San Diego Nursing Home Abuse Lawyer

Nursing home abuse in San Diego County is a serious issue that affects vulnerable seniors in nursing homes and assisted living facilities.

If your elderly loved one has been mistreated, seeking legal help from an experienced San Diego nursing home abuse lawyer is essential for holding negligent facilities accountable.

A skilled attorney can guide families through their legal rights, help file claims, and pursue compensation for the harm endured.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for victims of nursing home elder abuse in Southern California. Our skilled legal team has a strong history of handling these cases carefully and securing significant settlements and verdicts for our clients.

We conduct in-depth investigations to ensure that every aspect of the abuse, from medical costs to emotional distress and other damages, is thoroughly addressed. With our extensive knowledge of nursing home abuse claims, we fight relentlessly to protect your rights.

Types of Cases Handled by Our San Diego Nursing Home Abuse Lawyers

Nursing home abuse refers to harm or mistreatment inflicted on nursing home residents by caregivers or staff members. This abuse can take many forms, each leaving vulnerable residents at risk of serious physical, emotional, or financial harm. Our San Diego nursing home abuse lawyers handle various types of cases, including:

Physical Abuse

Physical abuse involves the intentional use of force that results in bodily harm. This assault can include hitting, pushing, or using restraints on nursing home residents. In some cases, residents may be left with unexplained injuries like bruises, broken bones, or pressure ulcers from improper restraint use.

Mental and Emotional Abuse

Mental and emotional abuse occurs when residents are subjected to verbal threats, intimidation, or isolation. Caregivers may humiliate or belittle residents, leading to severe emotional trauma, depression, or anxiety. This type of abuse often goes unnoticed but can have devastating effects on the resident’s well-being.

Sexual Abuse

Sexual abuse in nursing homes involves any unwanted sexual contact or behavior directed at a resident, often from caregivers or staff members. Victims of sexual abuse may feel ashamed or afraid to report the abuse, making it essential for family members to be alert to any signs of such mistreatment.

Medical Malpractice

Medical malpractice in nursing homes includes neglectful medical care, such as the failure to prevent or treat bedsores, medication errors, or misdiagnosis. These forms of neglect can lead to serious health complications, infections, or unnecessary pain for residents.

Negligence

Nursing home negligence occurs when caregivers fail to provide proper care, causing harm to the resident. This neglect can involve poor hygiene, malnutrition, dehydration, or elopement (when a resident wanders away unsupervised). Negligence can also result in bedsores or pressure ulcers from inadequate attention to a resident’s physical needs.

Financial Abuse

Financial abuse happens when caregivers or other individuals take advantage of a nursing home resident’s finances. This exploitation can include stealing money, manipulating the resident into changing wills, or unauthorized use of the resident’s financial accounts.

Wrongful Death

In the most severe cases, abuse or neglect in an assisted living facility can lead to the wrongful death of elderly nursing home residents. Families may seek justice and compensation through a wrongful death claim when the loss of a loved one is caused by abuse, neglect, or inadequate medical care.

Understanding Your Legal Rights

Nursing home residents in San Diego County are protected under several federal and state laws that ensure their right to proper care and protection from abuse.

One of the most important federal laws is the Nursing Home Reform Act of 1987, which establishes basic rights for nursing home residents. 

This law mandates that residents receive quality care, be treated with dignity, and remain free from abuse, neglect, or exploitation. Nursing homes are required to maintain a safe environment and ensure the well-being of their residents.

In addition to federal protections, California has its regulations to safeguard the rights of nursing home residents. 

The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides further protection for elderly individuals in nursing homes, residential care facilities, and skilled nursing facilities. Under this law, residents are entitled to protection from physical abuse, financial exploitation, and neglect. 

Additionally, the California Department of Public Health oversees nursing facilities to ensure compliance with these laws and investigate any reported cases of abuse or neglect.

When nursing homes or assisted living facilities fail to meet these standards, residents and their families can take legal action. Claims for nursing home abuse can be filed by:

• The residents themselves, if they are capable of doing so;
• Family members or legal guardians of the resident, particularly if the resident is unable to file due to physical or cognitive impairment;
• In cases of wrongful death, the estate of the deceased resident or surviving relatives may file a claim.

Understanding these legal rights is essential for families seeking justice and compensation for their loved ones who have suffered abuse in San Diego nursing homes. Taking legal action can help stop further abuse and ensure that responsible parties are held accountable.

Liability in Nursing Home Abuse and Neglect Cases 

In cases of nursing home abuse and neglect, multiple parties may be held responsible for the harm caused to residents. Identifying all liable parties is crucial to ensuring victims receive total compensation for their injuries.

Here are some common parties who may be held liable in nursing home abuse cases:

Individual Caregivers

Caregivers who physically, emotionally, or sexually abuse residents can be held directly responsible for their actions. These actions include instances of neglect, where a caregiver fails to provide necessary care, leading to harm such as bedsores, malnutrition, or dehydration.

Nursing Homes and Assisted Living Facilities

Facilities can be held accountable for abuse when they fail to hire, train, or supervise their staff members properly. If a facility neglects its duty to create a safe environment or does not address known abuse issues, it can be liable for the harm.

Medical Providers

Doctors, nurses, or other medical staff who provide substandard care, including medication errors or failure to treat medical conditions, can also be liable for nursing home abuse. In some cases, the nursing facility itself may be responsible for medical malpractice if it fails to ensure residents receive adequate care.

Third-Party Contractors

Some nursing homes use third-party companies for physical therapy or medical care services. If a contractor’s employee commits abuse or neglect, the contractor and the skilled nursing facility could be liable.

How Our San Diego Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced San Diego nursing home abuse attorneys have successfully handled numerous cases of nursing home neglect, abuse, and wrongful death. With deep expertise in navigating California law and nursing home regulations, our law firm is dedicated to protecting the rights of nursing home residents and their families. 

We work tirelessly to ensure that abusive caregivers and negligent facilities are held accountable. From the initial consultation to the resolution of your case, our attorneys offer comprehensive legal support to guide you through every step of the process.

Free Case Evaluation

We offer a free case consultation to discuss the details of your case, evaluate potential claims, and provide you with legal options. This initial step lets us understand the situation and guide you toward the best course of action.

Case Investigation

Our legal team conducts a thorough investigation into the abuse or neglect, gathering essential evidence on the residential care facility, such as medical records, witness statements, and facility inspection reports. This investigation is critical to building a strong case and proving liability.

Filing the Claim

Once we have gathered the necessary evidence, we will file the claim against the responsible parties. We ensure all legal documents are properly prepared and submitted, keeping you informed throughout the process.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement. Our attorneys have extensive experience negotiating fair settlements with nursing homes and their insurance companies, ensuring victims receive compensation for medical costs, emotional trauma, and other damages.

Trial If Needed

We are fully prepared to take your case to trial if a settlement cannot be reached. Our skilled trial attorneys will present your case before a judge and jury, fighting for the justice and compensation your family deserves.

With our San Diego nursing home abuse lawyers by your side, you can rest assured that your case will be handled with professionalism, compassion, and dedication.

Common Signs of Elder Abuse Among Nursing Home Residents 

In San Diego, there are a total of 65 Medicare-approved nursing homes. 14 of these, or 22%, have an overall score below or much below average. Specifically, 15 nursing homes (23%) fall short in health inspections, and 21 (32%) have inadequate staffing levels. Two of the facilities (3%) rated poorly in quality measures. [1]

Elder abuse in nursing care facilities often goes unnoticed, as many elderly residents may be unable to communicate their distress or fear retaliation if they speak up. Relatives and caregivers must remain vigilant and recognize the warning signs of abuse to protect their loved ones. Here are some common signs of elder abuse among nursing home residents:

• Unexplained Injuries: Physical assault may result in bruises, cuts, fractures, or other injuries with no clear explanation. If you notice frequent or repeated injuries that the nursing home staff cannot adequately explain, this could be a sign of physical abuse.
• Bedsores or Pressure Ulcers: Neglect can lead to bedsores or pressure ulcers, especially if the resident is bedridden and not receiving proper care. These sores can become infected and indicate poor medical care or hygiene.
• Sudden Weight Loss or Dehydration: Malnutrition or dehydration is a common sign of neglect, especially when the resident is not receiving adequate food or water. Rapid weight loss, dry skin, or signs of weakness should not be ignored.
• Changes in Behavior or Mood: Emotional and psychological abuse can manifest in sudden mood swings, withdrawal from social activities, or unexplained anxiety and depression.
• Poor Hygiene: Neglected residents may have unclean clothing, body odor, or poor grooming. A lack of basic hygiene care can indicate that the nursing home is not providing necessary personal care to residents.
• Financial Irregularities: Signs of financial abuse may include sudden changes in a resident’s bank account, missing personal belongings, or unexplained charges. Family members should monitor financial accounts and report any suspicious activity.
• Fear of Staff Members: Residents may display fear or discomfort around certain staff members, avoiding eye contact or becoming visibly anxious when caregivers are present. This can be a red flag for abuse or mistreatment.
• Unexplained Withdrawal from Family and Friends: Isolation from loved ones or social activities can be a sign of emotional abuse or intentional neglect. If a resident suddenly stops participating in family visits or refuses to engage in their usual activities, it may indicate mistreatment.

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is suffering from nursing home abuse, it’s important to act quickly to ensure their safety and well-being. Here are the steps you should take:

• Call 911 if There’s Immediate Danger: If your loved one is in immediate physical danger or requires urgent medical attention, contact emergency services immediately.
• Report to the Nursing Home Administrator or Management: Inform the nursing home administrator or management about your concerns. They are required to investigate the situation and take appropriate steps to address the abuse or neglect. Make sure to document the conversation for future reference.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman is an independent advocate for nursing home residents and is responsible for investigating complaints of abuse, neglect, or poor conditions. Filing a report with the local Ombudsman’s office ensures an unbiased third party reviews your concerns.
• Contact a Nursing Home Abuse Lawyer: A skilled San Diego nursing home abuse lawyer can provide legal guidance on the next steps and help you file a claim to hold the responsible parties accountable.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse may be entitled to various types of compensation, depending on the severity of the abuse and the harm suffered. These damages generally fall into three main categories:

Economic Damages

Economic damages cover the measurable financial losses related to the abuse. Examples include:

• Medical Expenses: Costs for hospital visits, treatments, medications, and rehabilitation resulting from the abuse.
• Relocation Costs: Expenses associated with moving the resident to a safer facility.
• Lost Wages: Lost income may be recovered in cases where a family member must take time off work to care for the abused resident.

Non-Economic Damages

Non-economic damages compensate for the emotional and psychological harm caused by abuse. These damages include:

• Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the nursing home resident.
• Loss of Enjoyment of Life: If the abuse has caused a significant decline in the resident’s quality of life, this can be factored into the claim.
• Emotional Trauma: Damages for anxiety, depression, and psychological harm caused by emotional or physical abuse.

Punitive Damages

Punitive damages are awarded in cases where the abuse is particularly egregious or malicious. These damages are intended to punish the wrongdoer and deter future abuse. They are not related to the actual harm suffered but serve as a form of penalty for the abusive behavior.

The Cost of Hiring a San Diego Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand the financial strain that families may face when dealing with nursing home abuse. That’s why we offer our legal services on a contingency fee basis. 

This means you won’t have to pay any upfront fees or out-of-pocket expenses. Instead, our fee is only collected if we successfully secure compensation for your case through a settlement or court verdict. 

This approach ensures that every family, regardless of financial situation, has access to experienced legal representation and can seek justice for their loved ones.

You Have Limited Time to Take Legal Action in San Diego

If you suspect nursing home abuse, it’s important to act quickly due to the statute of limitations—the legal deadline for filing a claim. 

In California, the statute of limitations for nursing home abuse and neglect claims is generally two years from the date of the injury or discovery of the abuse. If the claim involves wrongful death, the two-year period typically begins from the date of the resident’s passing. 

Failing to file within this time frame could prevent you from pursuing legal action. Ensure you consult a San Diego nursing home abuse lawyer as soon as possible to protect your legal rights.

Contact a San Diego Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team has a strong history of advocating for victims of nursing home abuse across San Diego. With years of handling elder abuse cases, we are dedicated to holding negligent nursing facilities accountable and securing justice for vulnerable residents and dependent adults. 

Our attorneys provide compassionate and knowledgeable legal support, ensuring your loved one’s rights are fully protected throughout the legal process. 

If you believe a family member has suffered abuse in a nursing facility, don’t wait. Contact our San Diego elder abuse lawyers today for a free consultation and learn how we can help you take legal action to secure the compensation and justice your loved one deserves.

Call us at (800) 926-7565, or fill out our contact form

References: [1] Medicare