Elder Abuse and Fraud

Elder Abuse and Fraud Help for The Elderly in Texas

Serving Clients in the Dallas and Fort Worth Texas Metroplex

Elder abuse and fraud can take many forms, including physical abuse, sexual abuse, psychological abuse, neglect, and financial exploitation. Elder financial exploitation is the most common form of abuse experienced by older adults, but many victims experience more than one type of abuse, which is called polyvictimization.

All types of elder abuse cause harm to the physical health, mental well-being, and financial stability. Rates of hospitalization and mortality are much higher among victimized older adults, and the financial losses caused by exploitation can be staggering. It is estimated that 1 in 10 older adults experience at least one form of abuse.

The Law Offices of Namrita Notani can help prevent elder abuse in multiple ways, both before and after problems are detected. Prevention activities include educating older adults and other professionals through presentations and materials; counseling clients about vulnerability; and recommending that clients take steps to minimize abuse and facilitate its detection. Steps to minimize abuse and facilitate detection include: limiting the use of joint bank accounts and including oversight provisions in powers of attorney, supported decision-making agreements, or trusts.

Legal tools to protect an elder abuse victim from further harm may include: revoking legal documents; obtaining a separation or divorce; petitioning for protection orders or injunctions; bringing eviction or other removal proceedings against an abuser; and petitioning for opposing, limiting, or terminating appointment of a guardian or conservator.

Actions to rectify elder abuse may include seeking accountings, recovering assets, rescinding transfers or voiding documents due to fraud, incapacity, or undue influence, and obtaining damages due to breach of contract, breach of fiduciary duty, conversion, fraud, and physical or psychological harm. Please contact our firm if you have reason to believe that you or your loved one has been a target of Elder Abuse.

Employment agreement terms that are of particular concern for physicians and dentists include:

  • Duties and responsibilities (including on-call duties and expectations)
  • Equipment and staff resources
  • Compensation and benefits
  • Partnership and/or equity stake in practice
  • Malpractice coverage (including tail and/or nose coverage)
  • Professional dues and continuing medical education
  • Hospital affiliations and credentialing
  • Licensing requirements
  • Collateral professional activities and practices
  • Non-competition and non-solicitation restrictions

With or without an employment or partnership agreement, problems and disputes may arise during the employment relationship such as:

  • Pressure to cover up misconduct, malfeasance, or fraud
  • Reorganization and mergers
  • Compensation issues
  • Failure to provide equipment and resources
  • Disputes between partners or with affiliated hospital or medical facility
  • Internal politics

When the employment or contractual relationship comes to an end, physicians and dentists often have special interests that require careful negotiation with the employer. Such issues may include HIPAA and confidential information concerns, patient notification, non-competition restrictions, and professional liability tail insurance coverage. In such situations, the parties often have competing needs and interests, such as the employer’s interests in continuing its business/practice and avoiding major financial commitments versus the individual’s interests in career mobility, financial security, and professionalism.

As a former dentist and your attorney, I will work closely with the physician and dentist clients to help them identify their particular separation concerns and issues, to help guide them through negotiations on their own behalf, or to negotiate on their behalf – keeping in mind that a commitment to providing quality patient care is in the best interest of the client.

In general, the negotiation of a separation agreement for a physician or dentist should seek to preserve and protect economic interests while also addressing issues that have arisen during the employment relationship that may cause career or reputational harm. For example, if a non-compete, non-solicitation, or other restrictive covenant is problematic, I can explore whether the negotiations should include a request for a waiver, narrowing, or other modification of such post-employment restrictions. Other separation issues that are commonly considered include equity buy-out or repurchase, non-disparagement and non-reemployment clauses, references or notices to credentialing authorities, and mutual releases.

With my unique background, I have the skill and experience to represent physicians and dentists with respect to their particular employment needs and interests. I can assist medical professionals in negotiating and drafting employment agreements, advising and counseling during the employment relationship, negotiating and drafting severance agreements, advising and negotiating post-employment restrictions and resolving and litigating disputes. 

If you are a physician or dentist who needs assistance with an employment or partnership agreement, an employment problem or dispute, or issues relating to separation, contact The Law Offices of Namrita Notani today to discuss your options.