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Dallas Legal Issues Blog

What should you know before you have surgery?

If you are going in for surgery, it means you have a medical need, and operating may be the only way to effectively resolve the issue or mitigate the consequences. Any type of surgical procedure is a major event, and if something goes wrong, it has the potential to have devastating consequences on your life. This is why it's important to ask certain questions and prepare well for the procedure.

Your Texas doctor owes you a certain duty of care when you are preparing for surgery, during the procedure and after it's complete. Failure to provide care that meets a certain standard could result in complications for you, including the potential for additional pain and suffering, infection, prolonged hospital stays and more. If you believe that a surgical error, lack of information or poor post-operative care caused you harm, you could have grounds for a malpractice claim.

Types of financial abuse to which elderly are most susceptible

Sadly, some people will lie, cheat and/or steal in order to make money they didn't earn. They perpetrate scams, steal people's identities and more for financial gain. Even as technology and criminals become more sophisticated, some forms of financial abuse continue to work, especially on the elderly.

Anyone can unwittingly become the victim of a swindle or other financial fraud, but it is the elderly population of the country, including many here in Dallas, who end up the most susceptible to it. The last thing you want is for your aging loved one to become the victim of financial abuse. You may want to know what some of the most common types of financial abuse are in order to protect your loved one.

3 factors that could put your loved one at risk of elder fraud

Having an elderly loved one can mean that younger people need to take on a caretaker role. In many cases, elderly individuals still have the physical and mental capacity to live the majority of their daily lives without assistance. However, you may have an elderly loved one showing signs of mental decline or who is otherwise in a vulnerable state, especially to falling victim to fraudulent scams.

Unfortunately, many unscrupulous parties prey on elderly people for financial gain. Elder fraud is a serious issue, and many older individuals may simply not realize when they are being told false information or when someone is impersonating an authority figure. Are you worried that your loved one has or could become a victim of elder fraud?

The challenge of pressure ulcers

After a few days lying in bed with a cold or flu, your body may start to ache, and your skin may feel sore. It may take only a few hours of getting up and moving around before you start to feel better.

Unfortunately, many elderly people in nursing homes do not have the luxury of getting themselves out of bed to move around. They may lie for days or weeks in the same position or sit in a wheelchair from morning until night. Because of this, they may develop pressure ulcers, also known as bedsores. If your loved one suffered from pressure ulcers a nursing home staff member failed to notice or treat, you may have many questions that demand answers.

Nursing homes use questionable method to prevent falls

Growing older often means losing strength and agility, sometimes to the point where it is difficult to stand or walk without assistance. Medical conditions may cause one to feel off balance, and certain medications may result in dizzy spells. Any of these or other conditions can lead to falls that may result in serious injuries.

If you have a loved one who is under the care of a Texas nursing home staff, you might expect the staff to be aware of the conditions that make your loved one susceptible to falls. What you may not realize is how some nursing homes deal with fall risks.

Watch out for these contractor scams used on seniors

Medical science now lets people live longer than at any point in recent history. This means that a large segment of the population is now over the age of 65. In fact, the average age in this country continues to rise as baby boomers become grandparents and great grandparents.

The fact that people are living longer also seems to give unscrupulous contractors a larger pool of victims. You may admire your elderly parent for maintaining his or her independence, but your parent is also vulnerable to scams perpetrated by people who would take advantage of them.

Issues to keep in mind regarding medical malpractice claims

Did you seek medical treatment in Texas only to wind up in worse condition than you were in beforehand? Do you suspect that a licensed medical worker's negligence was a direct cause of injury or illness to you or one of your loved ones? Perhaps, you believe you have grounds for filing a medical malpractice lawsuit against one or more people who were involved in your or your family member's care.

It is critical that you understand the basic concepts of filing a personal injury claim, which is a broader category of law under which medical malpractice falls. In short, just because something did not turn out as you'd hoped during or after medical treatment, surgery or after taking medication, etc., this doesn't necessarily mean you have grounds for filing a medical malpractice claim.

Guardianship may keep your loved one safe when Alzheimer's hits

One of the most devastating diagnoses a child may hear about a parent is Alzheimer's disease. This progressive form of dementia can quickly rob a once robust parent of the simplest capacities. It may also alter the victim's personality, forcing family and friends to watch helplessly as the person they loved slips away.

However, this feeling of helplessness does not have to mean the parent has no one to protect him or her. In fact, if your parent does not have a power of attorney in place, you may decide the time is right to seek legal guardianship so you will have the authority to make sound medical, financial and legal decisions for him or her.

Driving at night requires hightened attention and more

You could drive the same roads every day, but they look different during the day than they do at night. You may know enough about the road to think you could drive it blindfolded, but that doesn't mean that you don't need to pay extra attention after the sun goes down.

Like other parts of the country, many of the accidents that happen here in Dallas happen at night. Understanding why could help you avoid a collision.

Are you concerned about a trustee acting inappropriately?

Acting as a trustee is a major responsibility. You may not hold this position yourself, but you are the beneficiary of a trust. Your loved one may have protected assets for you to receive later by utilizing this planning tool, and now the trustee is in charge of following the instructions your loved one left behind.

Because the trustee manages the trust, you likely have to communicate with him or her if you have questions or concerns. Of course, getting in touch with the trustee may prove difficult at times, especially if the trust has multiple beneficiaries who make requests. Still, if your requests for information or other actions go unanswered for too long, you may understandably worry that the trustee is not handling his or her duties appropriately.

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Law Offices of Brian H. Fant, P.C.
8350 N. Central Expwy.
Suite 1310
Dallas, TX 75206

Phone: 214-267-8902
Fax: 214-265-5536
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