Elder Abuse / Nursing Home Abuse
California elder abuse is an all-too-common problem throughout our state. It occurs in many contexts, but in virtually all cases the law provides an avenue by which the victims can seek to hold the wrongdoer accountable for their actions. Reports from many advocacy groups continue to show that elder abuse occurs much more frequently than is ever reported. Unfortunately, most senior victims are physically, emotionally, and financially harmed without those involved ever being required to pay for the consequences of their negligence and at times intentional misconduct.
Nursing home neglect and abuse is perhaps the most common form of senior mistreatment. Many seniors are admitted to these facilities because they have unique vulnerabilities and need close care to ensure their well-being. Yet, far too often that close care is not provided, leading to serious harm and even death to those mistreated. Both state and federal nursing home care statutes dictate how nursing home companies and their employees must act to keep those who count of them free from harm. For example, these laws set specific requirements regarding how many hours of nursing care must be provided to each resident every day, the fall assessments that must be completed and followed for every resident, the training that must be provided to all employees, and many other issues. In addition, the “common law” rules of reasonable care must be followed by these facilities at all times. This means that any time that a resident is harmed while under the care of a nursing home, the victim and family can seek recovery for their losses if the facility should have reasonably prevented the harm.
Mistreatment at nursing homes frequently goes unreported because many friends and family members are unfamiliar with the signs of neglect. Some of the most common indicators of nursing home abuse include:
- Pressure sores (also known as “bed sores” or “pressure ulcers”) which are painful skin breakdowns that expose tissue and bone. They are almost always preventable if proper care is provided.
- Falls leading to broken bones, cuts, or even death
- Wandering residents that leave the facility or wing of the home without notice
- Improper nutrition or hydration leading to weight loss and other complications
The California elder abuse lawyer at Willoughby Brod, LLP is open to helping all those who have been hurt by the mistreatment of the elderly. Seniors who experience this abuse should be able to seek legal redress from those who failed in their caregiving duties. Similarly, the surviving family members of elderly victims who died because of inadequate care can use the legal system to ensure that those whose actions led to the death are held to account for their misconduct. As with all legal claims, timing is crucial when it comes to protecting ones legal rights after elder abuse and neglect. As soon as feasible, it is prudent to visit with a legal professional and share your story. It often takes time to collect necessary information to prepare for legal action, and so the earlier contact is made, the more secure one can be in knowing that time will not expire on their ability to hold those involved legally accountable for their actions. If you or a loved one is in this situation, please contact us today at (800) 427-7020 or (415) 397-1130. We can also be reached via email at firstname.lastname@example.org or you can send a message instantly via our online contact form.