Fremont California Nursing Home Abuse Lawyers

Fremont Elder Abuse LawyersMany families place a loved one in a nursing facility due to a short-term illness, rehabilitation from surgery or the declining ability to provide care for themselves. When this happens, families have a right to expect their loved one will receive all necessary care in a safe and accident free environment. Unfortunately, the Fremont nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have seen many cases were nursing facilities made poor management decisions, or designed their practices around monetary gain at the expense of the residents’ health and well-being.

The nursing facility and staff members are legally obligated to operate the establishment in a safe environment that provides mental and physical protection of every resident. Unfortunately, the increased demand for the number of nursing home beds throughout the Silicon Valley has risen at a rapid rate the last few decades as many more residents are entering their retirement years.

Out of the more than 220,000 residents living within Fremont and more than double that number in Alameda County, approximately 45,000 are senior citizens. This number is expected to grow in the years ahead in direct proportion to the needs for additional beds and nursing facilities, assisted living homes and rehab centers all on the California Pacific Coast.

Fremont Nursing Home Resident Health Concerns

Our Fremont elder abuse attorneys recognize that many nursing home residents have become the victim of horrible cases involving neglect and abuse because they lack the capacity to communicate what is occurring. In many cases, the victim has no visible signs that neglect or abuse is happening and no verbal way of communicating what is going on. Because of that, our California nursing home law firm has long served as legal advocates to every nursing home resident throughout the state.

In an effort to provide families assistance, our lawyers continuously review, assess and evaluate publicly available information gathered through national databases including Medicare.gov. We publish this information concerning opened investigations, health concerns, filed complaints and safety hazards at nursing facilities all throughout the Silicon Valley. Many families use this valuable data as an effective tool to decide where to place a loved one, or what to look out for when their loved one is already residing in one of the facilities listed below.

Comparing Fremont Area Nursing Facilities

The comparison list detailed below was compiled by our Alameda County nursing home neglect attorneys that show all the Fremont area nursing facilities currently maintaining below average ratings compared to other homes nationwide. In addition, our lawyers have posted their primary concerns outlining specific cases involving abuse, neglect or mistreatment of residents harmed by physical assault, a lack of treatment, medication mistakes, health hazards and other concerns.

Information on California Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across California to give you an idea as to how cases are valued. Learn more about the cases below:

PARKVIEW HEALTHCARE CENTER
27350 Tampa Avenue
Hayward, California 94544
(510) 783-8150

A “For-Profit” 121-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Develop, Implement and Enforce Policies And Procedures To Prevent Abuse, Neglect And Treatment of Residents

In a summary statement of deficiencies dated 06/04/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement its policies and procedures for preventing and reporting abuse.” The deficient practice involved staff members not promptly reporting “a resident to resident altercation that occurred on 04/01/2015.”

The state investigator noted that the facility also failed “to report the incident to the police, Ombudsman and California Department of Public health on 04/10/2015. The staff was not aware of the process for reporting abuse. The deficient practices by the nursing staff and administration at Parkview Health Care Center “had the potential to result in the reoccurrence of abusive behavior between residents.”

The deficient practice was noted by the state surveyor noted that the resident’s April 2015 Care Plan title: Behavior Care Plan indicated that the resident “was verbally abusive to others and displayed aggressive behavior toward co-residents.”

In addition, a review of the 04/15/2015 Facility Investigation Summary Report indicates “an alleged resident to resident altercation occurred on 04/01/2015 between [2 residents at the facility].” However, the facility’s Administrator and Director of Nursing only became “aware of the incident on 04/10/2015.”

The surveyor conducted a 10:25 AM 04/27/2015 interview with one of the residents involved in the alleged altercation that stated “he had gone to the kitchen for a cup of coffee and [the other resident] told him to get out of the kitchen.” The allegedly aggressive resident then stated, “I had hit with a cup of coffee he came close to me. I felt threatened.”

A few minutes later, the state investigator conducted a 10:40 AM interview with the facility’s Dietary Aid who stated that both residents “came to the kitchen while kitchen staff was preparing the dinner trays [… stating] he saw [one resident hit another resident] with an empty coffee cup. [The resident who had been hit with a coffee cup] kicked the other resident in his back.” The dietary aid stated “he called out to the Charge Nurse and told her, ‘they are fighting in here’.”

An interview was conducted at 12:30 PM that same day with the facility’s Administrator who stated “he was informed of the incident by the Dietary Manager during Morning Meeting on 04/10/2015 [which was nine days after the incident occurred]. The Administrator stated staff should report any incidents, verbal or physical, to the supervisor.”

The Dietary Manager was interviewed by the state investigator at 7:50 AM on 03/19/2015 who stated “on 04/10/2015 she overheard [dietary aid] discussing an incident that occurred between [these two residents. The Dietary Manager] stated she asked the kitchen staff why they did not report the incident to her they told her they were not aware that they were supposed to report the incident.”

Our Hayward nursing home abuse attorneys recognize the failing to develop, implement and enforce policies and procedures that prevent abuse and the recurrence of abuse as a potential of causing one or more residents serious harm, injury or death. The deficient practice by the nursing staff and employees at Parkview Health Care Center might be considered additional abuse, mistreatment or neglect. The actions of the staff do not follow the facility’s 04/15/2001 policy titled: Abuse and Neglect – Reporting and Response that reads in part:

“The facility will report all allegations of and substantiated occurrences of abuse to the state agency law enforcement officials as designated by state law. (If the suspected abuse does not result in serious bodily injury, the mandated reporter must report the incident by telephone within 24 hours to local law enforcement agency. Provide a written report to local ombudsman and L & C program and the law enforcement agency within 24 hours.”

BAYPOINT HEALTHCARE CENTER
442 Sunset Boulevard
Hayward, California 94541
(510) 582-8311

A “For-Profit” -certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Care to Every Resident in a Way That Keeps or Builds Their Dignity and Respect of Individuality

In a summary statement of deficiencies dated 11/02/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “provide care in a dignified manner for [a resident of the facility].” The deficient practice involved the resident falling out of bed “while being turned by a lone Certified Nursing Assistant.” The surveyor also noted that the facility “lacked the proper equipment to lift her and did not call for guidance or emergency assistance, but left her on the mattress on the floor until the physician arrived the following day and directed the staff to call for an ambulance.” The deficient practice by the nursing staff at Baypoint Healthcare Center resulted in the resident stating “that she felt abandoned, sad and angry.”

The deficient practice was noted after a review of the resident’s records who indicated that the resident “was middle age, weight over 400 pounds and was alert, oriented and able to express her needs.”

The state investigator conducting the survey review the facility 10/20/2015 document titled Change of Condition revealing that “at 1:30 AM, before [the Certified Nursing Assistant providing the resident care] started to do diaper change, she was giving instructions, the patient turned so fast that she slid slowly from the bed down to the floor. She landed on the right side of the bed. Alert and oriented, aware of what happened on assessment, no injury, no skin tear, no bumps noted at this time. Able to move all extremities.”

Later that day, a late entry nurse note indicated “all night shift staff started to put her back to bed. Tried Hoyer (mechanical) lift, but sling did not fit patient and also not appropriate for size. Several attempts done by staff using bed sheets were not able. This writer was in doubt to call fire department at this time for help. Instead, she was provided with another mattress placed next to her bed and slowly help her to the mattress and put several pillows for support. Was offered [medications] to relax her and for complaint of muscle strains due to being on the floor.”

The state investigator interviewed the facility’s Licensed Vocational Nurse at 10:00 AM on 10/22/2015 who stated “I went to see her on 10/20/2015 because she was moaning […and] denied pain but said she was feeling sorry for herself for her situation.” At the time “she was on a mattress on the floor.

The Director of Nursing indicated during an 11:35 AM interview on the same day that the “registered nurse in charge didn’t know that it was okay to call 911. I told her she should have called me.”

The Licensed Vocational Nurse indicated in 10/29/2015 phone interview that attempts were made to “put her back in bed but couldn’t. I didn’t call 911 because I was in doubt. I didn’t do a skin check. I gave her pain and anxiety medication. I should have called the [Medical Director] and the [resident’s responsible party] and made out an incident report. The verbal report I got didn’t say I didn’t call the (Director of Nursing). I was in doubt.”

On the morning after the incident occurred at 9:40 AM, the resident’s “physician wrote an order to transfer [the resident] to the hospital via a bariatric basic life support (with equipment and technicians who know how to care for a bariatric resident) for evaluation of increased back pain after the fall.” According to the documentation [the resident] was on the floor for over eight hours.”

The state surveyor conducted an observation and interview of the resident 11:50 AM on 10/29/2015 when the resident “was lying in a bariatric bed (a bed designed to accommodate obese patients in a safe and comfortable manner).” The surveyor noted that the resident “was conversant with good eye contact [and stated upon questioning that] only one CNA came in and she was small. She was on my backside and told me to turn away from her. We were counting to three. I kept going and she couldn’t stop me. I went to the floor and landed on my buttocks. They tried to lift me but couldn’t. I saw only women, no men. When I fall at home, I call 911 and the fire department comes and gets me out. I told him to call 911 three times and there was no leadership […and] they said they wanted to wait for management in the morning […and] rolled me onto two mattresses on the floor and gave me the call button.”

The resident indicated that during that event of being left on the floor until management arrived in the morning “I had no phone and no one offered me one. I couldn’t reach anyone and was stuck on the floor. It became more depressing – the sense of abandonment. I felt anxious and have medication I take it home. I didn’t sleep. They said the doctor would be in the morning I was checked on during the night. I had a fall at home and spent a day on the floor before my granddaughter came and found me. I have terrible fear of falling and haven’t left my home in a year. I believe the more injurious event was being on the floor all night because no one physically checked me, no visual inspection. I had asked staff what was going on because no one told me. That’s when I got angry. I know I was on the floor for 12 hours.”

Our Hayward nursing home neglect lawyers recognize that failing to take appropriate measures that ensure that every resident’s dignity and respect of individuality is kept or maintained could cause emotional damage to the resident. The deficient practice of the nursing staff at Baypoint Healthcare Center might be considered mistreatment or negligence because the actions of the nursing staff failed to follow the facility’s policy and procedures titled: Change in Resident’s Condition that reads in part:

“Purpose: good to clearly define guidelines for timely notification of a change in resident condition. Responsible Discipline: Registered Nurse, Licensed Vocational Nurse; Policy: It is the policy of this facility that all changes in resident condition will be communicated to the physician. If unable to contact the attending physician timely, notify Medical Director for follow-up to change in resident condition. The nurse in charge is responsible for notification of physician prior to end of assigned shift when a change in a resident’s condition is noted.”

DRIFTWOOD HEALTHCARE CENTER – HAYWARD
19700 Hesperian Boulevard
Hayward, California 94541
(510) 785-2880
A “For-Profit” 88-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Immediately Notify the Resident, Resident’s Doctors and Family Members of a Change in the Resident’s Situations That Affect the Resident

In a summary statement of deficiencies dated 10/06/2015, a complaint investigation was opened against the facility for its failure to “follow their policy and procedure to notify the physician when [a resident] left the facility without an escort against physician’s orders.” The deficient practiced by the nursing staff at Driftwood Healthcare Center – Hayward resulted in the resident having “a change of condition without the physician’s knowledge and involvement.”

The state surveyor conducting the investigation reviewed the resident’s 07/17/2015 MDS (Minimum Data Set) revealing that the resident “required extensive assistance of two staff for transferring from bed to wheelchair.”

The surveyor also reviewed the facility’s 06/11/2015 Social Service Notes that reveals of the resident “does not want any escort once her power wheelchair is working.” A follow Social Service Note dated the following day reveals that the resident was informed “that her doctor does not allow her to go out on pass without any escort and resident stated it’s my right to refuse any escort.”

The resident’s 06/24/2015 Care Plan revealed that the resident is “non-compliant with signing out when leaving the building. Interventions were listed, coordinate Plan of Care with ombudsman, involve family for care.”

The facility’s 09/26/2015 2:00 PM Incident/Accident Post Review report revealed that the resident was “on pass and fell outside the facility. On motorized wheelchair. Able to make needs known; self-responsible. Can’t go out without an escort. No actual witness of the fall incident. Homeowners heard resident calling out for help. Resident was sent out to acute hospital via 911.”

An investigative report at the facility dated the following day on 09/27/2015 revealed that the resident “left the facility in her motorized wheelchair. The Fire Department notified the facility that the [resident] fell, was taken to the hospital return to the facility.”

Hospital records dated 09/26/2015 revealed that the resident’s “x-ray showed [a break at the] far end of the left femur (thigh bone). The left leg was casted to maintain stability of the leg. Surgery was not performed.”

The investigator conducted a concurrent interview and observation of the resident at 2:30 PM on 10/06/2015 noting that the resident “was lying in bed, wearing a cast on her left leg, which extended from mid-thigh to the edge of the toes.” The resident stated that “the wheelchair wheel got trapped in the cracks on the ramp. I have no one to go with me. I’ve fallen from the chair twice at home. [The resident] was tearful and complained of severe pain, especially when repositioning.”

The state surveyor conducted a 12:30 PM interview on the same day with the facility’s Director of Nurses who stated that “the doctor was not informed that [the resident] left without escorting without signing out.

During interview on 10/06/2015 at 2:15 PM, [the Medical Director stated], “I was never aware that [the resident] was leaving without an escort or that she fell. Today’s the first time I was informed. She wasn’t admitted, just the emergency department visit. There is a skilled nursing facility advice desk and no message was left there. There was nothing in my inbox which would have meant a message was left by the facility. I know she came to the emergency department and that an x-ray was taken.”

Our Hayward nursing home neglect attorneys recognizes failing to notify the resident’s doctor and responsible parties in any change in the resident’s condition or situation could dramatically affect the health and well-being of the resident. The deficient practice of the nursing staff at Driftwood Healthcare Center – Haywood failed to follow the established procedures and protocols adopted by the facility including their policy and procedure title: Changes in Resident Condition that reads in part:

“The attending physician is notified when changes in condition or certain events occur. The attending physician is notified when there is: an accident involving the resident which resulted in injury or the potential for requiring physician intervention; a significant change in the resident’s physical, mental or psychosocial status.”

EAST BAY POST-ACUTE Center
20259 Lake Chabot Road
Castro Valley, California 94546
(510) 351-3700

A “For-Profit” 91-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Unavoidable Accident from Occurring

In a summary statement of deficiencies dated 09/30/2015, a complaint investigation against the facility was opened for its failure to “implement an individual care plan when [a resident] had multiple falls.”

The state surveyor conducting an investigation a complaint noted that the facility’s policy and procedure for conducting an interdisciplinary team (IDT) meeting within 24 hours of a fall to find the cause was not followed.” The investigator also reviewed the resident’s Care Plan “to prevent falls was not implemented or reviewed and updated after each fall.”

The complaint investigation was initiated after the resident’s falls in a three-month period [where] he fractured a rib. As a result of these failures [the resident] continues to be at high risk for falls and injuries.”

Other Matt documented evidence at the facility noted that the resident “did not have the capacity make healthcare decisions […and] required two persons to walk with assistance” and that the resident was continent or in control of his bladder and bowel.

The resident’s 03/19/2015 Change of Condition Assessment revealed the resident “had a witnessed fall in front of station one. A form titled Post Fall Huddle, with no signatures or date” reveal that an incident occurred at 10:30 AM at Nursing Station One. The document reveals that there are sections “asking what the resident was doing prior to the fall and what was the possible cause of the fall. These areas were left blank. “The final question showed ‘What immediate interventions do you believe would prevent further falls?’ Specify: resident was transferred to acute hospital for further evaluation per doctor’s orders.”

The resident’s 03/20/2015 Fall Risk Assessment revealed a score of 20 indicating that the resident is at high risk for falling. On the same day, the resident’s Care Plan indicates that the resident “had unsteady gait, impaired cognition/communication, calls out persistence and does not use the call light, attempts to stand/transfer without assistance.”

The approaches listed in the Care Plan “keep bed in low position, lock bed when transferring, respond to call light promptly, keep call light within reach, meds as ordered, and offer diversional activities.”

The surveyor noted that documented evidence in the 03/24/2015 Interdisciplinary Resident Safety Investigation and Intervention Form revealed that just prior to a fall the resident “was attempting to self-transfer, ambulating with unsteady gait with no assistance. One person signed the first ID team form. The second ID team form showed that [the resident] was found on the floor next to his bed at 7:30 PM Resident is confused, saying he’s going home to his wife [… but is] unable to verbalize needing for toilet. One person signed the second ID team form. There were three short-term Care Plans dated 03/24/2015 which showed that the [resident] fell 3 times on 03/24/2015: one unwitnessed and two witnessed. The identical interventions were written for each fall.”

The resident’s fifth fall was noted in the 03/27/2015 Change of Condition that revealed the resident “was found on the floor sitting next to his wheelchair at 11:05 PM, with the sensor alarm went off. This form showed that [the resident] had an abrasion on his left lateral thigh.”

The six fall as noted on 03/30/2015 on the Change of Condition form revealing “an unwitnessed fall when [the resident] was found kneeling beside his bed at 8:20 PM, when the pad alarm on his bed went off.”

The seventh fall revealed on the 04/03/2015 Change of Condition form revealed that the resident had a fall “at 9:00 AM to include the following: Skin intact. Bluish/purplish disc on left hip.”

The eighth fall is documented to have occurred on 04/04/2015 in the facility’s Post Fall Huddle that reveals of the resident “was found on the floor by his bed at 11:45 AM. It showed ‘What new intermediate interventions do you believe would prevent further falls? Frequent monitoring and ensuring proper functioning of the bed alarm’.”

The resident’s night fall is documented in the resident’s 06/05/2015 Change of Condition Assessment form that revealed that the resident “was found sitting on the floor by his bed after peeing on the floor at 5:30 AM. Took off tab alarm. The form showed a right flank abrasion with pain at level 6 out of possible 10. The IDT form dated 06/08/2015 show that to staff analyze the fall: resident verbalize he got up to urinate at bedside and fell. X-ray showed a fractured right rib.”

The state investigator at 3:20 PM on 06/22/2015 of the resident who was seen sitting “in a wheelchair by the nursing station. He was not wearing nonskid slippers as the Care Plan showed but, instead wore plain white socks.”

The investigator conducted a 07/01/2015 interview with the facility’s Director of Nursing who was “asked to show the investigation after the witness fall on 03/19/2015.” The Director of Nursing stated that the event “was witness. He was in a chair in front of the nursing station so staff witnessed the fall.” The Director of Nursing confirmed “that she did not interview the staff to determine the cause of the fall and what actions were taken by the staff to prevent the fall.”

Our Castro Valley nursing home neglect attorneys recognize that failing to take appropriate measures to ensure that residents are free from accident hazards and provide adequate supervision to prevent a fall from occurring for a resident at high risk for falling that deficient practice by the nursing staff at East Bay Post-Acute Center might be considered negligence or mistreatment because the staff failed to follow the facility’s May 2008 policy and procedure title: Fall Prevention and Management Program that reads in part:

“A Licensed Nurse will assess all residents on admission and quarterly for risk factors for falls and will initiate a Care Plan for all residents who are risk for falls. Following a fall, the IDT (interdisciplinary team, representatives from different departments) will complete a post fall assessment within 24 hours or as soon as practical. The assessment will include a review of all possible causal factors. The Licensed Nurse will initiate an investigation, interview staff, residents and visitors who may know some information related to the incident. The goal shall be to determine causal factors.”

PROVIDENCE VALLEY POINTE
20090 Stanton Avenue
Castro Valley, California 94546
(510) 538-8464

A “For-Profit” 50-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Provide Residents an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Unavoidable Accident from Occurring

In a summary statement of deficiencies dated 10/16/2015, a complaint investigation against the facility was opened for its failure to “prevent [a resident] from hitting [another resident] for the second time on 07/02/2015.” The allegedly aggressive resident “has a history dementia and aggression, and [the injured resident] has a history of dementia.”

The complaint investigation was initiated after an incident occurring on 06/09/2015 involving a resident hitting another resident occurred. After the incident, the facility “developed a Care Plan indicating staff were to provide safe supervision for both residents. The Care Plan for [the aggressive resident] was not updated to reflect staff interventions to prevent [that resident] from assaulting others, specifically to keep [that resident] from the [other resident] resulting in [the aggressive resident hitting the other resident] on the back of the head repeatedly on 07/02/2015.”

The state investigator reviewed the resident’s Quarterly Minimum Data Set with Assessment Reference Date (ADR) that revealed the allegedly aggressive resident “needed extensive assistance with one person to physically assist in mobility and used a walker or wheelchair to self-ambulate.”

A review of the resident records who was assaulted by the aggressive resident indicates that she “needed limited assistance of one person for mobility and used a wheelchair for mobility.

The state investigator indicated that the facility’s 4:46 PM 06/09/2015 Nurse’s Notes revealed that both residents “were in the activity room a staff member witnessed [the aggressive resident] hitting the [other resident].” The nursing staff separated the residents immediately and indicated “there were no injuries noted to either resident.”

However, the aggressive resident “had a neuropsychological evaluation on 06/15/2015 which revealed he had ideas about hitting a female resident because he didn’t like her. The psychologist recommended treatment with psychotropic medication management. The facility placed a resident on every 30 minute checks from 06/09/2015 until 06/10/2015.”

“To include the problem of altercation with the other resident. A short-term goal at a target date of 06/16/2015 and one of the interventions was providing safe supervised areas.”

However, the Nurse’s Notes written at 10:35 AM on 07/02/2015 revealed that the aggressive resident “was witnessed hitting and slapping the back of [the female resident’s] head and ears in the activity room. They were separated and [the aggressive resident] was placed on every 30 minutes check. The note further revealed that [the female resident] was not harmed or exhibited signs of emotional stress and did not remember the incident.”

The state surveyor conducted 11:30 AM 07/07/2015 on-site visit and noted that the resident “was observed sitting up in her wheelchair in the dining room waiting for lunch […and] was neatly dressed and groomed, and was smiling and visiting with a family member. [The aggressive resident] was in the social service office playing his guitar.”

An interview was conducted with the Director of Nurses revealed that the aggressive resident “had a psychological evaluation and the psychologist recommended medication which the responsible party refused to give consent. There is no indication in the record how the facility would monitor [the aggressive resident] to prevent further episodes of aggression toward others, specifically [the resident who had been assaulted].”

Our Castro Valley nursing home abuse attorneys recognize that failing to provide a safe environment free of abuse has the potential of causing one or more residents serious harm, injury or death. The deficient practice by the nursing staff and administration at Providence Valley Pointe might be considered negligence, mistreatment or further abuse because one resident at the facility had already been repeatedly assaulted by the aggressive resident.

Victims’ Rights under the Law

Researchers know that most cases involving abuse and neglect in nursing facilities are rarely documented or reported to proper legal authorities. In many incidences, victims are reluctant to file a complaint or speak out loud for fear of retaliation. Often times, family members are unaware of the numerous rights afforded the nursing home resident.

Every nursing home victim has numerous rights provided to them under state and federal rules and laws. Some of these rights involve the right to:

  • Be treated with respect and dignity at all times;
  • Live in an environment free of chemical and physical restraint
  • Live in an environment free from physical, mental, emotional, verbal abuse or sexual assault;
  • Be provided appropriate and adequate health and hygiene care that meets the standards of care recognized by state and federal nursing home agencies
  • Allowed to participate in their Plan of Care and the right to refuse care, treatment and medication
  • Be able to voice concerns, problems, grievances and issues in an environment free of retaliation or fear

The line that differentiates abuse and neglect can be a blurry one. Basically, neglect is considered a failure by the nursing staff or medical team to provide necessary care, diagnosis and treatment. Alternatively, abuse is considered active harmful actions directed at or received by the patient. Legally, a resident might be considered a victim of abuse if there are indicators or witnesses to an event that involves:

  • Indicators of abuse or sexual assault by other residents, visitors or staff members;
  • Injury or symptoms caused by excessive chemical/physical restraint;
  • Damaged by emotional or physical abuse caused by humiliation, intimidation or fear by staff members
  • Physical or verbal assault caused by resident to resident contact or proximity

The resident might be considered a victim of neglect if obvious signs are witnessing of an event or series of events involve:

  • The resident suffered a fall due to inadequate supervision/monitoring, lack of assistance or hazardous/dangers condition like a slippery floor or broken assistive device (i.e. walker);
  • The resident suffers from a facility-acquired pressure sores (bedsores; decubitus ulcer; pressure ulcer) caused by a lack of cleanliness, lack of care or malnutrition;
  • The resident display signs of dehydration or malnutrition that might be caused by a lack of access to nutrients;
  • The resident sustained injuries caused by elopement/wandering due to failing to supervise/monitor;
  • Suffering injuries, harm or death as a result of a medication error including receiving another resident’s medication, receiving the wrong medication or receiving medication outside of the parameters of the physician’s order.
  • A significant deterioration of the resident’s health caused by emotional, physical or mental abuse or by humiliation, intimidation or fear by staff members

Nearly all cases of abuse and neglect involve residents who are already frail where a serious injury can lead to a deterioration the medical condition or even to death.

A Lawyer Can Help

Whether you are pursuing a financial compensation claim to cover the family’s damages and losses, or seeking to file a wrongful death lawsuit after losing a loved one through negligence or abuse, The Fremont nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC can help.

If you have seen signs of neglect and abuse and your loved one residing in any nursing facility throughout California, we encourage you to call our law offices at (888) 424-5757 today for a free full case evaluation. We accept every case involving abuse, neglect and mistreatment through contingency fee arrangements, meaning you receive immediate legal representation without the need of paying an upfront fee. All information you share with our office remains confidential. Our accomplished Alameda County attorneys can make the difference in holding those responsible for causing your loved one harm financially and legally accountable.

For additional information on California laws and information on nursing homes look here.

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

 

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