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Nursing Home Neglect Attorneys
Beyond our children and the handicapped, there is perhaps no other group in our society as vulnerable to abuse as our seniors. As our population ages and the last of the baby boomers reach their 40s, more and more of us are turning to facilities outside the home such as assisted living and skilled nursing facilities to provide our care. Nursing home neglect can take many forms from medical negligence to outright neglect to physical and/or mental abuse. At EISENBERG LAW FIRM, we are specialists in identifying nursing home neglect and elder abuse and pursuing those responsible for the neglect and/or abuse. If you know or suspect someone you love is the victim of neglect and/or 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
- 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
Physical Signs of Nursing Home Negligence
- Open wounds, cuts, bruises, welts, and/or skin discoloration or deterioration
- Dehydration
- Malnutrition
- Loss of weight
- Burns
Emotional Signs of Nursing Home Negligence
- Sudden change in behavior
- Emotionally upset or agitated
- Extremely withdrawn or non-communicative
- Unusual behavior (sucking, biting, or rocking)
- Confusion or dementia
Nursing Home Claims
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.
An Overview
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.
| If you or someone you has been suffered abuse or injury as the result of negligence at a nursing home or elder care facility, call the offices of EISENBERG LAW FIRM at (949) 250-8000 or click here for our convenient online form. |
Injury Resource Center:
California Nursing Home Negligence Lawyers
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.
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