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Hemminger Personal Injury Law Firm | Des Moines Iowa
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  • Attorney Profiles
    • John T. Hemminger
    • Greg A. Egbers
    • Samuel Aden
    • James R. Colwell
  • Firm Overview
  • Personal Injury Practice Areas
    • Workers' Compensation
      • Workers' Compensation Overview
      • Construction and Trade Injuries
      • Factory Injury Attorney
      • Fatal Workplace Accidents
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      • Negligence in the Nursing Home
      • Nursing Home Injuries FAQs
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      • Proving Damages in Nursing Home Abuse
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Financial Exploitation of the Elderly a Growing Problem

4/30/2017

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The financial exploitation of the elderly is growing problem and raising awareness is important to protect family members who are vulnerable to this crime.

Renewed measures against illegal or improper use of senior’s money, property or assets are being considered in many states across the nation. Fraud prevention, including identity theft, are part of the conversation.

A handful of states have strengthened their existing laws to punish those who prey on the elderly. For example, Idaho recently revised its definition of neglect of vulnerable adults to include financial exploitation and Illinois extended its statute of limitations from 3 to 7 years to prosecute those who take financial advantage of a senior.

Despite various efforts, however, financial exploitation is routinely overlooked and underreported and, as the number of older, wealthier people grows, so does the number of people eager to prey on them.

While states ramp up to address the problem, the federal government has made strides of its own to combat the issue.
  • The Federal 2010 Elder Justice Act not only seeks to raise awareness, but is encouraging more people to report and take legal action against the misuse of the elderly’s money.
  • The Justice Department has trained prosecutors to handle cases of abuse of older people and has provided nationwide training to law enforcement to thwart would-be thieves.
  • On the consumer end, since many elderly people still frequent the bank, the Consumer Financial Protection Bureau has provided tips for bank tellers to spot suspicious activity.

So many elderly people either live independently or in nursing home facilities, where they may come in contact with a bad apple intent on financial wrong doing. As family members, we can help by recognizing danger signs, which can include the disappearance of large funds or assets, changes in wills deeds and power of attorney, large or frequent withdrawals of money from accounts or an inability to pay bills.

Regularly talking to your elderly family member about their finances may help you determine if someone is exploiting them. If you suspect your elderly family member is a victim of financial abuse, it is important to alert authorities to protect their well-being.

If you or a family member has suffered neglect or abuse in an Iowa nursing home facility, including financial exploitation, contact the Law Offices of John T. Hemminger for help today at 515-283-2116.
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Iowa Nursing Home Fall Injury

4/25/2017

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One of the most common injuries in long-term care facilities are falls. A nursing home is responsible for making a safe environment for all patients but, unfortunately, many times this responsibility is overlooked.

It is a major misconception that falls are just a normal part of aging. Instead, falls are often an early sign of illness or stem from hazardous environmental conditions, which slip under the radar of an untrained or irresponsible staff.

Falls can result in fractures of the femur, hip, humerus, wrist, ribs or a subdural hematoma in cases where an elderly nursing home resident strikes their head in a fall.  Unfortunately, many injuries can lead to hospitalization where seniors run the risk of immobility complications or iatrogenic illnesses, increasing their risk for long term institutionalization or even death.

Underscoring the seriousness of a fall, a recent finding indicates that the mortality rate in older adults increases 5 to 8 times three months after a hip fracture, with the risk persisting over time. To keep our elderly family members safe and healthy in a nursing home facility, fall prevention must be a top priority.
To prevent falls, nursing home staff must be alert to medical conditions that may contribute to a fall and take protective measures to ensure the safety of those in their care. Falls may result in residents who experience orthostatic hypotension or who experience bouts of dizziness. Other causes may relate to the effects of prescription drugs residents are taking.

Staff should know the medical status of each resident and what prescriptions they may be on to determine if these factors may contribute to a fall. Staff should routinely ask residents to self-assess their abilities and perform fall risk assessments such as a Timed Get Up and Go (or TUG) to determine if there is a risk for falls.

To limit environmental factors that may cause a fall, nursing homes should ensure the availability of grab bars, provide adequate lighting, provide warnings of fall hazards such as slippery floors or uneven surfaces and avoid using throw rugs, cords or other objects that a resident can trip on. Staff should have training in fall risk reduction techniques to help to protect seniors in their care.

If your family member has been injured in a fall at a nursing home facility, they may be at risk for complications stemming from the fall or be at risk for future falls due to the negligence of the staff. Contact Des Moines nursing home neglect and abuse lawyer John T. Hemminger for help if your family member has been hurt in a nursing home setting. We will hold the facility accountable to prevent future incidences of negligence and seek compensation for your loved one’s injuries. Call today at 515-283-2116.
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Sepsis Infections in Nursing Homes

4/20/2017

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Sepsis is a serious medical condition, which is most common in elderly individuals. It is characterized by inflammation that spreads throughout the body in response to an infection, which can damage the body systems and sometimes result in death.

Preventing infections, or treating them effectively, is the first line of defense against sepsis. Properly caring for wounds or surgical sites and promptly treating respiratory, kidney or other infections can reduce the chance of developing this dangerous condition. If sepsis does develop, early detection and treatment, especially in elderly patients, is critical to an individual’s survival.

Unfortunately, nursing home negligence may lead to an elderly resident succumbing to an infection. Failure to treat an infection promptly and properly, such as a infected bedsore or respiratory illness, may put your family member at risk for developing sepsis.

If you believe that your loved one has suffered from sepsis due to the negligence of nursing home staff, it is important to contact an experienced nursing home neglect lawyer to hold the nursing home accountable. Contact the Des Moines nursing neglect lawyers of John T. Hemminger for help if your family member has been a victim of a negligent nursing home.
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Des Moines Motorcycle Accident Lawyer Advises Caution

4/14/2017

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As central Iowa welcomes warmer temperatures, many motorcyclists have taken to the roads to enjoy the newly green landscape and the emerging spring blooms. However, caution is advised when heading out for the first ride of 2017. After the long absence of riders during the winter months, many motorists simply do not see motorcycles, which is the cause of many car and motorcycle accidents.

Why doesn’t the average driver see a motorcyclist? First of all, drivers do not expect to see motorcycles especially after riders have been off the roads for several months. Even after the season is up and running, motorists tend to look for other cars and trucks when navigating the roads, missing motorcycles that are smaller and harder to see.

Iowa Distracted Driving Car Accident

Add to that, the modern day distractions of texting, emailing or checking in on social media that many motorists engage in while driving, and motorcycles run a higher risk of being struck by a motorist.

Because riders lack the protection of an enclosed vehicle, they are more likely to be injured or killed in a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, 88,0000 motorcyclists were injured in motorcycle crashes and nearly five thousand people died, an 8.3 percent increase over the previous year.

The Leading Causes of Motorcycle Accidents

The most common motorcycle accident occurs when a car turns left in front of a motorcycle at an intersection. It may be a matter of inattention, distraction, blind spots or ‘they just don’t see you’. Other common accidents that can result in a rider injury are being struck from behind, cars changing lanes into a motorcycle and even opening a car door in the path of a rider – all of which can lead to an injury accident.

Of course as a motorcycle enthusiast, it is important to take a motorcycle safety course, which will alert you to the possibilities and provide ways to avoid an accident. Adding the right gear such as protective and easily seen clothing is essential too.

Even when motorcycle riders take all the precautions, they may still come up against a negligent motorist who may not be paying attention or going too fast, which can cost a motorcyclist’s life or health. In fact, motorcycle accidents are rarely the motorcyclist’s fault so motorists should make a conscious effort to ‘see motorcycles’ to avoid a collision.

Contact a Des Moines Iowa Motorcycle Accident Lawyer

If you or a family member is injured in an Iowa Motorcycle Accident, contact the Iowa personal injury Law Offices of John T. Hemminger. Our attorneys have successfully represented many motorcycle accident victims and their families in personal injury and wrongful death claims and we welcome the opportunity to help you. Call or email us at 515-283-2116.
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