
Families trust nursing facilities to provide attentive care and see that their loved ones are treated with dignity and respect. Unfortunately, nursing home abuse and neglect can occur when residents are mistreated by greedy staff or suffer preventable injuries caused by understaffing, improper training, or careless mistakes. A Chino Valley nursing home abuse lawyer may explain your family’s rights if you find signs of abuse or neglect within a long-term care facility.
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The prevalence of abuse in nursing homes is higher than most people realize. Approximately one in six adults over the age of 60 reported having been abused in a communal setting in the previous year.
In establishments like nursing homes and long-term care facilities, there is a high rate of elder abuse. Two out of three employees report having abused an elderly person in the previous year. According to a review of recent research on elder abuse in institutional settings, 64.2% of staff members said they had abused an elderly person in the previous year.
Nursing home neglect can occur gradually or after a sudden event, like a medical emergency. Suddenly, your loved one may become withdrawn or scared around certain staff members. Unexplained bruises, frequent falls, infections, dehydration, bedsores, or unexpected weight loss can also be signs that your loved one isn’t receiving proper care.
Some nursing home residents become victims of financial abuse if staff members pressure them into signing a new will or changing their financial documents. Nursing home staff can also physically steal a resident’s belongings or gain access to their bank accounts without permission.
California enforces several nursing home abuse laws intended to prevent elderly abuse in nursing home facilities. California Welfare and Institutions Code section 15, otherwise known as the California Elder Abuse and Dependent Adult Civil Protection Act, allows victims of abuse (or their families) to pursue civil claims against anyone who intentionally abused them, was negligent in the care they provided, or abandoned the victim.
Abuse includes physical abuse, neglect, abandonment, isolation, financial abuse, or depriving the victim of goods and services needed to avoid harm. Nursing home residents have rights. Some examples of nursing home residents’ rights are listed below:
Families may decide to hire a nursing home abuse lawyer since these cases can become complex quickly. Nursing homes and their insurance companies might deny any allegations of abuse or negligence. They may blame a resident’s medical condition for injuries or downplay how serious an injury truly was. An attorney can help gather evidence by reviewing medical records, staffing documents, inspection reports, video surveillance, and witness interviews.
A nursing home abuse attorney in Chino Valley, California, can also clarify whether a nursing home broke California nursing home abuse statutes or fell below an acceptable level of care. Oftentimes, evidence is lost or removed soon after an incident takes place.
Because of this, it can be critical to move forward with a nursing home abuse case on time. Legal counsel may allow families to recover costs associated with medical bills, pain and suffering, relocation to another facility, and more.
In some cases, nursing home abuse is easy to spot. Injuries like bedsores or broken bones that cannot be explained may be evident. Some cases may require you to look closer at your loved one’s behavior and living conditions to spot signs of abuse. Take note of changes in behavior, unsafe living conditions, and interactions with caregivers that seem suspicious.
Document these observations by taking pictures, saving medical documents, and compiling detailed notes. Abusers often rely on victims not speaking up. If you believe your loved one is being abused or neglected, report it to your nursing home’s management and contact a lawyer.
It can be difficult to know how to file a claim against a nursing home. These cases often involve lengthy medical records, defense by corporate insurance companies, and grey areas such as whether an injury was caused by neglect or a failure to improve due to existing health conditions. Nursing homes may also deny any mistreatment or argue that a decline in health was inevitable.
The California definition of elder abuse is very broad. It includes physical abuse, neglect, abandonment, isolation, financial abuse, or exploiting an elder or dependent adult. This can mean dehydration, malnutrition, medication mistakes, bedsores, intimidation, or taking money from a resident. Under the California Elder Abuse and Dependent Adult Civil Protection Act, nursing homes and caregivers may be held civilly liable for their actions that harm dependent adults.
Examples of unethical nursing home conduct could consist of purposefully under-staffing a facility, forging patient records, disregarding patient complaints, restraining residents from visitors or phone calls, denying patients their medication, and neglecting to keep residents clean and fed. Nursing homes may attempt to persuade patients into receiving services they may not need or hide bruises from family members.
The ability to successfully file a claim against a nursing home varies greatly depending on the facts of your case. If negligence can be proven based on your evidence, which may include medical records, photos, professional testimony, and prior safety violations, you may have a more favorable case. However, nothing is certain, and every case is different.
If you believe your loved one has suffered nursing home abuse, connect with local law firm Belgum, Fry & Van Allen. We have the experience and resources to help you seek justice and get results. Contact us for more information.