Elder Abuse & Nursing Home Neglect Lawyers
At The Law Offices of Larry H. Parker, we are devoted to assisting abuse and neglect victims in nursing homes and assisted living facilities. You should contact us if your loved one is experiencing bed sores, broken bones, dehydration, starvation, bruising, or any other alarming symptoms in a nursing home or assisted living facility.
Elder abuse and nursing home neglect lawsuits raise awareness of the injuries that frequently happen in assisted living and skilled nursing homes. Our California nursing home abuse lawyers have significant experience negotiating the numerous subtleties of such situations because of our firm’s unique focus on addressing elder abuse and neglect matters statewide, which has produced effective results for our clients. Specialists in elder abuse know where to find the evidence to meet the high standard of proof needed to establish negligence in a nursing facility.
We demand levels of professionalism that go above and beyond the bare minimum from nursing homes and the staff that look for the elderly and disabled folks. In line with these expectations, California law mandates that facilities and their staff closely adhere to the obligation to take good care of the people under their supervision. Unfortunately, some nursing homes and assisted living facilities operate with insufficient staff, resources, and management. Vulnerable victims are subjected to nursing home abuse and neglect, resulting in injuries or even death.
At The Law Offices of Larry H. Parker, our elder abuse and neglect lawyers give victims who might otherwise remain mute in the face of nursing facility maltreatment a voice. We are committed to advocating on behalf of those injured due to carelessness, recklessness, or even malicious behavior. Our lawyers have a wealth of expertise in assisting victims and their families in California in obtaining compensation from dishonest establishments. Because no one should experience injustice and humiliation at the hands of those responsible for providing for them, we combat abuse in nursing homes.
California’s Nursing Home Abuse and Neglect Law
Under California law, victims have several choices for addressing nursing home abuse or neglect, including making a police report or informing the California Department of Aging about the problem. These options don’t, however, make up for the losses the victim has suffered. You must submit a claim against the nursing home, typically through its insurance company, to obtain compensation for injuries brought on by negligence on their part.
By demonstrating that a nursing facility committed acts of physical abuse, neglect, or financial abuse, a victim may be entitled to compensation, lawyer fees, and other damages under the Elder Abuse and Dependent Adult Civil Protection Act. Four crucial aspects must be established in this kind of case:
Duty: You must prove that the nursing home was required to provide care at an acceptable standard in light of the situation. The legal obligations are also included in California’s statute on licensing requirements for healthcare institutions. Still, they may also be formed by a contract agreement between the facility and the resident. The nursing center must be proven to have violated the duty of care by negligence, recklessness, oppression, fraud, or ill-intent actions.
Causation: There must be a connection between the violation and the suffering you or a loved one experienced, such that you would not have suffered harm but for the wrongdoing. An injury brought on by another circumstance would not be acceptable.
Damages: You must demonstrate that the nursing home’s actions caused you or a loved one to suffer losses for which you are entitled to reimbursement.
Types Of Elder Abuse
Nursing home neglect or abuse can sometimes be quickly identified, but other times the indications are more subtle, or the wounds are emotional. In any case, it’s critical to be aware of the warning signals so you can act right away:
Malnutrition And Dehydration
In California, nursing facilities must serve residents enough drinks and nutritious meals. When someone receives insufficient water and nourishment, dehydration and malnutrition ensue. They can deteriorate the immune system, bed sores, falls, disorientation, and muscle weakness. Malnutrition and dehydration are factors that are more likely to affect a resident. Major psychiatric problems, depression, and diabetes are a few of these. Neglect may be legally actionable as a type of malnutrition and dehydration prevention. A plaintiff and their counsel must provide clear and persuasive evidence to prove responsibility.
Falls
Falls frequently occur in nursing homes due to safety risks, a failure to implement preventative measures, and a lack of supervision because of understaffing. When nursing facilities neglect to shield residents from dangers to their health and safety, they should be held accountable. Since medical issues sometimes hamper their mobility, elderly individuals may be particularly prone to falls, and nursing home staff need to be aware of this danger. Since older bodies are frailer than younger people, victims in nursing homes may potentially sustain more severe injuries in a fall. Our nursing home abuse lawyers assist senior citizens in California and their families in bringing claims based on injuries or fatalities brought on by avoidable falls.
Bed Sores/Pressure Ulcers
Suppose the essential and proper prophylactic measures are not taken. In that case, older people with physical or mental disabilities are more likely to develop pressure ulcers, also known as decubitus ulcers, pressure sores, or bedsores. Pressure sores develop when persistent pressure on the skin decreases blood flow to specific body parts, frequently the elbows, heels, hips, ankles, shoulders, back, or back of the head, and the afflicted skin tissue dies. They might also appear wherever extreme friction, shear, or dampness damages skin.
Use Of Restraints
Unfortunate practice is the improper usage of shackles in nursing homes and assisted living institutions. Instead of being employed for safety, restraints are frequently used for the facility’s convenience. Restraints violate patients’ rights in skilled care facilities and have detrimental side effects that outweigh positive impacts.
A restraint is typically understood as any tool restricting a person’s freedom of movement or body use. Physical and chemical restrictions are the two basic categories. Both programs were intended to enhance the safety of older adults and those who care for them. Still, in practice, they are frequently used to coerce patients and residents into submission to speed up the caregiving process. Pharmacological restraints have been connected to a higher chance of dementia-related death. In contrast, physical restraints have been linked to a wide range of severe physical and mental illnesses.
In addition to the above, it is essential to remember that abuse can be physical, sexual, or emotional, among other things.
- Physical Abuse is described as intentionally causing an aged or disabled person pain, suffering, or restraint. Physical abuse may be indicated by bruises, cuts, scrapes, bone fractures, bed sores, and injuries from falls. Sexual assault victims risk developing STDs or becoming pregnant at younger ages. Mood swings, character outbursts, hostility, and withdrawal from others could indicate emotional abuse.
- The Definition of Neglect is Broad, encompassing everything from failing to give a victim their medication to putting them in danger. Accidents in nursing homes are frequently the result of neglect, where the behavior transgresses the norm of care, even if it is an error.
- Financial Exploitation or Abuse may be difficult to detect if you do not have access to the victim’s bank accounts or other assets. However, you should be wary of scenarios where the victim cannot pay bills or permit someone to handle banking under dubious conditions.
Filing An Elder Abuse Claim
Under California law, you can launch a nursing home neglect or abuse action against:
An individual who works as a caregiver, such as a nurse, orderly, nursing assistant, or similar role; nursing home administrators or managers who are accountable for appropriately overseeing their teams; and, in certain instances, the owners or operators of the nursing facility.
In the event of impairment, the victim or their family has proper standing to sue. If you are successful in establishing all four of the factors mentioned earlier, you may be entitled to claim damages to compensate for:
Physical suffering and pain; emotional misery and agony; and the costs of medical care required to treat the victim’s injuries.
However, in some circumstances of nursing home abuse, punitive damages may be recoverable, but only if you can demonstrate that the action was deliberate. Malice is defined in California as willfully causing harm to another person or indulging in disgusting behavior with a conscious disregard for the safety of others. You must provide “clear and convincing” evidence to prove this element, which is a higher degree of proof than the “preponderance of the evidence” standard. There is no cap on punitive damages in California, but the amount must be reasonably proportional to the victim’s harm.
Trusting An Elder Abuse/Nursing Home Neglect Lawyer
If you or a loved one was a victim in a nursing home due to carelessness or willful conduct, you might have a claim for nursing home neglect and abuse under California law. We understand that there is no justification for crimes that take advantage of vulnerable victims. Call 800-333-0000 and speak to a lawyer from The Law Offices of Larry H. Parker to schedule a free, no-obligation consultation.
