When people make the difficult decision to put the care and treatment of their elderly loved ones into the hands of a nursing home, they rightfully expect the highest standards of excellence and professionalism from the entire staff. However, the harsh reality is that many assisted living facilities are understaffed and underfunded because of poor management. The result is that many people suffer from California nursing home abuse or California nursing home neglect each year. Read more to learn how these instances may be actionable at law though a personal injury or wrongful death case.
Types of California Nursing Home Abuse
California nursing home abuse has many potential root causes, most of which arise in the mismanagement of these facilities for maximum short-term profit. As a result, the care of your loved ones suffers. Some of the types of California nursing home abuse as defined by state law include:
- Physical abuse
- Sexual abuse
- Financial abuse
Sometimes, one type of abuse or neglect will be present at a given time. However, many types of abuse are often levied on seniors together, and are associated with psychological abuse that has the effect of keeping the victim silent. These types of abuse may be perpetrated to achieve a singular purpose—such as getting control over financial accounts—or may be carried out unintentionally as the product of critical underfunding or understaffing at the corporate level.
Signs of California Nursing Home Abuse/Neglect
California nursing home abuse and neglect can occur in unexpected places, and can arise at anytime. Therefore, if you see any of the following signs of abuse or neglect, you should consider seeking help or filing a complaint:
- Pressure sores
California Laws to Prevent Nursing Home Abuse or Neglect
The state of California is not oblivious to the problem of nursing home abuse and neglect. In fact, there are a number of state laws associated with the task of preventing elder abuse and bringing those responsible for it to justice. Three laws in particular which provide for criminal and civil penalties in California elder abuse cases are: the Elder Abuse and Dependent Adult Civil Protection Act, the Adult Protective Services program, and the Long-Term Care Ombudsman program. Additionally, there are personal injury or wrongful death lawsuits based in principles of negligence which hold nursing homes responsible for the financial damages caused by elder abuse or neglect.
What Can You Do to Stop California Nursing Home Abuse?
If you suspect your loved one is receiving insufficient care—or has been the victim of abuse—it is important that you act immediately. The first step you should take is to report the abuse to the proper authorities and move your family member to a safer place. Although there is no one standardized way to file a complaint against a nursing home for abuse or neglect, some good resources for getting started are the California Department of Consumer Affairs, California Department of Justice, and the California Advocates for Nursing Home Reform.
You should not stop with the filing of a complaint. Even if you do not consider yourself the suing type, you should consider the possibility of bringing a California nursing home abuse lawsuit against the owners or managers of the assisted living center who were ultimately responsible for the harm caused. Some of the financial compensation you may be able to receive as a result includes medical bills and ongoing care, reimbursement for costs, pain and suffering, and even wrongful death damages.
However, receiving compensation in a California nursing home neglect lawsuit is not as easy as just filing a few pieces of paper. The reality is that the insurance companies which cover these corporations will do anything in their power to avoid paying out money to you. This includes using every dirty trick in the book, even if they know deep-down they have no true defense. This means you need an experienced California nursing home abuse attorney to fight on your side.
Hiring a California Nursing Home Abuse Lawyer
If you or a loved one have suffered under the pain of California nursing home abuse or neglect, do not leave the important choice of legal representation up to random chance. Call an experienced California nursing home attorney at the Law Offices of J. Chrisp today. We can review any paperwork or settlement offer from the insurance companies in a free, no-obligation consultation, and give you the guidance you need to move forward on your potential claim. Call us today at 877-JCHRISP (524-7477) or contact us online anytime.