legal resources necessary to hold negligent facilities accountable.
Fresno Nursing Home Abuse Lawyer
Abuse and mistreatment occurring in nursing facilities are pervasive problems throughout California. Statistics show that the top three nursing home abuse types are physical abuse, psychological abuse, and neglect.
Tragically, the assisted-living homes and nursing facilities entrusted to provide quality care for loved ones often fail to properly care for their residents at their weakest and most vulnerable moments.
Do you have an elderly loved one residing in a nursing home or long-term care facility? It is essential to recognize the warning signs of abuse and how to fight back by contacting a nursing home abuse lawyer. The network of California nursing home abuse attorneys provides legal help to many victims of gross negligence injured by those in charge of providing their care.
Call our nursing home abuse attorneys at (800) 926-7565 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free case consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Signs of AbuseWhile the effects that a loved one has suffered physical injuries are often noticeable, other types of abuse can be subtle and not as easy to distinguish.
However, numerous signs can help family members recognize that an elder has been hurt or mistreated at their nursing home.
Below are some of the common warning signs that an elderly resident has suffered abuse in a nursing home:
- Bruises and marks
- Loss of personal property or money
- Signs of fear when certain nursing home staff members or other residents are around the victim
- Deteriorating health despite the nursing home insisting the victim receives medical attention.
- Bed sores, ulcers, rashes, and other skin disorders
- Untreated physical injuries
If your loved has any of these signs listed above, act quickly and do not hesitate to report them. Then speak with one of our affiliate Fresno nursing home abuse lawyers.
Far too many times, many residents of the Fresno nursing homes continue to suffer at the hands of a supposed caretaker because the warning signs were missed or ignored.
Types of Nursing Home AbuseFresno nursing home residents could be victims of several different types of incidents. As a family member, it is vital to be aware of what is happening in the nursing home of your loved one.
Physical Abuse
Physical elder abuse is one of the most frequently reported forms of abusive conduct in Fresno nursing homes and elderly residential facilities and can involve a wide range of actions.
The abuse might involve physical force against the resident, resulting in personal injury.
The potential abuse may be obvious to others, such as watching someone hitting an elderly person in front of other nursing home residents or can involve less apparent actions, like shaking an elderly person to get their attention. Below are some examples of abuse that nursing home residents may suffer:
- Unnecessary or excessive restraint
- Pushing, shoving, or dragging
- Hitting or slapping
- Severe beatings
- The inappropriate use of restraints
- Force-feeding, and
- Improper administration of drugs by nursing home staff
Typically, financial abuse occurs when someone gains access to the resident’s financial accounts, assets, or property of nursing home residents without authorization. This type of abuse typically occurs with someone whom your family member trusts like a caregiver, facility, friend, another resident, etc.
Fresno nursing home caregivers, visitors, family members, or other residents may develop a close relationship to access the person’s accounts and take advantage of the victim by:
- Cashing a check
- Taking money out of the ATM
- Stealing money from their wallet
- Forcing them to sign a financial document against their will
- Taking their belonging without permission
Check the accounts of your loved one and verify all estate documents are in order. Some scammers build such a strong bond with an older adult that the criminal can convince this person to change their will.
Emotional and Psychological Abuse
Emotional elder abuse is another recurring problem across the state’s nursing facilities and can significantly affect a victim. Victims of this form of abuse suffer intentional psychological anguish or pain resulting from verbal or nonverbal actions.
Unlike an incident of physical abuse, which can have immediate and obvious consequences (making it easier to find and stop perpetrators), emotional or psychological abuse tends to be more prolonged, and its effects can be gradual yet residual and deeply traumatizing. Examples of emotional elder abuse can include:
- Intimidation
- Verbal harassment
- Humiliation
- Verbal or written threats
Sexual Abuse
Sexual abuse in their nursing home is common. Non-consensual sexual contact with your loved one could result in:
- Unexplained development of a sexually transmitted disease (STD) or genital infection
- Pain or irritation of the genital areas from sexual contact
- Panic attacks from repeated sexual contact
- Having problems walking or sitting
If you recognize any of these signs and suspect sexual abuse, you immediately should act quickly, call the authorities, and report it to the administrators.
Neglect
Physical, emotional, and psychological abuse are nearly always intentional acts. Alternatively, a lack of action toward the nursing home residents is considered negligence.
Most negligence incidents of the elderly involve a failure to:
- Provide medical care and medication
- Treat injuries and notice those who have suffered abuse
- Provide prompt assistance or medical care
- Acknowledge complaints of pain or sexual abuse
Understaffing
When nursing homes are understaffed, their staff becomes overworked, and many residents are subjected to a lack of assistance and the ongoing supervision they need.
Understaffing increases the risk of nursing home abuse and neglect:
- A lack of staff in nursing homes could cause problems for residents who need help eating or drinking.
- The inadequate nursing staff could lead to medication administrating errors.
- Immobile nursing home residents may not get assistance to reposition or transfer to another location as often as needed to avoid bedsores.
Compensatory damages for nursing home abuse can include (but are not limited to):
- Hospital expenses
- Ongoing medical bills
- Pain and suffering
- Funeral and burial costs in wrongful death cases
Your home abuse lawyer from our affiliate legal team might seek to obtain an award of “punitive damages” in Fresno if the actions of the defendant were egregious.
Who Can Be Sued For Or Charged With Nursing Home Abuse?Both civil lawsuits and criminal charges for nursing home abuse can be brought against:
- People who work directly with the elderly as caregivers at nursing homes (such as nurses, certified nursing assistants, and other staff.);
- Administrators or other people responsible for supervising nursing home staff, the owners, or operators.
Any abuse in nursing homes is a crime. The Welfare and Institutions Code, as well as the Penal Code, contain definitions of both civil and criminal liability.
These laws hold those responsible for:
- Mistreatment and
- Physical abuse of the elderly
- Neglect, or lack of care
If a loved one is in immediate harm or neglected at a nursing home, call 911 and notify the facility administrator. If the situation does not require immediate attention, report the incident to the police by calling your local non-emergency number.
The state offers Adult Protective Services (APS). Family, friends, staffers, and all others witnessing or suspecting abuse or neglect must report what they know to law enforcement and other public agencies.
Another option for reporting nursing home abuse is to report nursing home abuse to the Department of Aging Long-Term Care Ombudsman. This program is a community-supported volunteer-based program; services are free and confidential.
Contact this organization if you have questions or concerns regarding the quality of care, suspicion of nursing home abuse, or request an Ombudsman attend a meeting.
After reporting, you should contact a Fresno nursing home abuse lawyer as soon as possible to check your case.
Free Consultation When Hiring a Fresno Nursing Home Abuse & Neglect LawyersThe affiliate lawyers at Nursing Home Law Center, LLC have represented many elders victimized by caregivers and other residents at their facility.
Our network of attorneys takes every step possible to ensure that you and your loved one receive the financial compensation you deserve. Our team of dedicated, experienced attorneys provides legal help to stop abuse, neglect, and mistreatment.
With our extensive experience and access to every resource possible, we gather evidence, documentation, incident reports, and medical records including doctor's notes, nursing notes, intake/outtake records, and care plans.
Contact an affiliate Fresno nursing home abuse lawyer by calling (800) 926-7565 or using our contact form to schedule your appointment for a full case review. The legal team at Nursing Home Law Center LLC is always ready to help.
All information you share with a lawyer within our law offices remains confidential. We provide immediate legal representation, advice, and counsel without upfront fees. All our legal services are paid after negotiating an acceptable out-of-court settlement or winning your case at trial.
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