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Nursing home negligence and abuse comes in many forms, including allowing a resident to conduct a behavior which should be considered dangerous in the resident’s condition.  

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The CMS (Centers for Medicare and Medicaid Services) instituted its final rule in September 2016 prohibiting nursing homes and long-term care facilities, accepting Medicare and Medicaid, from using mandatory pre-dispute binding arbitration agreements with their residents. This rule becomes effective November 28, 2016.  

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Each year more than 2 million Americans fall victim to some form of elder and/or adult abuse, which includes neglect and exploitation, according to the American Psychological Association (APA).  

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The National Center on Elder Abuse (NCEA) reports that 36 percent of the nation’s nursing homes have been in violation of the elderly abuse laws.  

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The screening of caregivers, including nursing homes and assisted living facilities, is important not only for the elderly but also for anyone needing special care. Nursing home abuse in Florida is a serious problem.  

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Traumatic brain injury (TBI) accounts for the disability of an estimated 5.3 million Americans with the highest rate of injury occurring between the ages of 15 and 24. Those under the age of 5 and over the age of 75 are also at high risk, according to the International Brain Injury Association (IBIA).      

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As individuals reach their golden years, some of them may face a number of issues and ailments that could force their loved ones to make a difficult decision with respect to their care for their remaining years. In the alternative, some elderly people make the decision for themselves to go into a nursing home. Regardless who makes the decision, Ft. Myers personal injury lawyer Randall Spivey knows firsthand the importance of ensuring that the elderly receives the best care possible after they...

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Nursing home patients deserve to be provided with reasonably professional and competent care.  Unfortunately, aides who work in nursing homes are often untrained and underpaid. Many different types of abuse and neglect can occur in a nursing home setting when staff members don't provide the care that patients deserve.  Ft. Myers personal injury attorneys like Randall Spivey can provide assistance to victims of abuse or neglect, or to family members of those killed in a nursing home due to...

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Arbitration clauses have become routine in nursing home admissions paperwork. Often, people enter nursing homes under stressful circumstances. The individual who enters the home or his or her family members may not take the time to read every word of every piece of paper they sign. As a result, the nursing home resident or his loved ones could end up signing away important legal rights, including the right to file a nursing home abuse lawsuit.  Ft Myers personal injury attorneys like Randall...

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During the holidays, many of us are travelling to share time with relatives and friends. With all the hustle and bustle this time brings, it is important to remember our loved ones and friends in nursing, or assisted living, homes. Not only could this be a depressing time for them since they are separated from their normal routines, the care they receive with staff changing shifts and taking time off may not be of the highest quality.  

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