legal resources necessary to hold negligent facilities accountable.
San Diego Nursing Home Abuse Lawyer
Nursing homes can be the best option for loved ones that can no longer care for themselves on a consistent schedule. These facilities are meant to provide quality care to family members who need round-the-clock medical care and a daily routine of personal assistance.
Nursing home abuse and neglect have been on the rise in recent years. According to the National Center for Victims of Crime, it is reported that as many as five million people are affected by elder care each year.
When mistreatment or neglect happens to your loved ones, you may feel discouraged, angry, or frustrated with the lack of care.
If your loved one has suffered neglect or abuse, it could lead to harm, physical injury, psychological effects, or even death. Call our affiliate nursing home abuse lawyers at Nursing Home Law Center toll-free at (800) 926-7565 to explore your legal rights.
All confidential or sensitive information you share with our California nursing home abuse attorneys remains private through an attorney-client relationship.Understanding Physical Abuse and Neglect of Nursing Home Residents
Elder abuse includes any intentional or negligent act by a caregiver or nursing home staff member that causes harm or pain to residents. Nursing home residents are the most vulnerable population and most likely to experience abuse and neglect. Because they cannot care for themselves, they depend upon the care from a nursing facility.
Older people are also more isolated than others, which leaves them vulnerable to potential abuse from their caretakers. Putting your loved one in a nursing home is often a difficult decision that families do not take lightly.
Nursing homes provide medical treatments and everyday grooming practices to their residents daily, often requiring medical training and nursing certification. At the very least, staff must be fully trained and updated on protocols to protect the patient from injury, harm, or invasion of privacy.
Some of the common services and treatments provided in San Diego nursing homes include:
- Bedpan changes
- Monitoring vital signs and weight loss/gain
- Help with eating/drinking
- Restroom assistance
- Assistance with mobility
When your loved one becomes a San Diego nursing home resident, you put their care in another’s hands. You trust staff members and caretakers to ensure your loved one is safe and protected while living in these facilities.Types of Abuse and Nursing Home Neglect
Nursing home negligence and abuse can occur in many different ways. It is essential to become familiar with the types of abuse common in a San Diego nursing home to prevent additional harm or danger to your loved ones.
A few common types of abuse and neglect occur in nursing homes in San Diego. Recognizing these abuse types and their common injuries can help you pursue a personal injury case if your loved one has suffered at the hands of a negligent nursing home.
There are the most common types of abuse in nursing home facilities.
Physical abuse is the most common form of nursing home abuse for many elderly residents. According to the National Center for Victims of Crime, roughly 27.4% of complaints against nursing homes were for physical abuse. This abuse occurs when the resident suffers illness, pain, or injury due to intentional physical force. In severe cases, physical abuse can cause severe injury or wrongful death.
Warning signs of physical abuse include bruises or cuts on the body, head trauma, bone fractures, unexplained injuries, or untreated injuries that may be in various stages of healing.
Verbal abuse can include yelling at residents, talking inappropriately to them, or threatening them. When a San Diego nursing home staff member publicly shames or uses name-calling toward a resident, it can lead to emotional harm.
When you notice your elderly relatives start to act differently or become quiet and anxious around certain staff members, you may want to start taking a closer look at their interactions.
Emotional suffering can also occur if residents are mistreated in a nursing home. Psychological abuse may not always be noticeable until there are signs of negative behavioral changes. Emotional abuse may cause them to become depressed, withdrawn, silent, or disengaged in events they used to enjoy.
Although psychological abuse may be more difficult to detect without physical signs, you can look for indications of emotional trauma. Your loved one may be in emotional distress, withdrawn from everyday activities, or suffer from self-neglect.
Neglect can occur when nursing homes do not meet the resident's basic needs. This may include failure to provide them with water, food, or access to personal hygiene. You may notice your loved ones losing or gaining too much weight, or you may see them start to look different in appearance. A nursing home staff may also fail to meet their medical needs, which can even result in wrongful death.
Neglect can result in poor hygiene and personal care, malnutrition, failure to diagnose or recognize medical issues, or unsafe and unsanitary living conditions. In severe cases, neglect can even cause severe illness or death.
Nursing home negligence involves not properly supervising residents, providing physical harm or injury to residents, and financially abusing vulnerable patients.
Sexual abuse may be the most shocking type of abuse that occurs in San Diego nursing home facilities. This happens when unwanted sexual acts are forced upon a resident. When a caregiver takes advantage of their position and forces sexual interactions on a resident in their care, they can be liable for both personal injury and criminal charges.
Victims of many sexual abuse cases will show bruises or lacerations around the breasts or genital region. They may also have unexplained sexually transmitted diseases or issues with incontinence. Many people may also show signs of emotional distress, such as withdrawal, depression, or even suicidal tendencies.
Many caregivers and nursing home staffers may exploit or illegally use a resident’s money while in their care. Those over age 65 are 34% more likely to lose money in financial fraud than those in their 40s.
Financial abuse can occur when a caregiver illegally accesses one of the following from a resident:
- Property and personal items
Many residents have dementia or have a diminished mental capacity, making them vulnerable to financial abuse and exploitation from those around them.
A nursing home resident may also suffer from these other types of abuse, such as:
If you or your loved one have suffered from San Diego nursing home abuse, you will want to have a free case evaluation to assess your personal injury case.
Our San Diego attorneys are reputable and experienced in dealing with nursing home abuse cases. We are here to help you seek the compensation you deserve from the negligent facility.Signs of Nursing Home Abuse
According to the World Health Organization (WHO), “Rates of abuse of older people are high in institutions such as nursing homes and long-term care facilities, with 2 in 3 staff reporting that they have committed abuse in the past year.” Dependent adults living in nursing home facilities in San Diego rely on their caregivers for everyday needs.
Nursing home patients require daily personal care, medical attention, and attention. Because they live in nursing homes full-time, they may be vulnerable to abuse and neglect.
Nursing homes must uphold standards and follow protocols to provide care and medical treatments to their residents. They must provide necessary services to protect their residents from injury, harm, or dangers.
When your loved one is living in a nursing home, you want to be attentive to the care and treatment they receive. Pay attention to any warning signs that your San Diego nursing home is not providing safe, reliable, or proper care to its residents.
Common signs of abuse and mistreatment in a nursing home include:
- Unsanitary conditions
- Unexplained injuries
- Broken bones, especially hips
- Unreported illnesses
- The patient is afraid to speak in front of caregivers
- Heavily medicated patients
- Frequently sick patients
- Frequent injuries requiring emergency attention
- Sudden behavioral changes or unusual behavior
- Harm to other patients
When you notice any warning signs, you will want to talk with your loved one to learn more about the incident or harm.
If you suspect your loved one has suffered from mistreatment, abuse, or neglect at the hands of a nursing home staff member, you will want to talk with legal authorities and personal injury attorneys who can help you pursue compensation for your loved one’s injuries, pain, and suffering, or wrongful death.Common Causes of Nursing Home Neglect and Abuse
There are a variety of different factors that can affect the care of those living in San Diego nursing homes. A lack of resources or poor training can result in improper practices and poor care inside the facility, leading to pain, harm, or, in severe cases, wrongful death.
The most common causes of San Diego nursing home abuse include:
Nurses and caregivers need proper training, education, and certification to care for a dependent adult. This involves routine and updated training practices to learn new protocols, and sometimes the nursing home fails to provide these resources.
Management may also take shortcuts to save money by hiring less experienced staff members, resulting in poorer quality of care.
Understaffing or Overworked Employees
A San Diego nursing home may have more residents than caregivers, leading to a decreased quality of care. When staff becomes overworked, they may also fail to take their time and provide each nursing home resident with their needs, resulting in poor hygiene practices, malnutrition, or improper treatment.
Overworked staff members are also more likely to verbally abuse their residents by taking out their frustrations, yelling, or becoming angry on the job.
Once a staff member is hired, they need to be thoroughly trained on all the practices, policies, and procedures at the nursing home. They should also be informed about each of the nursing home residents to understand the needs of each patient. Without proper training, they may cause harm to a resident resulting in injury or pain.
Negligent Hiring Practices
Nursing home abuse in San Diego can also result from faulty hiring practices. Before hiring any staff, management needs to pursue thorough background checks.
These checks ensure that these individuals do not have a history of criminal offenses, poor work performance, or violent, aggressive behavior. Without this thorough investigation, they may hire employees more likely to perform elder abuse.
When you seek legal action with our reputable law firm, we will determine the cause of your loved one’s nursing home negligence in our free consultation. Contact us for your free consultation on your personal injury claim today.How to Report San Diego Nursing Home Abuse
Do you suspect negligence or abuse of your loved ones in a San Diego nursing home? You will first want to protect the dependent adult by:
- Removing them from the facility,
- Arranging different care, or
- Bringing them home with you until the matter is resolved.
Their health and safety are the top priority.
After protecting them from additional harm or injury, you will want to contact Adult Protective Service (APS) in their San Diego office. Adult Protective Services will work to investigate the nursing facility and its practices.
Once you file your complaint, you should reach out to a nursing home abuse attorney who can file your personal injury claim. Our legal team will work on proving abuse to gain compensation for your family member.Why You Should Hire a Lawyer from Our Law Firms with Experience in Nursing Home Abuse Cases
If you or your loved one has been the victim of elder abuse or nursing home neglect, you may be eligible to receive compensation for your personal injury.
Our affiliate nursing home abuse lawyer in San Diego is knowledgeable and experienced in this particular case. We can provide those who have suffered abuse with the advocacy and voice they deserve.
When you hire a law firm in the San Diego metro, you will start with a free case evaluation of your claim. We will assess your case and determine the best course of action to maximize your settlement with any liable parties and their insurance company.
The experienced team at our law firm will work to:
- Gather evidence - You may have to fill out many forms, provide medical records, show receipts of medical bills, and obtain photographs or video evidence to support your claim.
- File your claim - Our lawyers will take care of all the legal paperwork to get your claim filed with the court.
- Negotiate Your Settlement - A law firm will work hard to get you the maximum settlement possible to cover your pain, suffering, and any other costs associated with your elder abuse.
- Handle the Trial - If your case goes to court, an experienced trial attorney will fight for the compensation you deserve to get you the best outcome possible.
Filing a personal injury claim in San Diego is the first step to compensation for your injury caused because of the negligence of another person or facility.
Our reputable law firms will gather evidence, speak to eyewitnesses and fight to get you the compensation you deserve for your pain, suffering, or wrongful death.
You may be eligible to receive compensation for:
- Medical expenses, such as prescription medicine, treatments, surgery, or physical therapy
- Restitution of any financial expenses that were lost or stolen
- Emotional distress
- Pain and suffering
- Wrongful death costs, such as burial expenses
There are many legal options when you are the victim of elder abuse at the hands of a negligent nursing home.How Nursing Home Residents and Their Families Can Receive the Legal Help They Need
Your loved ones may have trouble finding the resources they need to receive the justice they deserve. After suffering abuse and neglect, they may also be afraid to come forward.
Dependent adults need to feel confident, knowing their safety and health are the ultimate priority. Our affiliate law firms will ensure that they get the compensation and justice for the pain they have suffered.
Our attorneys will:
- Explain your legal options once we review your case details
- Ease your concerns and answer all of your questions regarding your case
- Help you file complaints with the nursing home
- Investigate the incident by interviewing witnesses and collecting evidence of the injury or misconduct
- Provide evidence to prove that the nursing home violated laws and regulations
- Take additional legal civil action against the negligent nursing home
By working with our legal team, you can act against the wrongdoing and ensure that the negligent party is held responsible.Contact a San Diego County Nursing Home Abuse Attorney
Contact us today to schedule a free consultation with one of our San Diego nursing home abuse attorneys. Through legal advocacy, we can gather the information needed to investigate and provide you with legal advice.
Our affiliate law firms work with local law enforcement to take any criminal and legal action against responsible parties under California law.
We will also review your legal rights with you and let you know what you can expect from the legal process. If for any reason, we fail to recover compensation on your behalf, you are assured that our services will be free of charge.
Contact us for your free case consultation to save on legal fees with our experienced personal injury attorneys today.