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Not only can these seniors be at greater risk for acts of intentional physical or emotional abuse, but they can also be more likely to suffer injuries if they do not receive the level of care they need. When you suspect a family member has been the victim of abuse or neglect in their nursing facility, you need to contact an experienced Pasadena nursing home abuse and neglect attorney right away. At the Southern California Nursing Home Law Group, our team specializes in nursing home abuse cases throughout Southern California, including those in Pasadena.
It is imperative to hold the responsible parties who injured your loved ones accountable for their actions. If you are a resident of a nursing home or other long-term care facility and have suffered physical or psychological harm because of your caregiver's negligent or intentional acts, a nursing home abuse lawyer can help. When nursing home neglect leads to bed sores, it can be incredibly painful for the victim and can often result in death. In fact, bed sores are the leading cause of death in nursing home residents. Our law firm’s Los Angeles nursing home neglect attorneys will use their knowledge and experience to put up a vigorous argument for your claim, helping you and your family secure the justice your loved one deserves.
Get legal help from a nursing home neglect lawyer in Los Angeles or Ventura
Infections Nursing home residents are more at risk of infections due to weakened immune systems, increased age, and underlying chronic diseases. However, it is more challenging to diagnose and treat them in a timely way. If you or a loved one suffered harm due to an infection that could have been prevented or that was not adequately treated, you may be able to recover damages in a lawsuit. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. The number provided represents the number of attorneys at the firm that have been selected to the Super Lawyers or Rising Stars lists.
Falls — Because nursing home patients are susceptible to falls, facilities are required to develop a care plan at the time a patient is admitted. The care plan must include a risk assessment of the patient to determine the assistance he or she will need to move around the facility safely. When caregivers fail to provide adequate supervision, patients can be injured from falls caused by wet floors, improper bed height, poorly fitted wheelchairs, and other hazards. Nursing homes have an obligation to prevent falls by ensuring that there is adequate staffing to ensure patients are properly supervised. The Elder Abuse and Dependent Adult Civil Protection Act, or Elder Abuse Act, was enacted in California in 1982, and it was one of the first laws in the US specifically designed to help seniors fight back against abuse. In 1991, the Elder Abuse Act was amended to create additional incentives for prosecuting abusive individuals and facilities.
Protect Your Rights with an Experienced Los Angeles Nursing Home Abuse Attorney
The aim is to help provide more continuity, and ultimately success, in such cases. California has also implemented specialized forensic review teams to more effectively identify and respond to suspected cases of elder neglect and abuse. Nursing home neglect is different from abuse, yet still very harmful to the victim.
It is important to know that you are not alone and there are people who can help you through this difficult time. If you think your loved one is being sexually abused in a nursing home, it is important to take action immediately. You can notify Adult Protective Services that supports for sexual abuse victims. You can also speak with an attorney who can help you file a lawsuit against the nursing home.
Take Action! Contact a Los Angeles Elder Abuse Lawyer for a Free Consultation
In order to navigate through the complex process of evaluation of damages, you need the assistance of a Los Angeles elder abuse attorney who is the top specialist in the field. A defendant nursing home or assisted living is found to be guilty of committing elder abuse with fraud, malice, oppression, or recklessness. Cherepinskiy Law Firm, as the Los Angeles elder abuse lawyer, firmly believes that familiarity with all developments in this field is key to obtaining successful outcomes for clients.
It is essential to be fully informed as you help your loved one transition into the care of a nursing home or assisted living facility. Often the best source of information can be a reference from a trusted friend or family member, but this may not always be possible. Coordinate a Zoom meeting, Skype, Facetime, or conference call with our LA nursing home abuse lawyer. Inadequate training of staff members – When a nursing home facility fails to properly provide its staff members with the necessary information need to do properly do their jobs, it can result in the staff accidentally hurting residents. For instance, assisting residents in or out of bed without the proper support can result in them falling and shattering hips or back. Families of nursing home residents who have been sexually abused often feel alone and scared.
The California Court of Appeals reversed the trial court’s ruling and held that the trial court abused its discretion. The Mack court concluded that health care providers, including physicians, could face liability pursuant to the Elder Abuse Act for their neglect in the provision of medical services. Specifically, the court held that both types of professionals – care custodians and health care providers – have the responsibility for the safety, health and welfare of dependent adults of elders. In the 1990’s, it was also common for health care providers to argue that the Elder Abuse Act was not applicable to them no matter how egregious their actions were. Throughout the state, in the absence of California case law interpreting the elder abuse statute, trial courts reached different and inconsistent results.
A fall can also result in a fatal traumatic brain injury such as a subdural hematoma . Some facilities may also use physical restraints as an inappropriate “fall prevention” method – for example, when bed rails are used to prevent an assisted living resident from falling out of bed. Bed rails present a significant safety risk because they often lead to fatal rail entrapments. Among skilled nursing facilities, the most prevalent cost-saving technique is understaffing. As a result, overworked, underpaid, and frustrated nurses either don’t have the incentive to or are simply physically unable to provide adequate medical care to elderly patients. Professional medical care and custodial services (the Court made the same comment in Delaney, 20 Cal. 4th at 34).
Nursing home abuse can take many forms but is most commonly committed by over-worked and underpaid staff members. This abuse can be physical, emotional, financial, or even sexual in nature. It can also be neglect or failure to take care of an elderly person who can no longer look after themselves. To determine liability, it will be important to have an experienced San Bernardino nursing home negligence lawyer assess your case. In the meantime, the following are some questions you can ask yourself to consider whether the nursing home could be responsible for damages resulting from a fall. Finally, if elder abuse on the part of a nursing home or assisted living facility resulted in the death of a loved one, then compensation can be sought in a Wrongful Death action.
If your loved one is suffering from bed sores, broken bones, dehydration, malnutrition, bruises, or other concerning symptoms in a nursing home or assisted living facility, you should contact us. The unfortunate reality is that many nursing home and assisted living facilities simply cannot maintain adequate staffing or the required number of nurses and medical professionals on hand. This puts a tremendous burden on the facilities as they attempt to provide care for the elderly in their charge.
Every year, California residential care facilities for the elderly, licensed by the Department of Social Services, serve as a home for more than 170,000 residents. Elder Angels is a California advocacy group dedicated to stopping financial elder abuse. They provide information on financial abuse, fraud, and scams and support services to victims and their families. Under California law, certain surviving family members may be legally entitled to pursue compensation if their loved one dies due to the negligence or malice of another party. A wrongful death claim can allow family members to recover damages for the losses they’ve suffered due to their loved one’s wrongful death. In California, victims of nursing home abuse may be able to recover financial compensation for the losses they’ve suffered due to their injuries.
You should get in touch with an experienced Orange County nursing home neglect lawyer who can help you with your case. Cognitive Disorders Cognitive disorders that may affect nursing home residents include dementia, Parkinson’s, and Alzheimer’s. Residents with these conditions may suffer from disorientation, memory loss, speech difficulties, or an inability to see people and places. Nursing homes must properly supervise and monitor patients who have cognitive disorders to make sure that they are protected from preventable harm. A resident who is left unsupervised may wander away or fall or otherwise be harmed.
Elder Abuse is a Crime
As the struggle to protect nursing home residents and staff from the virus carries on, the Los Angeles County Department of Public Health has developed a COVID-19 Dashboard for Skilled Nursing Facilities. The dashboard is a collection of self-reported data on COVID-19 tests performed, persons diagnosed, and COVID vaccination coverage in Los Angeles County skilled nursing facilities. This free online tool is another valuable resource you can use when evaluating potential care options for your elderly loved one in LA. If you have lost a loved one as a result of elder abuse or neglect in a nursing facility, please contact our law firm today for a free case evaluation.
The elderly are also the most helpless and vulnerable people in our society. Cherepinskiy Law Firm, as a Los Angeles elderly abuse lawyer, has the knowledge, skills, and resources to make sure the offenders who violate the law are brought to justice. NCEA provides statistics and background about elder abuse and serves as a national resource center for seniors who are abused and/or neglected.
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