Nursing Home Misconduct
It is harrowing to learn just how many senior citizens are neglected and abused in nursing homes today. According to the National Center for Victims of Crime, 5% to 10% of reported elder abuse is physical, while 60% is verbal, and 14% involves neglect. This includes financial exploitation, gross neglect, physical abuse, psychological abuse, resident-on-resident abuse, and sexual abuse.
Unfortunately, approximately one-third of all nursing homes have been cited for violations, and California is no exception. If you or a loved one has suffered from nursing home misconduct, contact our experienced California nursing home abuse and neglect lawyers today to find out how we can help.
Abuse and Warning Signs
Some of the most common types of abuse that we see in nursing homes include:
- Emotional abuse
- Financial abuse
- Physical abuse
- Sexual abuse
Signs that this abuse might be occurring include the following:
- Neglected bills
- Bleeding and/or bruising
- Changes in your loved one’s estate planning documents, such as their power of attorney and/or will
- Malnutrition and/or dehydration
- Financial problems
- Unexplainable silence, especially around staff
Why is This Happening?
There are a number of factors that contribute to misconduct occurring at a nursing home or elder care facility. Some of the most common causes include the following:
- Negligent hiring
- Not enough staff, especially qualified nurses
- Lack of training
- Lack of supervision
- Inadequate security
- Medication errors
In order to successfully file a claim against a nursing home or elder care facility for misconduct, you and your attorney will need to prove that:
- The nursing home owed a duty to the victim;
- That duty was breached; and
- As a direct result, the victim was harmed.
Your attorney will need to gather as much information as possible concerning the relevant allegations, including evidence in the form of medical documents and expert testimony, witness testimony, and more. A number of laws are relevant to these claims, including but not limited to:
- Medicaid and Medicare laws
- The Nursing Home Reform Act
- The Elder Abuse and Dependent Adult Civil Protection Act
- The Social Security Act
- Nursing Home Resident’s (Patient’s) Bill of Rights
- California State Health and Safety Codes
Speak with an Experienced California Nursing Home Abuse and Neglect Attorney
These issues can be complex, and require not only extensive investigations, but specific legal experience. In addition to holding those involved responsible, victims and their loved ones can obtain compensation for injuries as well as punitive damages in some cases. This not only includes compensation for medical bills, but also any pain and suffering, disability, and in rare cases, punitive damages in certain types of elder abuse cases.
Our attorneys have decades of experience handling elder abuse claims, and the resources and dedication necessary to ensure that justice is done. To obtain more information on next steps, contact our experienced California nursing home misconduct attorneys today and schedule a free consultation.