legal resources necessary to hold negligent facilities accountable.
Irvine Nursing Home Abuse Lawyer
In 2022, the World Health Organization reported that 1 in 6 people 60 and older experienced some type of abuse in the community and institutional settings. Rates of elderly abuse are high in institutions such as nursing homes and assisted living facilities, with 64.2% of staff admitting to elder abuse in the past year.
Victims of nursing home abuse are often left with severe injuries, psychological trauma, emotional distress, or a combination of all of these. Families of nursing home abuse victims are also saddled with the emotional and mental anguish of seeing their elderly loved one suffering.
If your elderly loved one experienced any type of abuse in a nursing home or long-term care facility, let the affiliate California senior abuse lawyers at Nursing Home Law Center, LLC help your family seek justice.
Contact our affilate nursing home abuse attorneys at (800) 926-7565 (toll-free phone number) or use the contact form for a free consultation. We defend clients' legal rights across Orange County and offer our services on a contingency fee basis.What is Nursing Home Abuse Involving the Elderly?
California Penal Code 368 PC defines elderly abuse as the physical, financial, or emotional abuse or neglect of a person 65 years or older. Abuse can occur anywhere, including at home, in a nursing facility, assisted living facility, or hospital.
Neglect is a form of abuse when caregivers (institutions, home nurses, or family members) fail to maintain the health and well-being of elderly individuals in their care.
When a perpetrator is found guilty of abusing a senior citizen, the offense may be prosecuted as either a felony or misdemeanor under California law. The punishment can range from significant fines to jail or prison time, depending on the charge.
However, not all nursing home abuse cases lead to criminal charges. Most nursing home abuse victims and their families decide to seek compensation for their damages by filing a civil lawsuit.Common Signs of Nursing Home Abuse and Neglect
The following signs may indicate that your elderly loved one is suffering from abuse or neglect in their nursing home facility:
- Unexplained injuries (e.g., cuts, bruises, sprains)
- Changes in personality and behavior
- Loss of enjoyment in daily activities
- Signs of being restrained (e.g., bruises on wrists)
- Irritability, irrational anger, sudden outbursts
- Unsanitary or unsafe living conditions
- Weight loss and dehydration
- Sudden onset of anxiety or depression
- Untreated medical conditions (e.g., bedsores)
Family members should look for these warning signs of abuse to prevent further harm. If you have reason to believe that your elderly family member is suffering abuse, contact an Irvine nursing home abuse attorney as soon as possible.What Are The Consequences of Nursing Home Abuse?
Nursing home neglect and abuse can lead to severe and long-term consequences for victims and their families, which may include:
- Physical Injuries: Physical abuse of a nursing home resident can lead to severe injuries, such as broken bones, brain injuries, spinal cord trauma, etc.
- Diseases: Victims of sexual assault may contract sexually-transmitted diseases from the incident, potentially leading to other severe health complications.
- Mental and Psychological Trauma: Victims of mental, emotional, and sexual abuse often experience long-lasting mental trauma, affecting their quality of life. Common indicators of these types of abuse include changes in personality and behavior.
- Disability: A physical injury on an elderly person can be significantly more devastating than on a younger individual. Fractures, head trauma, spinal cord injuries, and other severe injuries can lead to life-long disability for elders.
- Monetary Losses: The family of a nursing home abuse victim may have to pay for the medical treatment of their loved one. Furthermore, the financial abuse of vulnerable elders can lead to significant monetary losses for their families.
- Death: Without proper medical care, nursing home residents face a higher risk of premature death. For example, a senior citizen with untreated infections may suffer sepsis and die.
Do you suspect nursing home abuse? If so, it is crucial to act quickly. Tell others about any signs of abuse or neglect in the nursing home.
Once you confirm your suspicions, report the abuse to proper authorities immediately and contact a lawyer. If possible, remove your loved one from the environment to prevent further nursing home abuse. Take them to a doctor for a health care assessment, which may reveal the effects of abuse.
A nursing home abuse lawyer can help you decide how to proceed. If you file a claim against the nursing home staff members or the facility owner/operator, the case might be able to settle without going to court.
To determine the best course of action, contact our Orange County office at (800) 926-7565 and schedule a free consultation.
A nursing home abuse attorney can help you recover a fair settlement for your family’s damages, including:
- Medical bills
- Pain and suffering
- Loss of quality of life
- Punitive damages
- Legal fees
- Wrongful death
Proving Abuse or Neglect
Your personal injury attorney can also help you collect evidence for the case. Forms of evidence may include:
- Medical records
- Documentation of the victim’s injury
- Photos and videos of the abuse
- Witness accounts from nursing home staff members or residents
- Photos of unsanitary or unsafe environments
- Incident reports
Who Can Be Held Accountable?
Nursing home staff members, visitors, family members, and other patients could be at fault for physical abuse, neglect, and financial abuse of residents. If enough evidence is found against a staff member, they may face a criminal charge.
However, nursing homes also face liability for failing to screen and train their employees. Senior care institutions are legally obligated to provide reasonable medical care to all residents. Failing to do so can make them legally liable, even if only a single staff member is responsible for the abuse.
Filing a Civil Lawsuit
An experienced attorney can help you negotiate a settlement value that your family deserves. However, when the negotiation is unsuccessful, your lawyer could file a civil lawsuit against the defendant to recover economic, non-economic, and punitive damages.
Our Southern California senior abuse and neglect attorneys have years of experience helping families recover compensation through litigation and out-of-court settlements.Contact an Irvine Nursing Home Abuse Lawyer for a Free Consultation
Do you suspect that your loved one is receiving a substandard level of care or has become a victim of abuse or neglect? Act quickly before it’s too late.
Our Southern California elder abuse lawyers are available to evaluate your case seven days a week, 24 hours a day. Our team of dedicated Orange County nursing home abuse affiliate lawyers will fight aggressively to protect those you love and hold those responsible financially accountable.
Contact us at (800) 926-7565 for a free consultation. We handle all cases through contingency fee arrangements meaning we are only paid for our fees once we have settled your case out-of-court or successfully presented your lawsuit at trial in front of a judge and jury.
All confidential or sensitive information you provide will remain protected under an attorney-client relationship.
Look here for additional information on California laws and nursing homes.
Please see the links below to respective locality pages if you are looking for information on a specific facility.
- Chula Vista
- Long Beach
- Los Angeles
- San Bernardino
- San Diego
- San Francisco
- San Jose
- Santa Ana