Elder Abuse Attorneys
Beyond our children and the handicapped, there is perhaps no other group in our society as vulnerable to abuse as our seniors. Elder abuse takes many forms including the more obvious, physical abuse, and less obvious, financial abuse. This vulnerability was appreciated by our Legislature which enacted a body of law (Elder Abuse and Dependent Adult Civil Protection Act) to protect these individuals. Elder abuse can occur in a myriad of different settings and is not restricted, as many believe, to events occurring in assisted living facilities or nursing homes. At EISENBERG LAW FIRM, we are specialists in identifying elder abuse and then pursuing those responsible for the abuse. If you know or suspect someone you love is the victim of abuse, we can help!
Nursing home negligence occurs when a resident is abused or neglected in a nursing home. Nursing home negligence can result in nursing home deaths, falls resulting in broken bones, malnutrition, dehydration, decubitus ulcers and residents wandering off the nursing home premises and injuring themselves. Because the nursing home industry has become a multi-billion dollar business comprised of major corporations, efficiency and profitability have often become more important than administering proper care. For this reason, both federal and state governments have introduced legislation to protect residents of nursing homes.
Factors leading to Nursing Home Negligence
Physical Signs of Nursing Home Negligence
- Poor personal hygiene
- Withholding medication or over-medication
- Incorrect body position
- Lack of assistance with eating and drinking
- Unsanitary and unclean conditions
- Dirt, soiled bed, fecal or urine odor
Emotional Signs of Nursing Home Negligence
- Open wounds, cuts, bruises, welts, and/or skin discoloration or deterioration
- Loss of weight
Nursing Home Claims
- Sudden change in behavior
- Emotionally upset or agitated
- Extremely withdrawn or non-communicative
- Unusual behavior (sucking, biting, or rocking)
- Confusion or dementia
The two primary types of nursing home claims that require legal assistance are cases involving nursing home negligence or cases involving nursing home abuse. Negligence claims arise when the nursing home staff unintentionally provides inadequate care or maintenance. This staff may include the doctors, nurses, nursing assistants, therapists, or even administrators. In each case involving nursing home negligence, it is necessary to hire an expert to conclude that the staff violated their particular standard of care. There are several state and federal guidelines which require nursing homes to provide a clean and safe living environment. These guidelines also require the nursing home to provide adequate supervision. The staff also must follow the doctor's orders. Any failure on the part of the staff to fulfill their duties can give rise to a cause of action by the harmed patient.
Rights of Nursing Home Residents
Nursing home abuse is a crime.
Compensation for Nursing Home Negligence
The residents are entitled to compensation for several reasons, including physical pain and suffering, past present and future, mental pain and suffering, past, present and future, and/or permanent disability, disfigurement and medical expenses present, past and future. If the negligence involves the violation of the Nursing Home Act, attorney fees and punitive damages (if applicable) are recovered.
While the population is getting older, it is unfortunate that many institutions are not taking care of the elderly as mandated by state and federal law. Some nursing homes act as warehousers of the elderly versus taking on the necessary responsibilities of providing skilled nursing services to their residents. Elder Law is little understood by most Americans, but its intention is to protect the elderly from abuse, neglect, negligence, broken bones, accidents and wrongful death in nursing homes. In the past year, complaints against nursing homes in one state are up over 60%. Medication errors are rampant, facilities are under-staffed and unsanitary. Patient neglect, substandard care and injuries from dangerous products, procedures or restraints are only a few of the dangers that the elderly may face.
Injury Resource Center:
The car accident, automobile accident, aviation accident, airplane crash, catastrophic injury, toxic tort, personal injury, wrongful death, medical malpractice, nursing home negligence, negligence, product liability, hospital negligence, funeral home negligence or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a personal injury attorney or wrongful death lawyer at our Southern California law firm.
California Elder Abuse Lawyers