San Diego Nursing Home Abuse Lawyer
Those who harm the defenseless should be held accountable to obtain justice for victims and their family members and to prevent future abuse. If your elderly loved one has been abused in a nursing home, contact a San Diego nursing home abuse attorney.
Few actions are more appalling than intentionally harming a senior citizen, but, unfortunately, nursing home abuse is more common than you might think. An estimated 10 percent of elderly individuals are abused in one setting or another.
Finding out that your loved one has been abused by the very people tasked with taking care of him or her can leave you feeling helpless and unsure of what to do next.
Fortunately, a San Diego nursing home abuse lawyer at The Kindley Firm, APC, can help the family members of nursing home neglect and abuse victims file a claim for compensation against an abusive or negligent facility or provider.
Examples of Nursing Home Abuse and Negligence
Nursing home abuse can take many forms, including physical, psychological, and emotional. As the family member of an individual in an institution, you can usually tell the symptoms of abuse through a few warning signs.
For example, has your loved one lost a lot of weight? Has he or she become unresponsive to or suspicious of caretakers? Are there any unexplained sores, cuts, or other wounds?
Some common types of elder abuse include the following:
- Physical Force – Scratching, burning, biting, assaulting, threatening, or using an inappropriate amount of restraint
- Emotional Manipulation – Taunting, blaming, ridiculing, intimidating, isolating, tormenting, or ignoring the resident
- Sexual Coercion – Tricking or forcing an elderly resident into having sex
- Financial Exploitation – Cashing a resident’s check, stealing his or her money, or surreptitiously restructuring his or her will
- Physical Endangerment – Giving a resident a dangerous drug without good reason
- Deceptive Care Practices – Falsifying charts or health records
It’s not always easy to identify nursing home abuse, and these are just a handful of examples. If for any reason you suspect your elderly loved one is being abused or neglected, contact a San Diego nursing home abuse attorney.
Nursing Home Abuse Statute of Limitations
A prerequisite to filing a nursing home abuse claim in California is meeting the statute of limitations, which is two years. That means you have two years from the date you learn of the abuse to file a lawsuit.
Your San Diego nursing home neglect lawyer will make sure your claim is filed on time and that all the paperwork is completed correctly.
Proving Abuse or Negligence
For nursing home cases, you will typically name the owner of the facility, an individual staff member, or both in your claim. You will have to prove that the parties you name were negligent in their duty of care to your loved one.
California requires that nursing home patients are provided with a number of amenities, which include the following:
- Reasonable meal accommodation, either due to patient preference or dietary restrictions
- Adherence to national nutritional guidelines for meals
- Eating assistance for patients who cannot eat on their own
- Assistance with other daily activities, including bathing and dressing
- A well-kept environment, including the washing of clothes and removal of filth
Patients must also be given the choice of an on-premises physician, who is required to supervise their care at least once a month.
Not all nursing home abuse is intentional, but you can still pursue compensation for it. For example, many nursing home facilities suffer from a lack of adequate staffing, which can greatly affect patient care. Still, you can hold these facilities accountable for any suffering your loved one has endured as a result.
An experienced San Diego nursing home abuse attorney can help you identify which damages you are eligible to receive.
Your Legal Options
As with many civil legal matters, you have two primary options in a nursing home neglect or abuse suit: going to court or accepting a settlement.
While litigation can often award higher damages, settlements typically provide an influx of cash much more quickly.
Your attorney will listen to your needs and do what needs to be done to make them happen. If the negligent caretaker or facility won’t offer an adequate settlement, we won’t hesitate to take them to court.
Contact a San Diego Nursing Home Neglect Lawyer
All family members deserve to know that their relatives will be treated with respect and care in their assisted living facilities.
If your loved one has been abused at the hands of a provider, contact a San Diego nursing home abuse lawyer at The Kindley Firm, APC. Schedule a consultation by calling 619-550-1313 or filling out the online contact form below.