víctima. 

Sea consciente de que la negligencia puede provenir del hospital y no del médico directamente. Pongamos algunos casos para ejemplificar: si el material utilizado no estaba esterilizado, si el equipo médico estaba defectuoso o si el personal a cargo ha olvidado dar una ronda y esto le ha perjudicado directamente. 

Pero… ¿qué puede hacer usted? Esta es la pregunta más frecuente. Por suerte, si usted ha sido víctima de un diagnóstico erróneo, con la ayuda de un abogado especialista en estos casos, podrá hacer justicia y recibir la indemnización que le corresponde. Aquí le contamos los 3 pasos que usted debe seguir para que su caso sea un éxito rotundo. 

¿Qué debe hacer en caso de ser víctima de un Diagnóstico Erróneo?

Si la negligencia se ha producido por parte del hospital, o bien, por parte de un médico, usted no debe quedarse de brazos cruzados. Si su vida, o la vida de alguien que usted conoce está en riesgo, debe actuar de inmediato. En casos como este el tiempo vale oro y puede marcar la diferencia. 

1. Reúna todas las pruebas que estén a su alcance

Si usted tiene bajo su poder constancias médicas, récipes, radiografías, estudios, diagnósticos o cualquier documento físico que demuestre la negligencia médica de la que ha sido víctima, no la deseche. 

Archivar la mayor cantidad de información posible le permitirá a su abogado construir el caso y formular la demanda sobre una base sólida. Además, es vital para que otros médicos y especialistas puedan servir como testimonio del diagnóstico erróneo del que usted ha sido víctima. En este primer paso todo es válido y cualquier grano de arena cuenta. No desperdicie información por muy irrelevante que le parezca.

2. Contacte a un especialista y obtenga un diagnóstico definitivo

Una vez que haya recopilado todas las pruebas para demostrar que ha sido víctima de un diagnóstico erróneo, es momento de contactar a otro médico capaz de evaluar la información y, en efecto, confirmar que se ha cometido una mala praxis. 

Tome en cuenta que su nuevo médico deberá hacerle un nuevo diagnóstico donde se demuestren las enfermedades o lesiones causadas por el especialista anterior. Su nuevo diagnóstico debe servir como evidencia del incumplimiento de las normas que debe seguir un profesional de la salud. Ponga especial cuidado en este nuevo diagnóstico, después de todo, este será el definitivo y le servirá para formalizar su demanda. 

Por lo general, estos diagnósticos son costosos. Asegúrese de establecer un presupuesto y, de ser necesario, consulte con varios médicos sus honorarios para determinar cuál le conviene más a su bolsillo. No querrá quedarse sin un centavo. 

3. Busque a un representante legal y formalice su demanda 

El tiempo es un factor determinante al momento de hacer una demanda por negligencia médica. Según el estatuto de plazos, usted dispone de 2 años desde la fecha del acontecimiento para formalizar su demanda. En el caso de que usted supere los 2 años, consulte con su abogado para ver las opciones que estén a su alcance. 

Ahora bien, sabemos que no todos cuentan con un abogado de confianza bajo la manga y esto, sin duda alguna, es vital para ganar el caso y obtener la compensación merecida. 

La mayoría de los casos legales y demandas, especialmente las relacionadas con negligencias médicas, son complicadas y suponen estrés, frustración y agotamiento físico y psicológico para el demandante. De ahí la importancia de no contratar a un abogado cualquiera, usted se merece al mejor y al más comprometido con su caso si realmente desea tener éxito.

Para ello, cuenta con el abogado Scott Senft, quien con su experiencia se encargará de todo el proceso legal y se asegurará de que se haga justicia a la brevedad posible. ¡No hay tiempo que perder!

When we put our elderly loved ones into a nursing home, we expect them to be treated with the utmost care and respect. We expect them to be comfortable, have all their needs met, and to have their remaining years be the best they can be. So when our elderly loved one becomes the victim of nursing home abuse, we are filled with a mixture of emotions- Anger, betrayal, fear, guilt, hurt, worry, and many other emotions.

So with all those emotions running through us and knowing the horror our loved ones face, it’s only natural that we want to get justice for them. This means filing a claim for elder abuse in nursing homes. But how do we go about proving they have been abused? How do we get the evidence we need? And how do we find the right lawyer to help us get the compensation our loved one deserves? All those questions and more will be answered.

Identifying the Abuse

There are five different types of abuse in nursing homes that can happen to your loved one. Those types of abuse are- Elderly abandonment, Emotional or Psychological Abuse, Neglect, Physical Abuse, and Sexual Abuse. For more information on these types of abuse and how to recognize the signs and symptoms of them, here is an article to help you identify which form of abuse they have suffered from.

How to Gather Evidence for Your Case

The moment you suspect that your elderly loved one is being abused, begin taking notes of any changes you notice in them. If your normally cheerful and talkative grandmother has now become angry and silent, make a note of when that difference started occurring. Behavioral changes are a red flag that abuse has started, so noting the difference in behavior is your first form of proof in building your case.

Every time you visit your loved one, get the information of everyone who is working during your visit. This includes their name, title, and any other information that might be relevant to building up evidence. If someone new has been assigned to care for your loved one, or if any staff members are new hires, make sure to keep a close eye on them when you visit. If the abuse started around the time they were hired or assigned to your loved one, there is a good chance they might be the abuser.

To go along with this, talking to the staff members you encounter can lead to evidence as well. Don’t hesitate to record your conversations with them, especially if they are quick to cover up, downplay, or dismiss your concerns for your loved one. This is normally a sign that they know about the abuse and want to keep it under wraps. So record those conversations and keep a watchful eye when you visit.

Other things you can do are speak to others who are visiting their loved ones and see if they notice any changes to their behavior. If they have made similar observations or heard similar complaints from their loved one, get their name, contact information, and a written statement if they are willing to provide one. Also, taking photographs and videos can help back up your loved one’s claim. If they are claiming physical abuse, take photos of their bruises, bed restraints, or anything else that might have contributed to their physical abuse. By having the photos to back up their claim, you are only strengthening your claim.

The most important thing you can do is listen to what your loved one has to say. It’s easy for people to dismiss an older person’s words as senile ravings, but dismiss what they have to say. Every concern, comment, complaint, or remark your loved one makes, take it seriously and listen to them. Not only is this evidence, but it also shows your loved one that you’re on their side and believe them when no one else does.

If you notice your loved one is suffering from abuse, get them out of the nursing home as soon as possible. Call 911 and ask for an ambulance and the police. Call your loved one’s primary care provider so they can look over your loved one and offer their professional opinion on the injuries your loved one sustained. Report the nursing home to your State Adult Protective Services Office with the following information:

• The incident date
• Name of the person(s) involved
• Names and addresses of any witnesses
• Description of harm done
• How the nursing home responded

By doing everything listed above, you are building a strong case for your claim, putting you one step closer to getting the justice and compensation your loved one deserves.

Contacting a Lawyer

After you identify which form of abuse your elderly loved one experienced and have gathered the evidence needed, it’s time to contact a lawyer. For this, you will want to find a lawyer who specializes in nursing home abuse cases as they will know how to proceed with your claim. With their help, you will be able to determine whether your case is a civil one or a criminal one. They will also be able to assess whether you have sufficient evidence for the “burden of proof” that unlawful abuse took place in whichever form you’re claiming.

Remember- The lawyer’s role is to fairly represent their client’s (the plaintiff) best interests while respecting the legal rights of (the defendant) the nursing home. After all, even though they want to help you prove your claim is truthful, they have to work within the law. So when looking into your case, they must stay within the law to prove these facts:

• The nursing home knowingly and willingly entered into a binding legal contract to provide a “duty of care” to your loved one (the victim).
• The nursing home failed to hold up its end of the contract by neglecting or causing intentional harm to the victim.
• The case evidence and facts gathered prove “on a balance of probabilities” that the abuse you’re claiming is relevant to the proceedings of this case.

Once the lawyer gets all of this information together, it’s time to go ahead with the claim.

What Can I Expect from the Case Process?

A nursing home abuse lawsuit is no different than any other civil lawsuit, so it will follow the typical process of a civil lawsuit. This means before the process even starts, your lawyer will have a discussion with you (the plaintiff). This is done so all evidence that is disclosed is relevant to the case and honest. And once the lawsuit commences, these four steps will happen:

1. Pre-Lawsuit Investigation
2. Discovery
3. Trial Preparation
4. Trial and Appeal

There is a possibility that during these four steps a settlement will be reached, meaning the case won’t make it to trial. 95% of nursing home abuse cases never make it to court, but that is entirely dependent on whether both parties are cooperative. On occasion, cases will make it to the courtroom and can take anywhere from several months up to two years. Rarely do cases go on for longer than two years unless a large sum of money is involved.

If you or a loved one has been the victim of nursing home abuse or nursing home neglect and need an experienced lawyer, call Scott Senft today! With his years of legal experience, he can advise and guide you through your case and help you win! Call today for a free consultation.

In the older years of our life, we aren’t able to do things like we used to. Even the simple task of getting up and getting a drink of water can exhaust an elderly person. With a need for constant help, an elderly person might consider living in a nursing home where they will have around the clock care. This means our loved ones will no longer be at risk for missing their daily medication, exhausting themselves going to a fridge, and should overall have a comfortable remainder of their life.

But sadly, this is always the case. Some of the people we trust with our beloved elders might not give them the care they deserve. In fact, the statistics are horrifying to look at. When 2,000 nursing home residents were interviewed, 44 percent of them said they have been abused. To make this even worse, 95 percent had experienced neglect or seen another resident being neglected. To see these statistics and know our loved ones might not be getting cared for properly is heart-wrenching.

So what type of abuse might our elderly loved one face in a nursing home? And what are the ways we can identify it? Keep reading to find out!

Types of Abuse in Nursing Homes

There are five types of abuse an elderly resident might face in a nursing home. Knowing which abuse your elderly loved one suffered will help a lawyer know what type of claim to file and how much compensation should be asked for. Here are the seven types of abuse and ways to identify them.

Physical Abuse

The National Center on Elder Abuse defines physical abuse of the elderly as “Using some type of physical force on an elderly person that can be expected to cause bodily harm, ongoing impairment, or physical pain. This may include striking the individual with the hands or an object.”

This could also include beating, biting, burning, kicking, pushing, shaking, shoving or slapping the resident. Physical punishment, force-feeding the resident, use of physical restraints, and inappropriate drug usage can also fall under physical abuse.

The symptoms and signs of physical abuse are as follows:

• Broken bones
• Broken eyeglasses
• Bruising
• Dislocations
• Evidence of improper medication usage
• Evidence of restraining devices
• Internal injuries or bleeding
• Lacerations
• Open wounds
• The resident reports being mistreated or physically abused
• Refusal to let visitors see the senior alone
• Skull fractures
• Sprains
• Sudden changes in your loved one’s behavior or personality
• Unexplained cuts or marks
• Welts

If you notice any of this when visiting your elderly loved one, then you have a case of physical abuse on your hands.

Sexual Abuse

It’s horrifying to think that our elderly loved ones might be getting sexually abused by a nursing employee, but it does happen. Sexual abuse is when someone has non-consensual sex or any type of sexual contact with the other party. In the case of elderly sexual abuse, it might include- Coerced nudity, intercourse, photographing the resident while they are naked, sexual assault, sodomy, and unwanted touching.

The symptoms and signs of sexual abuse are as follows:

• A report by the elder that they are being sexually abused
• Bleeding from the anus or vagina
• Bruises on the breasts or genitals
• Underwear that is stained, bloody or torn
• Unexplained genital infections
• Unexplained STDs

If you notice any of this when visiting your elderly loved one, then you have a case of sexual abuse on your hands.

Emotional or Psychological Abuse

Emotional or psychological abuse can be just as damaging as physical or sexual abuse. Where the marks of physical abuse eventually heal over time, the emotional and psychological damage never fully heal. This type of abuse can include- Engaging in verbal assault, harassment, humiliation, intimidation, insults, and threats. This might also mean that the elder is being treated like a child and is “punished” from activities such as seeing their family and friends.

The symptoms and signs of emotional and physical abuse are as follows:

• A report from the elder indicating emotional maltreatment or verbal abuse
• The elder is exhibiting unusual behavior that mimics dementia
• The elder is expressing agitation or being emotionally upset
• The elder stops communicating and is unresponsive or withdrawn

If you notice any of this when visiting your elderly loved one, then you have a case of emotional and psychological abuse on your hands.

Neglect

Neglect is an abuse that has a wide range of ways it can occur. It is the failure or refusal to provide the elder with the necessities they need to live. This includes- Clothing, comfort, food, hygiene, medicine, personal safety, shelter, and water.

The symptoms and signs of negligence are as follows:

• A report by the elderly person of negligence
• Allowing the elder to live with hazardous conditions
• Allowing the elder to live in unsanitary living conditions
• Dehydration & Malnutrition
• Failure or refusal to give them their medication
• Failure in treating health issues
• Untreated bed sores & other wounds

If you notice any of this when visiting your elderly loved one, then you have a case of negligence on your hands.

Elderly Abandonment

Elderly abandonment is defined by The National Center on Elder Abuse as “Deserting the senior by someone who has responsibilities for caring for the individual, or who has custody over them.” In the case of a nursing home, it would be a nurse who is responsible for your elderly loved one.

The symptoms and signs of elderly abandonment are as follows:

• A report from the senior that they have been/ is being abandoned
• Deserting the senior at a public place
• Deserting the senior at a hospital or nursing facility

If you notice any of this when visiting your elderly loved one, then you have a case of elderly abandonment on your hands.

If your elderly loved one has been a victim of elderly abuse in a nursing home, then you are in need of a good lawyer to help you file your claim. Scott Senft is that lawyer, so call him today for your free consultation!

Words are one of the most powerful weapons we could ever wield. More powerful than any gun or knife, words have a way of impacting and scarring us for years. Words can be used to hurt someone or heal them in times of suffering. They can be used to inform the masses or used to spread false messages.

The terms slander, libel, and defamation are used interchangeably and often incorrectly. They are all tied together in a web made up of lies and false statements. Opinions are outside of that web, but it is important to know why they don’t belong with the others. So sit back and get ready for a definition lesson!

Opinion

Before we get to the other words, it is important to define what an opinion is. An opinion is a statement that can’t be proven as true or false as it is a basis of personal preference, not evidence.

For example, if a food blogger were to write a blog post saying that a restaurant sucks, that is their opinion. The restaurant can see that post and be upset by it, but they can’t take any legal action against that food blogger. Why? Because they stated something that cannot be proven as true or false. While that food blogger might not like their food, another food blogger might think they are the best restaurant in town. As everyone has different taste palettes, preferring different textures, tastes, and mixture of ingredients, personal preference cannot be accepted as true or false.

Opinions are not statements of fact, they are statements of personal preference. So stating that you do or do not like something based on your personal preferences cannot be proven as true or false by anyone else.

Slander

Slander is an untrue oral statement made by someone to a third party. A third party must be involved for a statement to be considered slanderous. Slander is a tort that is considered to be a civil wrong, so legal action can be taken against slanderous comments.

So continuing with the analogy of the food blogger and the restaurant, if the food blogger were to meet with the head chief of the restaurant and claim they found a cockroach in their food with one of their friends present, the comment would be slanderous. The food blogger might make this statement because they were unhappy with the quality of the food and service of the restaurant and hoping for a free meal. They might also do this so their words spread and people stop going to the restaurant as a result. In this example, the head chief can take legal action against the food blogger for slandering their restaurant.

Now if the food blogger were to make the cockroach claim with no one around except the head chief, then it would not be slanderous in nature. In this example, the head chief can’t take legal action against the food blogger. They can try to rectify the situation with a free meal and an apology or ban them from the restaurant. But without someone to hear the statement, then the head chief can’t do anything else.

Libel

Libel is a written statement that is untrue and damaging about the other party. It can also be considered libel if you post modified photos of someone that causes them emotional distress, personal humiliation, or damage to their reputation.

So back to the food blogger and the restaurant they didn’t like. As we stated above, the food blogger writing a post saying the restaurant sucks doesn’t allow for any legal action against them. But if the food blogger were to write a blog post saying that the restaurant is filthy, that they found a cockroach in their food, that their staff had dirty hands, or anything along those lines, then that is libel. These untrue statements could lead to people deciding not to eat at the restaurant anymore, meaning the restaurant will lose money and eventually have to close down. In this example, a libel lawsuit against the food blogger can be filed.

If the food blogger were to stick with their “This restaurant sucks opinion”, but post modified photos showing a cockroach in their food or using some lighting filters to make a worker look unwashed, then this is still libel. Though they are not making a libel statement, they are posting untrue photos that are damaging to the business. In this example, a libel suit can be filed against the food blogger.

Libel is the easiest one to prove as there is evidence of the words or photos for others to see. And in the case of the restaurant versus the food blogger, if the head chief can prove that the food blogger’s words and photos caused their restaurant to lose money, then they will win their case. The head chief can provide a monthly income report, a reservation book, or anything else that shows a decline in their restaurant’s income.

Defamation

Defamation is a term that encompasses both libel and slander, which are both forms of defamation. If someone is filing a defamation lawsuit against another party, that means the other party made a slanderous remark or posted a libel statement or photo for the masses to see, causing damage to their reputation. This damage to their reputation could be related to their business, their personal image, or their political image if they have one.

The thing to remember with defamation is that it has to be a false statement in order for the person to be defamed. A defamatory statement is based on false information. A  statement made as an opinion, or that has factual evidence supporting it, is not defamation even if the person’s reputation has been hurt. So if the food blogger were to write that they found a cockroach in their food and this has been a previous issue for the restaurant, then it is not defamation as long as they really did find a cockroach in their food.

Now some people think they can get around making a defamatory statement by saying “I think” or “In my opinion” in front of the statement, but that’s not true. If the food blogger writes “I think I found a cockroach in my food” or “In my opinion, that was a cockroach and not a crouton in my salad”, there is no real difference between the two. If the food blogger’s words are taken as truth by their readers and they boycott the restaurant as a result, then the food blogger has slandered the restaurant.

The line between defamation and free speech is a thin one. Because of this thin line, defamation claims can be complex and difficult to prove. In the case of the restaurant versus the food blogger, the restaurant must prove that the food blogger made a slanderous statement or published that statement which is untrue and caused damage to their reputation. However, if the food blogger can prove that their statement was true or opinionated, then their defense is absolute and the restaurant will lose the case. Defamation cases can be hard to win for this reason.  In a defamation suit the plaintiff must prove that  the other person made a defamatory statement that was not an opinion and that as a result their reputation or their company’s reputation was damaged.

Educating you on the differences of these words allows you to choose your words more carefully and avoid these legal issues. This education also allows you to know if you have been a victim of slander, libel, or defamation. If you have been a victim of slander, libel, or defamation, seek legal advice with an attorney or lawyer who has experience with these types of cases. Scott Senft is a lawyer with experience in these matters. So if you’ve been a victim of any of these, call 877-291-4878 and get your free consultation today.