Table of Content
- Aggressive representation for nursing home sexual assault victims across California
- Statistics Regarding Elderly Population and Elder Abuse
- Typical Signs of Elder Abuse and Elder Neglect
- Types of Nursing Home Abuse
- Covenant Care v. Superior Court
- Is Elder Neglect the Same as Negligence? Ask Los Angeles Nursing Home Neglect Lawyer
- Nursing Home Restraints: Can I File an Abuse Claim?
- Elder Abuse is a Crime
Failure to supervise staff – A nursing home facility can also be responsible for any resulting abuse to residents if it fails to properly and adequately supervise staff members to prevent the misconduct. Staff drug abuse or alcohol addiction – Nursing home facilities may also be on the hook for any harm caused to residents as a result of a staff member neglecting his or her duties due to drug use. In order to practice law in California, attorneys have to both pass the California bar exam and be admitted by the State Bar of California. Most attorneys in California graduate from an accredited law school but some lawyers are admitted through on-the-job experience for a minimum of 4 years and through passing an additional legal exam. After a lawyer is admitted to law practice in California, they can practice in almost any area of law. Poor hiring practices that allow unqualified personnel to work in nursing homes, such as people with criminal backgrounds, put the elderly at risk.
The court noted that the hospital did not withhold or deny any treatment or services to Mr. Grant. Although the hospital’s efforts were not successful, the hospital did actively undertake to provide care and treatment aimed to save Mr. Grant’s life. If you have concerns about abuse or neglect at a nursing home, one of our Los Angeles County nursing home abuse attorneys can help. Our Los Angeles nursing home neglect lawyers have seen neglect and abuse arise under a variety of circumstances.
Aggressive representation for nursing home sexual assault victims across California
Physical restraints include tethering residents by their ankles or wrists to beds or tucking them too tightly into bed. These can be harmful to the physical and emotional well-being of residents. They do not reduce the risk of falls and may be used just to make a resident easier to handle.
This includes getting an increased award, recovering additional damages, avoiding financial problems in the future, and avoiding future disputes and litigation. Some legal areas even allow the lawyer to recover legal fees from the party at fault. Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.
Statistics Regarding Elderly Population and Elder Abuse
Other infections – such as outbreaks of scabies and MRSA [Methicillin-resistant Staphylococcus aureus] – are common at nursing homes and assisted living facilities, and can be fatal. Dehydration and malnutrition due to elder neglect can also result in a fatality. This resident must be transferred to a facility that is equipped to provide a higher level of care, such as a nursing home. However, the assisted living would keep the resident in order to continue billing for their services, especially if this is a “private pay” resident.
Usually, there is a plan in place for a patient to return to home or assisted living after the rehabilitation. Elder Neglect is significantly different from Medical Malpractice / Negligence. When proving elder neglect, the level of culpability that must be established is higher than ordinary negligence. The CCAL provides an array of information regarding assisted living and facilities.
Typical Signs of Elder Abuse and Elder Neglect
Not enough people are well-educated about the common warning signs and the resources available for reporting neglect. Reported that federal centers for Medicaid and Medicare announced estimated adjustment rate cuts of $16 billion in nursing home funding over the next ten years. Because the majority of the nursing home industry is funded by Medicare and Medicaid, such cuts can result in worker layoffs, reduced services, and closed facilities. A product of the recent economic recession, reduced funding presents a significant challenge as the largest segment of the U.S. population leaves the work force, with many baby boomers in need nursing home care. This perfect storm of supply failing to meet demand spells potential disaster for seniors, forecasting that elder care is one area that may bear the brunt of the nation’s economic squeeze.
More typically, chemical restraints are used to subdue and sedate residents for the convenience of the staff, rather than for the best interests of the resident. Facilities resort to sedating residents with psychotropic drugs when they are understaffed and do not have enough time to supervise and re-direct residents suffering from cognitive disorders like dementia. If restraints were used improperly or abusively, such that harm resulted, it may be possible to hold a nursing home accountable for compensatory damages. It also may be appropriate for a nursing home abuse lawyer in California to request punitive damages if restraints were used by the nursing home for fraudulent or malicious purposes. Los Angeles County is home to 409 skilled nursing homes and over 1,000 assisted living facilities for the elderly serving over 100,000 senior Angelinos every year. And while most nursing facilities in Los Angeles provide satisfactory care to their elderly residents, too many are being held responsible for the neglect and abuse of the patients that reside within.
Given the severe nature of these cases, it is imperative to work with a law firm that understands how the laws work and what defenses to expect from the nursing home’s legal counsel. Our lawyers are well-versed in important laws like the Elder Abuse and Dependent Adult Civil Protection Act. We have handled hundreds of cases and are ready to help you with your Pasadena nursing home abuse case. The decision to place a family member into a nursing home is difficult. Narrowing down your choices for the right Pasadena nursing home or assisted living facility can be a stressful process. There are so many options in Los Angeles County, so how do you know you are choosing the best option for your family member?
You can also file a lawsuit against the nursing home for damages paid by the facility's insurance company. The Barnes Firm’s experienced personal injury attorneys focus exclusively on accident cases. Make efforts to frequently visit your loved one at a nursing home or assisted living facility. Unscheduled visits are always better, because they provide an opportunity to potentially “catch” the wrongdoers “in the act”.
Southern California experiences year-round high temperatures, but the summer months can be particularly intense in Orange County. People of all ages can experience heat-related injuries due to exposure, but older adults can be particularly susceptible to heat-related injuries as a result of their increased susceptibility to dehydration and health complications. When a nursing home resident does experience an injury as a result of the heat, the nursing home could be negligent.
Our clients are quite upset with the nursing home or care facility. They have put their trust in a nursing home for their loved one, and now an injury has occurred. We take action to ensure that all medical costs, treatment and post-treatment accommodations are recovered, and that a full and fair result is achieved in your case. Bed sores, fractures, infection, and wrongful death are not acceptable outcomes of a healthcare residency. If you suspect your loved one’s needs were neglected inside a California facility, consult with our Los Angeles elder abuse attorney today.
Nursing home neglect can take many different forms in San Diego County. In some cases, a senior in a nursing home or assisted living facility might be harmed as a result of willful deprivation, where a staff member refuses to provide the senior with the medications, medical devices, or care they need. Under most circumstances, however, nursing home neglect is not intentional. Yet just because a nursing home or assisted living facility in San Diego County does not intend to cause injuries or any other type of harm does not mean that the facility cannot be held accountable. For example, falls are some of the most common causes of death of assisted living residents and nursing home patients. When an elderly person is considered a “fall risk”, the facility must implement a care plan with appropriate fall precautions – i.e. low beds, floor mats, non-skid socks, and bed alarms.
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