Legal Steps to Address Nursing Home Neglect and Abuse in California

Find A California Personal Injury Lawyer for Nursing Home Abuse and Neglect


Nursing home negligence can result in significant injuries, even though most skilled nursing institutions provide outstanding care to their patients. If you or a loved one has been hurt due to a nursing home's negligence, you have the right to submit a complaint and seek compensation with the assistance of a California Personal Injury Attorney.


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What Qualifies As Nursing Home Abuse?


More people will face challenging long-term care decisions as our population ages, such as whether or not to enter a nursing facility. Unfortunately, abuse in nursing homes can take many forms, and it's not always obvious when it's happening.


The following are some examples of maltreatment in nursing homes:


Harmful Treatment/Physical Abuse

Physical assault is defined as any act or circumstance that results in bodily harm or damage. It could be done intentionally, such as with rough handling. However, it can also be caused by neglect, such as a lack of physical care or the abuse of restraints.

  • Unexplained injuries, such as bruises, welts, or scars, mainly if they occur on both sides of the body.

  • Marks on the wrists, for example, are indicators of restraint.

  • The caregiver is unable to provide adequate clarification.

  • Use of a physical or chemical limitation or psychiatric medication for reasons other than those allowed by a physician.

  • The caregiver's reluctance to let you see the elder alone.

  • Injuries that demand hospitalization or immediate medical attention.

  • Sudden weight loss or increase without informing the doctor or a family member.

  • An unexplained or unforeseeable death.

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Sexual Harassment

Sexual assault refers to unwanted sexual attention or exploitation. It also has something to do with consent. A patient with dementia, Alzheimer's disease, or another cognitive disability that stops them from comprehending what is happening or expressing their views cannot consent.

  • Bruised breasts or genitals

  • Genital diseases that haven't been diagnosed or venereal disease

  • Bleeding (vaginal or anal)

  • Torn, soiled, or bloodied underwear


Negligence


It's possible that the omission was made inadvertently. It can also happen when a facility is understaffed and unable to meet the needs of its inhabitants. Neglect is defined as failing to give personal hygiene, food, clothing, or water.

  • Bedsores, dehydration, and malnutrition are all symptoms of malnutrition.

  • There is no provision of food, clothing, or shelter.

  • Unsanitary, filthy, or potentially harmful conditions.

  • Infections and Viruses.

  • Exceptional weight loss.

  • Clothing that isn't seasonally suitable.


Financial Exploitation


Financial abuse is when an assigned caregiver takes advantage of a patient's financial situation. This can include taking personal goods from a citizen, stealing from a bank account, applying for credit using the patient's personal information, and other forms of identity fraud for personal benefit.

  • Large and unexplained withdrawals from elder's bank accounts.

  • The elder's residence was empty of cash and goods.

  • Suspicious changes in financial and legal records, such as wills and powers of attorney.

  • Whether it's unpaid debts or a lack of concern for financially comfortable elders, it's a problem that needs to be addressed.

  • Purchases that aren't necessary.


Emotional Abuse


Psychological or emotional abuse is the most challenging type of abuse to identify. For example, screaming, criticizing, shaming, or humiliating a patient might cause anxiety, agitation, or behavioral changes in the patient.

  • Threatening, insulting, or oppressive behavior from the caregiver.

  • Mentally, the elder is irritated or anxious.

  • Strange activities such as sucking, gnawing, and rocking may suggest dementia.

  • Withdrawal and non-communicative behavior.

  • Atypical senior behavior (such as retreat and non-communication, as well as humiliating, degrading, horrifying, or threatening actions)

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Healthcare Fraud

Healthcare fraud is another form of financial abuse:

  • Being given too many or too few medications.

  • Even though services have been paid in full, the elder is receiving inadequate treatment.

  • Staffing shortages and a lack of planning could also be signs of fraud.


Who Would File a Lawsuit for Nursing Home Abuse?


Families that fear a loved one in a nursing home or by a dependent adult is being abused should remove them from the situation as soon as feasible. After that, families or victims should contact a California Personal Injury Attorney as quickly as possible; every second they wait, evidence vital to bringing those guilty to justice could be lost.

If victims and their families respond swiftly, they may be able to claim damages for a dependent adult or nursing home abuse against the person or facility that caused them grief and anguish.


How Can Lawsuits Help You and Your Family?


An elderly person hurt by a worker, employee, or agent of a residence, medical institution, or any similar facility may be entitled to compensation under the Welfare and Institutions Code and general negligence rules of law.


Victims of abuse and their families will benefit from the following benefits as a result of the litigation:

  1. Security for the elder or dependent adult's future in the form of finances to cover medical bills for any injuries the elder or dependent adult has received, as well as a better long-term care scenario;

  2. Victims and their families want the person or facility responsible for their suffering to be held accountable.

While many cases settle without going to trial, you will need an experienced California Personal Injury Attorney to prepare the case for trial, take depositions, and conduct the necessary investigations in elder abuse, dependent adult abuse, or similar assault case to maximize the recovery.


To receive the compensation you are legally entitled to, consult and employ a California Personal Injury Attorney.


Can a Nursing Home Be Held Liable?


If it can be proven that a nursing home's facility or personnel are the primary cause of nursing home violence, the nursing home can be held liable for damages. Elder abuse can result in hospitalization, costs for pain and suffering, disability, and disfigurement. In extraordinary circumstances, punitive damages may be levied.


Find A Nursing Home Neglect Attorney in California


With Gency.org, we can help you get a Contingency Attorney for Personal Injury Claims in California. No win, no fees! You can complete our submission form for a free case review.

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