San Jose Nursing Home Abuse Lawyer

San Jose is the largest city in Central California and home to a diverse population that includes numerous senior citizens and people with disabilities.

For many San Jose families, giving their disabled or elderly loved ones the care they need means checking them into a nursing home. Sadly, some nursing homes become hazardous environments to vulnerable patients instead of being havens where they receive proper care and attention.

Nursing home abuse is a growing public health issue in the US, including Santa Clara County. If your loved one was the victim of elder abuse, neglect, or mistreatment in a nursing home, you have the legal right to seek compensation for your family’s losses.

The affiliate California personal injury lawyers at Nursing Home Law Center, LLC defend the legal rights of nursing home residents and help families recover financial compensation for their pain and suffering.

Call our San Jose nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) or use the contact form for a free consultation. All confidential or sensitive information our clients share with our legal team remains private through an attorney-client relationship.

Nursing home abuse is the intentional or unintentional mistreatment of a nursing home resident, resulting in physical injury, mental distress, or death. Perpetrators of nursing home abuse can be employees, visitors, and other residents.

Elder Abuse

Over 90% of nursing home patients are aged 60 and above, making elder abuse the most common type of nursing home abuse. By definition, it is the intentional or unintentional mistreatment of an older adult (60 years and above), resulting in physical or mental harm.

Who is Most at Risk?

Although anyone can become a victim of mistreatment in a nursing facility, these groups have a higher risk:

• Elderly residents
• Women and children
• Residents with physical or mental disabilities
• Patients with degenerative diseases
• Patients in understaffed nursing homes

Nursing home abuse encompasses many different subtypes, including:

• Physical Abuse: The intentional use of physical force against a nursing home patient, resulting in physical pain or injury. Acts of physical abuse include but are not limited to slapping, kicking, shoving, burning, and confinement without a medical reason.
• Emotional Abuse: The infliction of psychological harm to a patient through verbal or non-verbal acts, including verbal assault, intimidation, isolation, etc.
• Sexual Abuse: Any non-consensual sexual contact with a nursing home resident, including unwanted touching, groping, verbal sexual harassment, and rape.
• Financial Abuse: Illegal or unauthorized manipulation of a resident’s resources, including bank accounts, credit cards, and valuables, could be considered financial exploitation.
• Neglect: The willful or passive failure to provide a nursing home patient’s basic needs, such as food, water, medicine, treatment, shelter, and clothing. Whether intentional or unintentional, neglect is considered abuse.

Nursing facilities are more prone to cases of abuse and neglect if the following problems are present:

• Understaffing
• Poorly trained or underqualified staff
• Poor management
• Overcrowding
• Lack of physical resources (e.g., equipment, space, medical aids)

Nursing home abuse does not always manifest through physical signs. Moreover, some signs of abuse may mimic those of a traumatic brain injury or a degenerative disease (e.g., dementia). Families must pay close attention to their loved ones to stop nursing home mistreatment before it becomes worse.

Common signs of nursing home neglect and abuse include:

• Unexplained injuries (e.g., bruises, cuts, burns)
• Broken bones
• Broken eyeglasses
• Sudden changes in behavior or personality
• Being extraordinarily withdrawn or non-communicative
• Loss of enjoyment in usual activities
• Refusal to be alone with specific staff members
• Malnutrition and dehydration
• Poor personal hygiene
• Unsafe or unsanitary living conditions
• Worsening of existing conditions

Victims of nursing home abuse may suffer the following consequences:

• Serious injuries (e.g., fractures, spinal cord trauma, traumatic brain injuries)
• Disability
• Loss of quality of life
• Psychological trauma
• Reduced family or social ties
• Monetary losses

In worst cases, nursing home abuse can lead to wrongful death.

If you suspect nursing home abuse, quick action is crucial. Call San Jose law enforcement to investigate your suspicions. But if you think someone in the nursing home is in immediate danger, call 911 as soon as possible. Remove your loved one from the premises, if possible.

Then, speak directly with a personal injury lawyer to see how you can prove the nursing facility's fault (legal liability). Once you determine fault, your legal team will help you file a personal injury claim against the nursing home to recover financial compensation for your family.

Who Can File a Case?

The following individuals can file a case on behalf of the injured party:

• Immediate family members (children, parents)
• Cousins, siblings, aunts, uncles
• Dependents
• Will executors

Liable Parties

Perpetrators of nursing home mistreatment may include:

• A nursing home staff member
• A visitor
• Another patient
• The owner or operator of the facility

In some cases, there may be multiple parties at fault. A free consultation with one of our San Jose nursing home abuse attorneys will help you determine who should be held liable for your loved one’s abuse or neglect.

Eligible Damages

With the help of a nursing home abuse lawyer, you could recover the following damages from the responsible party:

• Medical Bills: Treatment costs for your loved one’s injuries or trauma, including hospitalization, medication, therapy, and emergency transportation
• Disability: Compensation for disability-related damages (e.g., mobility aids, rehabilitation, physical therapy) if your loved one becomes disabled from the mistreatment.
• Pain and Suffering: Compensation for your loved one’s physical pain, mental anguish, and emotional distress.
• Loss of Quality of Life: Compensation for your loved one’s reduced quality of life resulting from the abuse or neglect.
• Punitive Damages: Exemplary damages used to punish at-fault parties for their misconduct and deter them from repeating their actions in the future
• Wrongful Death: Compensation for damages resulting from your loved one’s untimely death, including funeral and burial costs, grief counseling, and medical expenses. If the deceased is your spouse, you could also include loss of consortium (compensation for adjusting to a life without your spouse).

Evidence of Abuse

These forms of evidence may prove crucial to your personal injury claim:

• Medical records
• Photos and videos of your loved one’s injuries
• Video evidence of the mistreatment (e.g., security camera footage)
• Witness accounts from staff members, visitors, and other residents
• Police and incident reports
• Expert testimony

The amount of evidence you have acquired may determine the value of your settlement. Thus, gathering as many relevant documents as possible is best.

Filing a Civil Lawsuit

Once you file a personal injury claim against your loved one’s San Jose nursing home, the facility’s insurance company may offer you a settlement. You can accept the offer or have your Santa Jose lawyer negotiate.

If you accept the offer, you can no longer file for additional damages or sue the defendant in court unless there are extraordinary circumstances in your case. That said, seek legal advice before signing any financial document from the nursing facility’s insurance adjuster.

If negotiations are unsuccessful or the nursing home denies responsibility for mistreating your loved one, you could file a civil lawsuit. A judge or jury will hear the case, assess evidence from both sides, and determine a verdict.

The Statute of Limitations in California

California residents have two years from the date of the incident or the discovery of the mistreatment to file a personal injury case. If the injury is discovered later, the deadline extends for another year.

File your case as soon as possible to avoid losing evidence and recover compensation sooner rather than later.

The Role of Lawyers in Nursing Facility Abuse Cases

Working with a lawyer is imperative to obtaining fair compensation for your family’s losses. An experienced attorney can help you:

• Investigate the mistreatment and prove the liability of responsible parties
• Determine the extent of your damages
• Gather evidence to support your claim
• File the case within the statute of limitations
• Negotiate settlement values
• Counsel your loved one throughout the legal process
• File a civil lawsuit, if necessary
• Fight for your case during litigation

Call the local authorities as soon as possible if you suspect nursing home abuse, be it on your loved one or another resident. If the police find evidence of egregious mistreatment, they could file criminal charges against the at-fault parties.

Apart from San Jose police, you can report nursing home abuse to the local Adult Protective Services (APS) agency in Santa Clara County. The California Advocates For Nursing Home Reform (CANHR) also helps families of senior citizens report abuse to appropriate offices in Santa Clara County.

You may also want to report to the Office of the State Long-Term Care Ombudsman (OSLTCO). They handle reports of abuse in nursing homes, assisted living facilities, and other long-term care institutions.

Did your loved one suffer injuries, mental trauma, or wrongful death due to their nursing home’s negligence? If so, we can help you take legal action against the parties responsible for your loved one’s pain and suffering.

The affiliate personal injury attorneys at Nursing Home Law Center, LLC seeks justice for victims of mistreatment in Santa Clara County nursing homes. Our affiliated lawyers help clients resolve legal issues concerning abuse or neglect in nursing homes, including but not limited to elder abuse, physical injury, and wrongful death.

Call (800) 926-7565 (toll-free phone number) or use this online contact form to schedule a free consultation with one of our Santa Clara County attorneys. Our affiliated lawyers handle all accepted cases on a contingency fee basis, meaning our clients won’t pay unless we recover compensation.

All sensitive information you provide during your free case evaluation will remain confidential under an attorney-client relationship.

Resources:

• National Institute on Aging - Older Adults Abuse
• Help Guide - Elder Neglect