Nursing Home Abuse
Attorneys In Los Angeles
When a family decides to commit a loved one into a nursing home, it is one of the most important decisions that family can make: you are trusting the nursing home with your loved one’s life. Unfortunately, this makes the reality all too problematic: nursing homes often do not provide the care they are paid to provide.
Nursing home residents are vulnerable – they are an easy target. Nursing home staff that are guilty of negligence or abuse often believe that the residents’ fragility, forgetfulness, and/or inability to fight back means they can get away with it. Our nursing home abuse attorneys fight to hold them to account.
That is not to say that all instances of negligence are a result of malicious staff. Often, staff are overworked, underpaid, unqualified, and work in high-stress environments. This means mistakes can happen and, ultimately, makes negligence more likely. But these factors are not an excuse — without proper care, nursing home residents’ lives are being put at risk.
We fight against negligent and abusive nursing homes to put your loved ones first.
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Experienced Attorneys On Your Case
Identifying Signs Of Nursing Home Abuse
According to National Ombudsman Reporting System data, 14,258 out of nearly 190,000 complaints that were reported to Ombudsman programs in 2014 involved either gross negligence, exploitation, or abuse. However, this does not tell the full story:
A 2008 report by the US General Accountability Office showed that this might even be an underestimate.
It was estimated that around 70% of state surveys miss one or more deficiency, and 15% of surveys miss physical harm or the threat of immediate physical harm.
Abuse can lead to emotional and psychological trauma, physical trauma, financial troubles, social problems, medical problems and hospitalizations.
How will you know if your loved one is being abused in a nursing home?
Nursing homes sometimes do their best to conceal the abuse, and often your loved one might be too scared to speak out.
Here are signs to look out for if you suspect a loved one might be being abused in a nursing home:
Unexplained injuries such as
bruises, cuts, and various other injuries
Malnourishment or unexplained weight loss
This could be a sign that nursing home staff are not properly looking after your loved one. However, weight loss can also be an indicator or many other naturally occurring illnesses.
Unexplained financial transactions
This may be a sign that nursing home staff are using your loved one’s finances without permission.
Mental health issues
Abuse can be extremely traumatic, resulting in depression or anxiety
Unexplained changes in behavior
Abuse can take a psychological toll on the victim and could make them fear social interaction;
Nursing homes are required to provide proper care to their residents – if your loved one gives off a bad smell that is out of character, or unclean, it could be the result of negligence or improper care
What to Do if You Suspect Abuse
Under the law in California, legal action is permitted against nursing homes where abuse has occurred.
So what is meant be ‘abuse’? It can include, but is not limited to, these types:
Nursing homes owe their residents a duty of care. This means the staff must take all reasonable steps, within the scope of their employment, to avoid causing injury to the residents. For example, negligence would occur where a resident of a residential nursing home is not provided with food or drink.
This occurs where residents suffer injuries to the person as a result of actions by the staff or fellow residents. Some examples of physical abuse would include biting, grabbing, punching, hitting, sexual abuse, pushing, and all other acts that have the potential to result in injury.
Residents of nursing homes are often vulnerable. That may mean nursing home staff, who are in positions of power, see their residents as easy targets. Emotional abuse may include manipulation, threats to safety, public/private humiliation, insults, and any other steps to cause the resident emotional distress
Where these instances of abuse have occurred, you must contact our personal injury attorneys to examine your case. You should do this as soon as is reasonably possible, as there may be time sensitive aspects of your case. You should try to note down as many details of the abuse you can, and take any pictures of physical injuries if it is possible. This will help our attorneys to navigate through your claim.
Where abuse has occurred, it is also important to get medical or professional help.
What Damages Can You
Be Compensated For?
Compensation can be obtained for losses that are a result of the abuse. These can include:
Compensation to cover medical bills/care;
Compensation for loss of earnings;
Compensation for physical pain and suffering;
Compensation for emotional pain and suffering;
COVID 19 & NURSING HOME
The global pandemic has ravaged the United States, but it has had a particularly devastating effect on nursing homes:
a recent report released by the Federal Government indicated that at least 25% of all COVID-19 deaths across the nation had links to nursing homes.
Generally speaking, nursing home’s could be held liable where their residents catch and/or pass away from COVID-19.
The answer is largely dependent on the facts of the case. Nursing home professionals, as we have discussed above, owe their residents a duty of care. In this case, that means that they are required to take all steps, within the scope of their employment, to protect their residents from COVID-19.
Negligent behavior may include their staff not wearing personal protective equipment such as masks.
Contact us as you may be able to take legal action for damages.
Why Choose Us
Our personal injury attorneys have a bona fide track record of winning Injury claims. We win claims not just through our extensive understanding of the law, but through our compassion and interpersonal skills. We understand what it is like for victims of abuse, so we emotionally invest ourselves in our claims to ensure an equitable outcome.
What differentiates us from other law firms is that we go above and beyond for our clients. We thoroughly investigate nursing home records and any previous evidence of recorded abuse in the home; we investigate details that will indicate whether any staff have previously committed misconduct, in their personal life or otherwise; and we call on experts to appropriately link our clients’ injuries to the nursing home.
Do not hesitate – call us today for a free consultation.