what to ask a lawyer regarding elderly falls

What should I consider when hiring an elder law attorney?

One of the purposes of the initial consultation is to discuss the details of the client’s slip and fall by asking some basic questions about the accident. This meeting helps us to decide whether we should represent the client and, if so, evaluate the strength of their case. These questions we ask are based upon our years of experience in handling ...

When to take an older person to the doctor for falls?

assessment of safe height for beds, chairs, and toilets. positioning of grab bars and rails, and. installation of cushioned surfaces. If the care facility or one of its employees acted negligently, or failed to take reasonable steps to prevent a fall from occurring, that can lead to liability.

How do I evaluate an older person after a fall?

Dec 18, 2020 · Incident Report: Ask the store owner or manager to complete a store incident report and give you a copy. The manager may not have the authority to give you a copy but should give a copy to the store’s insurance company. Insurance Information: Ask for the insurance company’s name and contact information or confirm the company will contact you. Provide …

What to do after an aging person falls?

May 17, 2021 · Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner. Here are some questions you should ask: How long have you been practicing law? What percentage of your time is devoted to elder law? Do you have a particular emphasis on a certain area within elder law?

What is the most common injury for a fall in an elderly?

Fall-related Injuries In general, fractures are the most common serious injury resulting from falls in older persons. Specifically, fractures of the hip, wrist, humerus, and pelvis in this age group result from the combined effects of falls, osteoporosis, and other factors that increase susceptibility to injury.

What to check if an elderly person falls?

8 Things the Doctors Should Check After a FallAn assessment for underlying new illness. ... A blood pressure and pulse reading when sitting, and when standing. ... Blood tests. ... Medications review. ... Gait and balance. ... Vitamin D level. ... Evaluation for underlying heart conditions or neurological conditions.More items...

What to do if an elderly patient falls?

Keep them calm and lying down until help arrives. If there are no obvious signs of injury, offer to assist the person in getting back on their feet. It's important that you only assist and not try to do it for them. Encourage them to take their time getting up gradually and carefully.

What makes falls a serious concern for the elderly?

What makes falls a serious concern for the elderly? Falls commonly are fatal. Falls can cause osteoporosis. Falls often lead a person to walk less.

How long do seniors live after a fall?

According to Cheng, “An 80 year old often can't tolerate and recover from trauma like a 20 year old.” Cheng's team found that approximately 4.5 percent of elderly patients (70 years and above) died following a ground-level fall, compared to 1.5 percent of non-elderly patients.Nov 1, 2010

What is Post fall syndrome?

Post Fall Syndrome or Psychomotor Regression Syndrome (PRS) is defined as: “Decompensation of the systems and mechanisms implicated in postural and walking automatisms (Mourey, 2009)” It appears either insidiously due to an increase of frailty or either brutally after a trauma (fall) or an operation.Aug 31, 2016

What are the most serious consequences of a fall?

The most serious consequences of a fall are severe injuries, the risk of fall-related anxiety, and financial instability due to medical bills and lost wages.

Can't get up after falling?

About 35 percent of people over age 65 fall in their homes at least once each year. That figure increases to 50 percent for those ages 75 and over.

What are the three types of falls?

Falls can be classified into three types:Physiological (anticipated). Most in-hospital falls belong to this category. ... Physiological (unanticipated). ... Accidental.

What are three psychological effects of a fall on an older person?

Falls can cause adverse psychological impact on carees, increased fear of falling again, decreased self-efficacy, and confidence in balance [5].Oct 26, 2018

What should a falls assessment include?

1.1. identification of falls history. assessment of gait, balance and mobility, and muscle weakness. assessment of osteoporosis risk. assessment of the older person's perceived functional ability and fear relating to falling.Jun 12, 2013

Which condition is the most important predictor for falls?

A history of falls is associated with increased risk (22,25,34). Age: the incidence of falls increases with age (39,40). Gender: for the younger old, fall rates for men and women are similar, but among the older old, women fall more often than men (39,40), and are far more likely to incur fractures when they fall.

How to prove that the owner is negligent?

To prove the owner was negligent and liable for your injuries, you’ll need to show: A dangerous condition caused your injuries. The owner knew of the dangerous condition or should have known. The owner failed to eliminate or repair the dangerous condition. You didn’t do anything to contribute to your injury.

How to collect evidence for a car accident?

Here’s how to collect the evidence you need: Prompt Medical Attention: Ask for medical help or call 911 if the injury is serious enough. Go to your doctor as soon as possible after the accident to document and link your injury to the dangerous condition. Delaying medical attention for your injury can tank your claim.

What did the claim adjuster ask John to send to the insurance company?

The claim adjuster asked him to send copies of his photographs, medical bills, written statements from Sam and Sally, and any other proof of his damages. John took all the necessary steps to prove the store was negligent and establish the scope of his injuries. The insurance company accepted his injury claim.

What is a hard injury claim?

Hard injuries are high-dollar claims.

Can an attorney boost your pay?

When an Attorney Will Boost Your Payout. Hiring an attorney depends on the extent of your injury. Most injuries suffered at retail stores are minor, soft tissue injuries like bumps, cuts, scrapes, bruises, and sprained tendons, ligaments, and muscles.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

Do elder law attorneys specialize in every area of law?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.

How to prevent elderly from falling?

Why? Because when you understanding the specific reasons an older person may be falling, you’ll then be able to: 1 Identify which fall prevention strategies are most likely to help the person you worry about, 2 Recognize risky situations, and take steps to avoid them, 3 Know which medical conditions — and which medications — to ask your doctors to look into, 4 Understand what may have caused a specific fall, which can help you avoid future falls.

What does it mean when someone falls in older people?

Falls in older people are almost always “ multifactorial .”. This means there are usually several factors that are contributing to a fall, or to a person’s fall risk. It can be hard to try to address every single factor. And some, such as slower reflexes, may be impossible to reverse.

How to avoid falling?

Identify which fall prevention strategies are most likely to help the person you worry about, Recognize risky situations, and take steps to avoid them, Know which medical conditions — and which medications — to ask your doctors to look into, Understand what may have caused a specific fall, which can help you avoid future falls. ...

Why do older adults fall?

Take the next step: create a personalized fall prevention plan. Remember, older adults usually fall because a) multiple risk factors make them vulnerable to falling, and b) a stumble or moment of weakness triggers the actual fall. Most fall risk factors are health-based, and are related to chronic medical conditions or medications.

How many falls are dangerous for older adults?

Most people know that falls are dangerous for older adults. The Center for Disease Control (CDC) reports that one in five falls causes a serious injury such as a broken bone or head injury.

What happens if you stumble 20 years old?

And if that 20-year-old happens to be tipsy, it will take even less of a trigger to provoke a fall.

Can seniors prevent falls?

So, many seniors and family caregivers are interested in fall prevention because the risks are so great. And the good news is that although it’ s not possible to prevent all falls, it almost always IS possible to take actions that will reduce the chance of a bad fall. If you want to learn more, you’re in the right place.

How to prevent falling?

What You Can Do to Prevent Falls. Falls can be prevented. These are some simple things you can do to keep yourself from falling. Talk to Your Doctor. Ask your doctor or healthcare provider to evaluate your risk for falling and talk with them about specific things you can do.

What are the factors that can be changed to help prevent falls?

Many risk factors can be changed or modified to help prevent falls. They include: Lower body weakness. Vitamin D deficiency (that is, not enough vitamin D in your system) Difficulties with walking and balance. Use of medicines, such as tranquilizers, sedatives, or antidepressants.

What are the causes of falls?

broken or uneven steps, and. throw rugs or clutter that can be tripped over. Most falls are caused by a combination of risk factors. The more risk factors a person has, the greater their chances of falling. Healthcare providers can help cut down a person’s risk by reducing the fall risk factors listed above.

How many older people fall each year?

Facts About Falls. Each year, millions of older people—those 65 and older—fall. In fact, more than one out of four older people falls each year, 1 but less than half tell their doctor. 2 Falling once doubles your chances of falling again. 3.

What percentage of hip fractures are caused by falling?

More than 95% of hip fractures are caused by falling, 8 usually by falling sideways. 9. Falls are the most common cause of traumatic brain injuries (TBI). 10. In 2015, the total medical costs for falls totaled more than $50 billion. 11 Medicare and Medicaid shouldered 75% of these costs.

Can a fall cause a broken bone?

Many falls do not cause injuries. But one out of five falls does cause a serious injury such as a broken bone or a head injury. 4,5 These injuries can make it hard for a person to get around, do everyday activities, or live on their own. Falls can cause broken bones, like wrist, arm, ankle, and hip fractures. Falls can cause head injuries.

Can a fall cause a head injury?

Falls can cause head injuries. These can be very serious, especially if the person is taking certain medicines (like blood thinners). An older person who falls and hits their head should see their doctor right away to make sure they don’t have a brain injury.

What to do after a fall?

3. Blood tests. Checking an older person’s blood tests is often a good idea after a fall. Falls can be worsened by problems with an older person’s blood count, or by things like blood sodium getting too high or too low.

What to do if gait and balance don't seem to be fine?

Simple things to do, if gait and balance don’t seem completely fine, are: Address any pain or discomfort, if that seems to be a cause of problems. Many older people are reacting to pain in their feet, joints, or back.

Why do you need a medical visit after a fall?

All too often, a medical visit after a fall is main ly about addressing any injuries that the older person may have suffered. Obviously, this is very important!

Why do older people fall?

For instance, an older person can be weakened and fall because of illnesses such as dehydration, or a serious urinary tract infection. Older adults who have fallen are at higher risk for a future fall.

Can older adults take blood pressure medication?

Blood pressure and diabetes medications. As noted above, it’s not unusual for older adults to be “over-treated” for these conditions, meaning they are taking a level of medication that causes the blood pressure (or blood sugar) be lower than is really necessary for ideal health. “Anticholinergic” medications.

Does primary care have an answering service?

Primary care offices usually have an answering service 24/7 , and often can connect you to an advice nurse or doctor. Malnutrition is indeed common in older adults but before figuring out what/how to feed her, you must get help understanding what is the cause of her symptoms and decline. Reply.

What is required to receive a follow up call from a lawyer?

Fullname is required. A valid email address is required. Receive a follow-up from lawyers after your question is answered. Text Call. A valid phone number is required. Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field)

What to do if your child is raped?

If your child was raped, you may be able to file a lawsuit against a party or parties that both Perpetrated the assault, as well as who may have been negligent in allowing that assault to happen. You should discuss your Daughters case with counsel in your jurisdiction to investigate the possibility of bringing a civil action against the perpetrator and/or other culpable... Read More

What happens if my wife doesn't have a will?

If she did not have a will, then the property will depending upon the circumstances pass to those heirs named in the Texas statutes on Intestacy. Hire a lawyer. If your wife had a will that left everything to you then you need to probate it. If she did not have a will, then the property will...

Can you be stuck with a property that was passed to four beneficiaries?

It depends somewhat on how the property was bequeathed. If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale). If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be... Read More

Do you get the home if you pass away?

When you say would she get the home, do you mean if you pass away? Since this is posted under Wills and Probate, I will answer with those facts. In short, it depends on what the title says. If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away . If she is on the deed and there are no survivorship... Read More

What is the inability to sign a document?

The inability to sign documents (what is usually known in the law as “incompetence” or, sometimes, “incapacity”) is a factual issue. In order to know whether a person is competent to sign, say, a power of attorney or a will, one must know what understanding the signer had at the time.

How old was the woman who signed a will in Arizona?

Arizona’s Supreme Court most recently reviewed testamentary capacity in 1973. In that case the Court described the woman who signed a will as: “94 years old at the time she executed her will. She had very poor eyesight and was deaf in one ear and partially deaf in the other.