Sacramento Nursing Home Abuse Lawyer
Nursing home abuse and neglect occurs when caregivers in these facilities take advantage of the weakened physical and mental state of residents and do not provide them with the adequate care they deserve. Nursing home abuse often happens intentionally, while neglect refers to carelessness that leaves residents injured. Whether a resident is a victim of nursing home abuse or neglect, there is no excuse for it. With the help of a Sacramento nursing home abuse lawyer, victims of abuse or neglect can file a claim against the nursing home to seek damages that can help with the cost of their recovery.Types of Nursing Home Abuse and Neglect
Nursing home abuse and neglect is a broad term that encompasses many different forms of abuse and neglect. Some of the most common types of abuse include:
- Physical abuse: Hitting, pinching, biting, scratching, shoving, and hair-pulling are just a few forms of physical abuse in nursing homes.
- Sexual abuse: Any kind of unwanted sexual contact is considered sexual abuse in nursing homes. Residents may also not have the mental capacity to provide consent, which can also lead to sexual abuse.
- Psychological abuse: Yelling, criticizing, belittling, and shaming residents are all forms of psychological abuse.
- Neglect: Leaving residents alone, allowing them to wander alone, and failing to move residents regularly are all types of neglect in nursing homes.
It is important to understand that staff members are not the only perpetrators of abuse and neglect. Residents may harm other residents, as well. Still, nursing home staff members are responsible for ensuring this never occurs so none of their residents are harmed.Lawsuits vs. Insurance Claims
After learning that your loved one has been neglected or abused in a nursing home, you have two options for filing a claim for damages. You can either file a claim with the nursing home’s insurance company, or you can file a lawsuit against the home. Both have pros and cons, and a nursing home abuse attorney in Sacramento can help you decide which one is best.
When filing an insurance claim with the nursing home’s insurer, the process is typically much quicker than filing a lawsuit. However, insurance companies are more interested in protecting their client and keeping their revenue, so they are not working in your best interests. Lastly, all insurance policies have limits and you cannot seek damages that are in excess of these limits.
On the other hand, a judge or jury in a civil proceeding will be unbiased and will listen to all of the evidence objectively. If you are successful with your lawsuit, you can also receive much more than you would in an insurance claim. Unfortunately, due to court schedules and a process that involves discovery, as well as other steps in the process, a lawsuit can take much longer than an insurance claim.A Sacramento Nursing Home Abuse Lawyer is Here to Help
Learning that your loved one is a victim of nursing home abuse and neglect is devastating, and you are likely unsure of what to do next. At the Brod Law Firm, a nursing home abuse attorney in Sacramento can help you report the abuse, and determine which route is best for your case when seeking compensation. If your loved one needs help, call us at (800) 427-7020 or contact us online to schedule a free consultation.