Riverside Nursing Home Abuse Lawyer

Nursing home abuse is a serious concern affecting senior citizens in Riverside County and beyond. It is vital for victims and their families to seek legal assistance from an experienced Riverside nursing home abuse attorney. 

A skilled nursing home abuse attorney understands the legal protections under California law and can help families explore all available legal remedies. By taking swift action, families can help prevent further abuse and protect the rights of their elderly loved ones.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our priority is obtaining justice and fair compensation for those impacted by nursing home abuse. Our knowledgeable legal team has extensive experience in handling nursing home abuse cases with care, consistently achieving favorable settlements and verdicts.

We carry out detailed investigations to uncover every aspect of the abuse, including medical costs, emotional distress, and other losses, ensuring they are properly addressed. Our extensive knowledge of nursing home abuse claims allows us to advocate effectively and tirelessly on behalf of your rights.

Throughout the legal process, we provide compassionate guidance and clear communication, ensuring you and your loved ones remain informed, supported, and confident at every stage of your case.

Types of Cases Handled by Our Riverside Nursing Home Abuse Lawyers

Nursing home abuse occurs when elderly residents or dependent adults in nursing homes and assisted living facilities experience harm through neglect, mistreatment, or exploitation. At Nursing Home Law Center, our Riverside nursing home lawyers handle various types of abuse cases to protect the rights of vulnerable individuals and hold negligent parties accountable.

Physical Abuse

Physical abuse involves the intentional infliction of harm on an elder or dependent adult, such as hitting, pushing, or inappropriate use of physical or chemical restraints.

Mental and Emotional Abuse

Mental and emotional abuse occurs when residents are subjected to verbal threats, intimidation, humiliation, or isolation.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact with a resident. Due to their vulnerability, elderly individuals or dependent adults may be unable to defend themselves or report the abuse.

Medical Malpractice

Medical malpractice in nursing homes refers to failures in providing adequate medical care. Common examples include bedsores (pressure ulcers) caused by residents being left in one position for too long, medication errors, and failure to treat infections or other severe conditions.

Negligence

Nursing home neglect occurs when staff members fail to provide the basic care to maintain a resident’s health and well-being. This can result in poor hygiene, malnutrition, dehydration, or elopement (when a resident wanders unsupervised).

Financial Abuse

Financial abuse involves the exploitation of an elderly person or dependent adult’s financial resources. This may include unauthorized access to bank accounts, forging signatures, or coercing a resident to alter their will.

Wrongful Death

In the most tragic cases, abuse or neglect in a nursing home can lead to the wrongful death of an elder or dependent adult. Whether caused by severe physical abuse, untreated medical conditions, or neglect, wrongful death lawsuits seek justice for families who have lost a loved one due to nursing home abuse.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents, guaranteeing their right to receive proper care and live free from abuse or neglect.

One of the most important pieces of federal legislation is the Nursing Home Reform Act of 1987, which sets nursing home care standards and protects residents’ rights to dignity, privacy, and personal freedom. 

Under this law, residents have the right to be free from physical abuse, emotional abuse, and financial exploitation and to receive adequate medical care without fear of retaliation.

In California, additional protections exist under the Elder Abuse and Dependent Adult Civil Protection Act. This state-specific law allows for both civil and criminal actions to be taken against caregivers, facilities, or nursing home staff members who engage in or allow abuse or neglect. 

Residents also have the right to file complaints with agencies such as Adult Protective Services or the Riverside County Ombudsman Office, which investigate complaints and work to resolve issues of abuse or neglect in residential care facilities.

Eligibility to File a Claim

Depending on the situation, several parties can take action to file a legal claim. Nursing home residents can file a claim if they are able. If not, a family member, legal guardian, or a person with power of attorney may file a claim on behalf of the victim. 

Additionally, if the abuse has resulted in wrongful death, surviving family members have the right to pursue legal action for compensation and justice.

Liability in Nursing Home Abuse and Neglect Cases 

In cases of nursing home abuse or neglect, multiple parties may be held responsible for the harm caused to residents.

Nursing Home Facility

The nursing home can be liable if it fails to maintain proper staffing levels, perform adequate background checks, or enforce safety policies. For example, if a facility does not properly train its staff, leading to nursing home neglect or the use of unnecessary physical or chemical restraints, the nursing facility may be responsible for the harm caused.

Administrators and Supervisors

The nursing home administrators are responsible for overseeing operations and ensuring that all staff adhere to regulations. If administrators fail to investigate complaints or ignore reports of abuse and neglect, they can be held accountable for failing to protect the residents.

Nursing Home Staff

Nursing home staff members, including nurses, aides, and caregivers, can be directly liable for abuse or neglect. For instance, if a staff member uses physical force or mistreats a resident emotionally, they can be held accountable for the resulting harm.

Medical Professionals

Doctors, nurses, or other healthcare providers associated with the nursing home can be liable in cases of medical malpractice. This might involve neglecting a resident’s medical needs, such as failing to treat infections or making medication errors that harm the resident.

Third-Party Contractors

Many nursing homes outsource services such as medical care, food services, or maintenance to third-party contractors. If these contractors provide negligent care or contribute to the facility’s neglect (e.g., improper medication administration or poor hygiene), they can also be held liable.

How Our Riverside Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our team of experienced Riverside nursing home abuse lawyers is dedicated to providing comprehensive legal representation for victims of nursing home abuse and neglect. We have a strong track record of handling complex nursing home abuse cases and securing justice and compensation for victims and their families.

Free Case Evaluation

We begin by offering a free case evaluation to review the details of your case. During this initial consultation, we assess the situation and advise on the best course of action, all without any financial commitment. This step lets families understand their legal rights and options before moving forward.

Case Investigation

Once we take on your case, our attorneys conduct a thorough case investigation to gather the evidence needed to support your claim. This includes interviewing witnesses, reviewing medical records, and examining the conditions at the nursing home facility. 

Our detailed investigations ensure that all aspects of abuse or neglect, such as physical abuse, emotional abuse, or financial exploitation, are fully uncovered.

Filing the Claim

After gathering the necessary evidence, we assist in filing the claim against the responsible parties. This step is essential in formally initiating legal action and seeking compensation for the victim’s injuries, emotional trauma, and financial losses. Our attorneys are well-versed in California law and ensure that your case is filed in accordance with state regulations.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiation rather than going to court. Our attorneys are skilled negotiators working to achieve a fair settlement that covers medical expenses, pain and suffering, and other damages. We always strive for a resolution that meets the needs of our clients while ensuring justice is served.

Trial 

Our team is fully prepared to take your case to trial if a settlement cannot be reached. With extensive experience in the courtroom, we present a solid case to hold the negligent parties accountable. While trials can be more time-consuming, we are ready to fight for your loved one’s rights and ensure that justice is delivered when necessary.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Riverside, California, there are a total of 87 Medicare-approved nursing homes. Of these, 27 assisted living facilities (31%) have received an overall rating of below or much below average. 33 nursing homes (38%) rated poorly in health inspections, and 44 residential care facilities (51%) had inadequate staffing. Four nursing homes (5%) meet below-average standards. [1]

Recognizing the warning signs of elder abuse in nursing homes is essential for protecting the well-being of any vulnerable elderly riverside resident and dependent adults.

• Physical Injuries: Unexplained bruises, cuts, burns, or fractures are common signs of physical abuse. Nursing home residents who are victims of abuse may have injuries that don’t match the explanations given by staff.
• Emotional and Behavioral Changes: Emotional abuse often causes dramatic shifts in a resident’s behavior. Victims may become withdrawn, anxious, or depressed. Other signs include fear of certain staff members, refusal to participate in social activities, or displays of unusual aggression or agitation.
• Poor Personal Hygiene: Signs of nursing home neglect include poor hygiene, such as dirty clothing, untrimmed nails, or unbathed skin. If a resident appears unkempt or is frequently found in soiled bedding, it may indicate that nursing home staff members fail to provide proper care.
• Bedsores and Other Medical Issues: Bed sores (also known as pressure ulcers), untreated infections, or sudden weight loss can point to neglect.
• Financial Discrepancies: Sudden changes in a resident’s financial situation, such as unauthorized withdrawals from their bank account or unexplained changes to their will, are signs of financial abuse. Victims may also be coerced into giving away assets or be subjected to fraud by caregivers or others with access to their finances.
• Poor Living Conditions: Signs of assisted living neglect can be seen in the environment itself. Unsanitary living conditions, lack of basic supplies, or inadequate staffing levels in the nursing facility can all contribute to abuse or neglect.

The worst-rated nursing homes in Riverside include: 

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is a victim of nursing home abuse or neglect, it’s essential to act quickly to ensure their safety and hold those responsible accountable. Here are the key steps to take:

• Call 911 if Immediate Danger Exists: If you believe your loved one is in immediate physical danger, don’t hesitate to call 911. Emergency services can intervene to protect your loved one and remove them from the unsafe situation.
• Report to the Nursing Home Administrator or Management: Notify the nursing home administrator or management about the suspected abuse or neglect. They are responsible for overseeing the care provided by nursing home staff members and may conduct an internal investigation. Document the incident, including dates, times, and any visible injuries or behavioral changes.
• File a Complaint with Your Local Ombudsman’s Office: The Riverside County Ombudsman Office is an advocacy service for nursing home residents and their families. Ombudsmen investigate complaints of abuse, neglect, or poor care and work to resolve issues with the nursing home facility.
• Contact a Nursing Home Abuse Lawyer: It’s essential to consult with an experienced Riverside nursing home abuse attorney to explore your legal options. An attorney can help you pursue compensation, hold the nursing home accountable, and take legal action against those responsible. A lawyer can also assist in filing lawsuits and guiding you through the legal process while offering a free consultation to evaluate your case.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families are entitled to compensation for the harm they have suffered. Each type of compensation addresses different aspects of the abuse, helping victims recover from the financial, physical, and emotional toll of mistreatment.

Economic Damages

Economic damages are intended to compensate for the financial losses directly related to the abuse or nursing home neglect. These damages cover costs such as:

• Medical Expenses: This includes costs for treating injuries caused by abuse, such as hospital stays, medication, physical therapy, or long-term care.
• Relocation Costs: If your loved one needs to be transferred to another nursing facility or assisted living facility for safety reasons, the relocation costs can be included in your claim.
• Lost Wages: If a family member takes time off work to care for the abused resident or manage their affairs, they may be compensated for lost income.
• Funeral Expenses: In wrongful death cases, families can seek compensation for funeral and burial costs.

Non-Economic Damages

Non-economic damages are awarded to compensate for the emotional and psychological impact of nursing home abuse. These are more difficult to quantify but equally important in recognizing the victim’s suffering. Examples include:

• Pain and Suffering: Compensation for the physical and emotional distress caused by the abuse, such as chronic pain, anxiety, depression, or loss of enjoyment in life.
• Emotional Trauma: The mental suffering caused by physical harm, sexual assault, or emotional abuse can have long-lasting effects, and victims may be entitled to damages for the trauma they’ve experienced.
• Loss of Companionship: In cases where the abuse leads to the death of a resident, family members may seek compensation for the emotional loss of their loved one’s companionship and care.

Punitive Damages

Punitive damages are meant to punish the nursing home facility or responsible parties for especially egregious or intentional acts of abuse. 

These damages are not awarded in every case but are reserved for situations where the actions of the nursing home staff members or administration were particularly reckless or malicious. They serve as a deterrent to prevent future incidents of nursing home abuse.

The Cost of Hiring a Riverside Nursing Home Abuse Attorney

At Nursing Home Law Center, we understand that the financial burden of legal fees can concern families seeking justice. That’s why we operate on a contingency fee basis, meaning that you pay nothing upfront, and our fees are only collected if we successfully recover compensation for your case. 

In other words, if we don’t win, you don’t pay. This plan allows families to focus on the well-being of their loved ones without worrying about the cost of pursuing legal action.

You Have Limited Time to Take Legal Action in Riverside

If you suspect nursing home abuse or neglect involving your loved one, it’s crucial to act quickly. In California, a statute of limitations limits the amount of time you have to file a claim. Victims or their families have two years from the date of the abuse or injury to take legal action. 

This standard statute of limitations applies in most nursing home abuse cases; however, certain factors, such as when the abuse was discovered or the victim’s mental or physical capacity, can affect this timeline.

Failing to file a claim within the statute of limitations may result in losing your right to seek compensation. That’s why it’s essential to consult with an experienced Riverside nursing home abuse lawyer as soon as possible to ensure your case is filed in time and all necessary evidence is preserved.

Contact a Riverside Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of California nursing home abuse attorneys is dedicated to helping victims and their families secure justice. With a proven track record of handling nursing home abuse cases and holding negligent nursing homes accountable, we are committed to protecting the rights of vulnerable residents. 

Our compassionate and skilled legal team will guide you through every step, ensuring you receive the compensation your loved one deserves.

Call us at (800) 926-7565 or complete our contact form.

References: [1] Medicare