legal resources necessary to hold negligent facilities accountable.
Long Beach Nursing Home Abuse Lawyer
Many American families rely on nursing homes and assisted living facilities to care for their loved ones. In a nursing home, older adults should receive the care, attention, and treatment they need to live as safe, healthy, and comfortable as possible.
Unfortunately, not all nursing homes meet this duty of care. Worse, some nursing homes fail to prevent elder abuse within their facilities.
Did nursing home abuse harm your loved one? Contact the affiliate California nursing home abuse attorneys at Nursing Home Law Center, LLC, to learn more about your legal options.
Call our nursing home abuse attorneys at (800) 926-7565 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.What is Elder Abuse?
According to the law, it is elder abuse to cause or create a risk of harm to an adult 60 years of age and above. Elder abuse might involve an intentional act or a failure to act to ensure the well-being of another, resulting in physical, psychological, or financial harm to an older person.
Nursing home abuse can occur in all senior care facilities, such as assisted living and long-term care facilities. Nursing home abuse is often perpetrated by the very people who are supposed to take care of residents, including nurses, doctors, and other healthcare staff.
Types of Elder Abuse
According to the National Coalition of Aging (NCOA), up to 5 million older Americans suffer abuse annually. The rates of elder abuse are high in nursing homes, but due to significant underreporting, it is difficult to tell how many people suffer from nursing home abuse.
Of the nursing home abuse cases that are reported, the most common types of abuse are:
- Physical Abuse: Inflicting pain or injury upon an elderly patient that might involve hitting, slapping, tripping, smacking, and other violent acts of assault.
- Emotional Abuse: Hostile behavior toward a nursing home resident could include verbal assault, harassment, intimidation, and threatening.
- Sexual Abuse: Any non-consensual act upon another is considered sexual abuse, including touching, fondling, and intercourse.
- Confinement: Restraining or isolating an older adult against their will and without a medical reason.
- Passive Neglect: Failure to provide a patient with necessities, such as food, water, clothing, and medical care.
- Willful Deprivation: Denying an older person access to necessary goods and services, such as medical care, physical assistance, and medication increases the risk of harm to that person.
- Financial Abuse: Misusing or withholding an elderly person’s personal or financial resources.
Effects of Nursing Home Abuse
Nursing home abuse can inflict physical, mental, emotional, and financial consequences on victims and their families. The effects of nursing home abuse often include:
- Physical injuries
- Psychological trauma
- Worsening of existing conditions
- Depression and anxiety
- Loss of quality of life
- Monetary losses
- Wrongful death
Causes of Nursing Home Abuse or Neglect
According to experts, some of the most common root causes of nursing home abuse include:
- Poorly trained staff
- Lack of background checks
- Underpaid staff
- Poor management and accountability
According to the California Department of Aging (CDA), the senior population is expected to rise by 166% in 2060. With so many senior citizens in California, addressing the causes of mistreatment in senior care facilities is crucial now more than ever.
As the cases of nursing home mistreatment continue to rise, it is now becoming a significant public health issue.
Who Is Most at Risk?
Although most nursing home residents are at some level of risk of experiencing abuse, these groups of elderly patients are the most vulnerable:
- Patients with cognitive diseases (dementia, Alzheimer’s)
- Patients with physical or mental disabilities
- Patients with special needs
If your older family member belongs to any of these groups, pay close attention to their health and well-being while in the nursing home.Obtaining Justice For Long Beach Nursing Home Abuse Victims
According to the law, all nursing home facilities must meet the rights of all their residents. All nursing home residents must receive proper nutrition, mental and emotional support, personal hygiene, and health care.
Unfortunately, not all elderly patients receive the standard of care they deserve. Some suffer due to passive neglect, while others are victims of intentional harm. Regardless of the severity, any form of abuse or neglect in a nursing home is unacceptable.
Reporting Nursing Home Abuse
Report known or suspected abuse to Adult Protective Services (APS) or the Department of Social Services. If you suspect your loved one is in immediate danger, call 911. Consider removing them from the nursing home to another facility.
Reporting nursing home abuse to the local authorities may prompt an investigation. Law enforcement can stop the mistreatment immediately in most cases.
Family members of victims can file complaints against abusive or neglectful nursing care staff members. However, it is common for their employers (nursing homes) to be held liable for their staff’s negligence or misconduct resulting in personal injury.
Filing a Claim
If your elderly loved one has been a victim of nursing home abuse or neglect, you could hold the nursing home and its staff accountable for their actions (or inaction) by filing a claim. Your lawyer will review the case and conduct an investigation.
Your nursing home abuse attorney will then send a demand letter to the nursing home stating why you deserve financial compensation.
From there, the nursing home may issue a counteroffer. If they do not offer enough or refuse responsibility for the incident, your nursing home abuse lawyer could file the complaint in court. The case then becomes a civil lawsuit.
The Statute of Limitations in California
Most personal injury lawsuits must be filed within two years of the injury, based on the state’s statute of limitations.
Our lawyers recommend filing a claim as soon as possible after you discover the mistreatment in the nursing home.
Nursing Home Litigation
Nursing home lawsuits can take a long time to resolve. Furthermore, plaintiffs (complainants) have a chance of losing the case. For these reasons, most nursing home abuse cases settle out of court.
A Long Beach nursing home abuse lawyer will help you negotiate a fair settlement for your family’s losses. If negotiations are unsuccessful, you could file a nursing home abuse lawsuit. A court trial will commence, and the judge and jury will hear evidence from both sides to arrive at a verdict.
Filing a claim or lawsuit against the abusive nursing home staff member or the facility itself can help recover compensation for:
- Medical treatment
- Loss of quality of life
- Pain and suffering
- Wrongful death
- Punitive damages
The value of your settlement or verdict may depend on the extent of your damages and the case’s circumstances. In any case, having a lawyer can help your family receive the compensation you deserve. Call the Long Beach nursing home abuse lawyers at Nursing Home Law Center, LLC at (800) 926-7565 to start a free case review.
Strong evidence of the abuse or neglect is imperative to obtaining a fair settlement. Proof in a Long Beach nursing home abuse case includes:
- Medical records
- Documentation of injuries
- Incident reports
- Police reports
- Documentation of unsanitary or unsafe environments
- Security camera footage
- Psychological records
- Eyewitness accounts from nursing home employees or other residents
- Expert testimony from a medical professional
Abuse of nursing home patients is not always blatant. Some abusers threaten elderly individuals, preventing them from seeking help, while others are physically or mentally unable to alert anyone of the abuse.
Furthermore, many forms of abuse do not manifest in visible signs, such as emotional and financial abuse. Therefore, it is crucial to learn about the warning signs of mistreatment to ensure the safety and well-being of your loved one in the nursing home.
Common warning signs include:
- Unexplained injuries (cuts, bruises, welts, etc.)
- Broken eyeglasses or torn clothing
- Signs of confinement (e.g., bruised wrists)
- Signs of trauma
Mental and Emotional Abuse
- Loss of enjoyment in daily activities
- Changes in behavior or personality
- Difficulty sleeping
- Untreated conditions (e.g., pressure ulcers)
- Lack of proper hygiene
- Unexplained weight loss
- Unsanitary or unsafe living conditions
- Lack of medical aids
- Missing funds
- Unexplained transactions
If you suspect abuse in your elderly loved one’s nursing home, report it to the local authorities as soon as possible. Then, call a Long Beach nursing home abuse lawyer to see if your suspicions are any cause for concern.
Our California law offices handle legal issues concerning our seniors, from physical abuse to willful neglect. We can help you reach out to the proper authorities and determine the next best step if we prove the mistreatment of your loved one.Long Beach Nursing Home Abuse Lawyer
Senior citizens deserve respect, attention, and proper care in their vulnerable age, more so from the people who are supposed to care for them. Unfortunately, some nursing home patients fall victim to neglect and mistreatment instead of living out golden years in peace.
Did your loved one suffer physical harm, psychological abuse, or any form of elder abuse in their nursing care home or assisted living facility? If so, the Long Beach nursing home abuse lawyers at Nursing Home Law Center, LLC can help you obtain the justice that your family rightfully deserves.
Our reputable Long Beach/Southern California elder abuse attorneys use our years of experience to obtain fair financial compensation by proving your case through a claim or lawsuit. Our law firm has access to all needed resources and works closely with the most respected medical experts in Long Beach, CA, and all across the state.
We urge you to contact our nursing home personal injury lawyers at (800) 926-7565 to schedule your free consultation. Our law offices handle all cases through contingency fee arrangements. This agreement ensures you and your loved one will receive immediate legal representation without paying an upfront fee. All information provided will remain strictly confidential.