The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Los Angeles Nursing Home Abuse Lawyer
Nursing home abuse is an unfortunate reality that affects many vulnerable nursing home residents across Los Angeles. It can result in severe physical, emotional, and financial harm to elderly loved ones who depend on caregivers for proper care.
Abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, financial exploitation, and nursing home neglect.
For victims and their families, seeking legal help from an experienced Los Angeles nursing home abuse lawyer is essential to hold these facilities accountable and pursue justice.
A qualified nursing home abuse attorney from Nursing Home Law Center can investigate your case, gather evidence, and file a nursing home abuse claim to recover financial compensation for medical bills, pain, and suffering. If you suspect abuse, it’s crucial to act quickly to protect your loved one’s rights and ensure they receive the proper care they deserve.
Why Hire Nursing Home Law Center
At Nursing Home Law Center, our priority is to achieve justice and fair compensation for victims of nursing home abuse. Our seasoned legal team has a strong record of handling nursing home abuse cases with care and obtaining substantial settlements and verdicts.
We thoroughly investigate each case to address every aspect of abuse, including medical costs, emotional suffering, and other damages. With extensive nursing home abuse claims knowledge, we manage the legal process efficiently and work relentlessly to safeguard your rights.
Throughout the case, we offer clear and compassionate support, ensuring you and your family stay informed, protected, and confident.
Types of Cases Handled by Our Los Angeles Nursing Home Abuse Lawyers
Nursing home abuse refers to any intentional harm or neglect inflicted on a nursing home resident, causing them physical, emotional, or financial suffering.
At Nursing Home Law Center, our Los Angeles nursing home abuse attorneys handle a variety of nursing home abuse cases, ensuring that victims receive the justice and compensation they deserve. Below are the different types of nursing home abuse we address:
Physical Abuse
Physical abuse occurs when nursing home staff members inflict bodily harm on nursing home residents. This includes hitting, slapping, or improper use of restraints, which can lead to severe injuries like broken bones, bruises, or even permanent disability.
In understaffed nursing homes, the misuse of physical restraints is a common form of abuse, which can cause long-term physical pain and suffering.
Mental and Emotional Abuse
Mental and emotional abuse involves actions that cause psychological harm to a resident. Examples include verbal threats, humiliation, or isolating the resident from others. Emotional distress from nursing home abuse can lead to anxiety, depression, and a decline in the resident’s overall well-being.
Sexual Abuse
Sexual abuse in a nursing home is any unwanted or non-consensual sexual contact with a nursing home resident. This is an incredibly horrific form of abuse, often occurring when nursing homes fail to vet or monitor staff members properly.
Victims may be unable to speak up due to fear or cognitive impairments, making it vital to recognize the signs. Victims may suddenly be fearful of certain people, have unexplained bruising, or have a mysterious STI.
Medical Malpractice
Medical malpractice includes negligent medical care that harms residents, such as improper medication administration, misdiagnosis, or failure to treat conditions like bedsores. Bedsores, also known as pressure ulcers, are a common sign of neglect when nursing home residents are not properly moved or cared for.
Negligence
Negligence in nursing homes includes failure to provide primary care needs, such as hygiene, nutrition, and hydration. Residents may suffer from poor hygiene, malnutrition, or dehydration, which can lead to severe health complications. In extreme cases, negligence can result in elopement, where residents wander off and are placed in dangerous situations.
Financial Abuse
Financial abuse involves the exploitation of a resident’s assets by caregivers or staff. This may include theft, forging signatures, or coercing the resident into altering financial documents. Elderly residents in nursing homes are often targeted due to their vulnerability and lack of oversight from family members.
Wrongful Death
In the most tragic cases, nursing home abuse or neglect can lead to the wrongful death of a nursing home resident. When nursing homes fail to provide proper medical care or protect residents from harm, surviving family members may file a wrongful death claim to hold the facility accountable for their loss.
Understanding Your Legal Rights
Nursing home residents are entitled to numerous federal and California state protections to ensure they receive proper care and are free from abuse or neglect.
The Nursing Home Reform Act of 1987 is a critical federal law that establishes fundamental rights for residents, including the right to live in a safe environment, access appropriate medical care, and be free from physical, emotional, and sexual abuse.
Under this act, nursing homes that receive Medicaid or Medicare funding must provide services that meet specific standards, including ensuring residents’ dignity and promoting their well-being.
In California, residents are further protected by state-specific regulations under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which safeguards elderly residents in nursing homes from abuse, neglect, and exploitation.
This law empowers victims of nursing home abuse and their families to file lawsuits and pursue financial compensation for physical injuries, emotional suffering, or financial exploitation.
Eligibility to File a Nursing Home Abuse Claim
A nursing home abuse claim can be filed by the victim themselves, a legal guardian, or a family member acting on behalf of the nursing home resident. In cases where the resident has passed away due to abuse or neglect, surviving family members may file a wrongful death claim.
Additionally, claims can be initiated by individuals with power of attorney, depending on the resident’s condition and legal circumstances.
Liability in Nursing Home Abuse and Neglect Cases
In nursing home abuse and neglect cases, multiple parties may be held liable for the harm caused to a nursing home resident. Abuse and neglect can stem from a range of issues, including poor staffing, lack of proper training, or intentional misconduct.
Holding the responsible parties accountable is crucial for protecting residents and preventing future abuse. Below are some examples of who can be held liable in a nursing home abuse case:
- Nursing Home Facility: The nursing home can be liable if it fails to provide a safe environment, maintain proper medical care, or hire and supervise qualified staff. Many nursing homes cut corners by being understaffed, leading to nursing home neglect and failure to meet federal and state guidelines.
- Nursing Home Workers: Individual nursing home staff members can be held responsible for physical abuse, emotional abuse, sexual abuse, or neglect of nursing home residents. If a worker engages in abusive behavior or fails to provide adequate care, they can be personally sued for their role in the harm.
- Third-Party Contractors: Sometimes, nursing homes outsource services, such as medical care, to third-party providers. These contractors can be liable for negligence or medical malpractice, such as administering the wrong medication or failing to treat bedsores.
- Management and Administrators: The nursing home’s management team can also be held responsible for failing to address systemic issues like nursing home neglect, undertrained staff, or ignoring reports of abuse. They must enforce policies that protect residents and ensure the facility operates under federal and state regulations.
How Our Los Angeles Nursing Home Abuse Attorneys Can Help
At Nursing Home Law Center, our experienced Los Angeles nursing home abuse attorneys have a proven track record of successfully handling nursing home abuse cases. We understand the complexities of these cases and work tirelessly to hold nursing homes and their staff accountable for the harm inflicted on nursing home residents.
Our team has helped numerous victims and their families pursue financial compensation for the abuse, neglect, and emotional trauma endured in nursing facilities. Here’s how we can assist you through every step of the legal process:
Free Case Evaluation
We offer a free consultation to review the details of your nursing home abuse claim. During this evaluation, we’ll discuss your situation, gather initial information, and help you understand your legal rights and options.
Case Investigation
Our legal team conducts a thorough investigation into the abuse or neglect, collecting medical records, interviewing witnesses, and reviewing the nursing home’s history. We leave no stone unturned in proving nursing home abuse, ensuring that all responsible parties are identified and held accountable.
Filing the Claim
Once we have gathered all the necessary evidence, our team will file a nursing home abuse lawsuit on your behalf. We handle all aspects of the filing process, ensuring that all legal requirements and deadlines are followed.
Settlement Negotiation
We can often negotiate a fair settlement with the nursing home or their insurance company. We use our experience and legal knowledge to secure maximum compensation for medical expenses, pain and suffering, and other damages while always keeping your best interests at heart.
Trial if Needed
If a settlement cannot be reached, our attorneys are fully prepared to take your nursing home abuse case to court. We have extensive trial experience and will advocate fiercely on your behalf to ensure that justice is served.
Common Signs of Elder Abuse Among Nursing Home Residents
There are 300 Medicare-approved nursing homes in Los Angeles, and a significant portion of these facilities are struggling with their overall ratings and inspections. Specifically, 178 of these homes, or 59.3%, have received an overall rating of below or much below average.
Health inspections are a critical concern, as 227 facilities, or 75.7%, scored poorly in this category. This suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.
Staffing levels also present challenges, with 159 nursing homes (53%) receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.
However, the situation is more optimistic regarding quality measures, as only 13 nursing homes (4.3%) received low ratings in this area. This indicates that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care. [1]
Recognizing the signs of elder abuse in a nursing home or assisted living facility is crucial for protecting your loved ones from harm. Abuse can take many forms, and some signs may be subtle, so it’s important to stay vigilant.
Below are some of the most common indicators of nursing home abuse:
- Unexplained Injuries: Physical abuse often leaves visible signs such as bruises, cuts, burns, or broken bones. If these injuries appear frequently or without a reasonable explanation, it may indicate that the resident is being abused.
- Bedsores and Poor Hygiene: Bedsores, or pressure ulcers, are a clear sign of nursing home neglect. They develop when a resident is not moved or cared for properly. Additionally, poor hygiene, such as unwashed clothing or soiled bedding, may suggest neglectful conditions in the facility.
- Sudden Changes in Behavior: Emotional abuse can lead to noticeable shifts in mood or behavior. A once sociable and active resident may become withdrawn, depressed, or anxious. Sudden outbursts of anger or fear around certain nursing home staff members could also be a red flag.
- Weight Loss or Dehydration: Malnutrition and dehydration are signs of a resident not receiving proper food or fluids. This can be a result of either nursing home neglect or intentional abuse, particularly in understaffed facilities where care needs are not met.
- Unexplained Financial Changes: Financial abuse may manifest as sudden or unusual withdrawals from the resident’s accounts, missing personal belongings, or unauthorized changes to legal documents like wills. Monitor the resident’s finances and report any suspicious activity.
- Fear of Nursing Home Workers: If a resident appears fearful or agitated around certain nursing home workers, it could indicate nursing home abuse. The victim may hesitate to speak up due to fear of retaliation or further harm.
- Poor Living Conditions: Unsanitary living conditions, such as dirty rooms, strong odors, or unsafe surroundings, are signs of nursing home neglect. Every nursing home resident has the right to live in a clean, safe environment.
If you notice any of these signs, it is essential to take immediate action to ensure the safety of your loved one and investigate the situation further. Nursing home abuse can escalate quickly, and timely intervention can prevent further harm.
What to Do If You Suspect Nursing Home Abuse
If you suspect nursing home abuse, it’s critical to take immediate action to protect the nursing home resident from further harm. Below are the essential steps you should follow:
- Call 911 if There is Immediate Danger: If you believe the resident is in immediate physical danger or needs urgent medical attention, call 911 right away. This ensures the resident’s safety and brings emergency services to assess the situation.
- Report to the Nursing Home Administrator or Management: Notify the nursing home administrator or management about the suspected abuse. They are responsible for the facility’s operations and must investigate the issue. Document any responses or actions taken by the facility after your report.
- File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office advocates for nursing home residents and investigates complaints about abuse, neglect, or poor living conditions. Filing a complaint with the Ombudsman initiates an independent investigation to address the abuse and ensure the resident’s safety.
- Contact a Nursing Home Abuse Lawyer: After ensuring your loved one’s immediate safety, contact an experienced Los Angeles nursing home abuse lawyer. They can help you understand your legal options, gather evidence, and file a nursing home abuse lawsuit to seek justice and compensation. A nursing home abuse attorney will guide you through every step of the process.
By following these steps, you can help protect your loved one from further harm and hold the nursing home accountable for any abuse or neglect.
Damages You Can Recover in a Nursing Home Abuse Case
Victims of nursing home abuse and their families may be entitled to various forms of compensation, known as damages, in a nursing home abuse lawsuit. These damages are typically categorized into three main types: economic, noneconomic, and punitive. Below are examples of each type of damage that you can recover in a nursing home abuse case:
Economic Damages
These damages cover the quantifiable financial losses suffered due to the abuse. Examples include:
- Medical bills: Costs for hospital stays, medications, surgeries, and ongoing medical care related to the abuse, such as treatment for bed sores or injuries from physical abuse.
- Rehabilitation costs: Expenses for physical therapy, counseling, or other forms of rehabilitation needed for recovery.
- Relocation expenses: The cost of moving the victim to another nursing home or assisted living facility after the abuse is uncovered.
- Funeral and burial costs: In wrongful death claims, families may recover the expenses related to their loved one’s death.
Non-Economic Damages
Non-economic damages compensate for intangible losses that don’t have a direct financial value but impact the victim’s quality of life. Examples include:
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the abuse or neglect.
- Emotional distress: Damages for psychological trauma caused by emotional abuse, including anxiety, depression, or PTSD.
- Loss of enjoyment of life: Compensation for the diminished quality of life experienced by the nursing home resident due to the abuse.
- Loss of companionship: For families, especially in wrongful death claims, this includes the emotional toll caused by the death of a loved one or their reduced ability to interact due to the abuse.
Punitive Damages
Punitive damages are sometimes awarded to punish the responsible party for particularly egregious behavior and deter similar future actions. These damages are typically awarded in cases where the abuse was intentional, malicious, or demonstrated gross negligence, such as:
- Willful misconduct by a nursing home staff member or the nursing home itself: This includes cases of sexual abuse or financial exploitation.
- Intentional harm: If the abuse was purposeful, punitive damages could be awarded to punish the offender and set an example to prevent future harm in similar cases.
By pursuing these damages, nursing home abuse victims and their families can seek justice and hold nursing homes accountable for the harm done. A skilled nursing home abuse attorney will work to maximize the compensation you receive and ensure that all aspects of the abuse are fully addressed.
The Cost of Hiring a Los Angeles Nursing Home Abuse Lawyer
At Nursing Home Law Center, we understand the financial stress that nursing home abuse victims and their families may face, which is why we work on a contingency fee basis.
You won’t have to pay any upfront legal fees to hire a Los Angeles nursing home abuse lawyer. Our law firm only gets paid if we successfully recover financial compensation for your case through a settlement or trial verdict.
This arrangement ensures that you can pursue justice without worrying about the cost of legal representation. If we don’t win your case, you owe us nothing—allowing you to focus on seeking justice and protecting your loved one.
You Have Limited Time to Take Legal Action in Los Angeles
If you suspect nursing home abuse in Los Angeles, it’s essential to act quickly due to the statute of limitations, which limits the amount of time you have to file a nursing home abuse lawsuit.
In California, the general statute of limitations for nursing home abuse cases is two years from the date of the injury or the discovery of the abuse. This time limit applies to most personal injury cases, including those involving nursing home neglect, medical malpractice, and wrongful death claims.
If you miss this deadline, you may lose your right to pursue financial compensation for the harm caused. It’s crucial to consult with a Los Angeles nursing home abuse lawyer as soon as possible to ensure your claim is filed within the legal time frame. Acting promptly not only preserves your legal options but also helps protect your loved one from further harm.
Contact a Los Angeles Nursing Home Abuse Attorney Today!
At Nursing Home Law Center, our experienced team of Los Angeles nursing home abuse attorneys has successfully represented countless victims and their families in nursing home abuse cases. We are dedicated to holding nursing homes and assisted living facilities accountable for their negligence.
We fight tirelessly to secure financial compensation for victims of elder abuse, neglect, and wrongful death. Our comprehensive legal knowledge and proven track record make us well-equipped to handle your case from start to finish.
If you or a loved one has suffered abuse or neglect in a Los Angeles nursing home, don’t wait to take action. Contact us today for a free consultation to discuss your case and explore your legal options. We are here to protect your rights and ensure that justice is served. Let our law firm help you seek the compensation and closure you deserve.
Call us at (800) 926-7565, or fill out our contact form
References: [1] Medicare