Any abusive situation is likely to have extremely negative effects on the abused person. Whether the abuse happens between a married couple, at work, or anywhere else, it can impact the person’s overall physical and mental health. Worse yet, when the abuse occurs in a nursing home, it is a further betrayal of your elderly loved one.
Nursing home abuse is not only a common problem in California but throughout the country. The reality is that residents in nursing homes are extremely vulnerable. This vulnerability comes from their mental and physical condition, as well as the fact that they require one-on-one care and treatment on a daily basis. Often, this leads to abuse, which can have serious effects on your elderly loved one’s quality of life.
Experience and Dedication From Maison Law
At Maison Law, our team of dedicated California nursing home abuse lawyers understand the position that your elderly loved one is in when they are placed in the care of a nursing home. When these facilities and their caregivers try to take advantage of your elderly loved one’s vulnerability and condition, we will be there to help you hold them accountable. Schedule a free consultation with our team today to better understand your options.
What Does Nursing Home Abuse Look Like in California?
Nursing home abuse is a widespread problem throughout the country precisely because it can take multiple forms and very rarely occurs in the open. As a general definition, nursing home abuse involves any type of mistreatment of a resident. Most often, nursing home abuse involves the following forms of abuse:
- Physical
- Emotional
- Financial
- Sexual
The top priority of any nursing home should be the effective care of its residents, but very often, nursing homes are usually only concerned with making a profit. Companies that own and operate nursing homes try to cut costs wherever they can, which has a negative effect on the staff, residents, and even the facilities themselves. When these issues come to the forefront, nursing home abuse is usually the outcome. In terms of what nursing home abuse looks like in California, it typically manifests in the following ways:
- Failing to provide residents with basic needs such as food, water, or hygiene
- Lack of proper medical care, leading to untreated illnesses and injuries
- Medication mismanagement or neglect
- Lack of proper supervision, leading to accidents and falls
- Failing to maintain a clean and safe environment
- Inadequate staffing levels, leading to abuse, stress and burnout of staff
- Failing to assist with activities of daily living, such as bathing, dressing, and using the restroom.
Because nursing home abuse can have such devastating effects on residents, California goes to great lengths to investigate and regulate the industry. The Department of Public Health is the agency that is responsible for investigating complaints of abuse, and also regulating how these facilities operate. While it has significant resources at its disposal, it’s still often up to the individual to recognize the warning signs of abuse and report it when they begin to suspect it’s happening.
What Effects Do Nursing Home Abuse Have on Residents in California?
In looking at the effects of nursing home abuse, it’s clear that it can have extremely serious and lasting effects on residents. Worse yet, the abuse often not only has an effect on your elderly loved one’s physical condition and emotional and psychological condition as well.
Some of these effects include:
- Physical harm – Nursing home residents may experience physical harm such as bruises, cuts, and broken bones as a result of abuse. This is usually the most direct effect of abuse, as it immediately impacts your loved one’s well-being.
- Emotional distress – Residents may suffer from anxiety, depression, and fear as a result of being abused and mistreated. Often, nursing home abuse only adds to the resident’s already fragile emotional state.
- Loss of independence – In some cases, residents may be unable to perform basic tasks and activities, such as bathing or eating, as a result of physical or emotional abuse. This response is extremely problematic, as it can lead to hygiene and other issues that result in serious medical problems.
- Decline in health – Neglect and abuse can lead to a direct decline in a resident’s physical and mental health. Not only will they begin to break down physically because of injuries, but their mental state will begin to deteriorate as well from the betrayal of trust that the abuse causes.
- Financial exploitation – One often overlooked form of nursing home abuse is financial in scope. When residents are being financially exploited by staff members, it can lead to the loss of their savings and assets. This is one practical effect of abuse that can cause further issues on top of physical and mental stress.
Even though the effects of nursing home abuse are well-known, it can still be difficult to detect abuse. However, there’s always warning signs that may arouse suspicion. Understanding what these signs are can help you figure out if your elderly loved one is indeed being abused in their nursing home.
How To Recognize Nursing Home Abuse in California
Watching out for nursing home abuse can be a challenge, especially because you can’t be by your loved one’s side at all times. Most often, abuse occurs when your loved one is isolated and away from other residents. While every nursing home resident needs some level of one on one care, this also makes them very vulnerable to abuse. Still, there are some common warning signs that present themselves when you think your loved one is being abused:
- Signs of physical harm, like sudden cuts or bruises
- Unexplained weight loss
- Unexpected changes in behavior
- Being socially withdrawn from activities
- Bedsores or other hygienic issues
- Failure to respond to requests for assistance
- Improperly administering of medications or medications going missing
- Not responding to concerns about conflicts between residents
- Showing disrespect or poor attitudes toward residents
Depending on the circumstances surrounding the abuse of your elderly loved one, there may be multiple parties that would be liable for any damages. Legally speaking, any party that is negligent in the care of your loved one would be considered responsible for any injuries and other effects of abuse.
What Can Be Gained From a California Nursing Home Abuse Claim
Once you can confirm that abuse is happening to your loved one, they have the right under California law to pursue a claim for damages. As a personal injury case, nursing home abuse does have a two-year statute of limitations from the date the abuse began, so it’s important to act quickly to meet that deadline.
Still, once it’s determined that a claim is a viable option, the following damages are available:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages and earning capacity
- Loss of consortium
- Punitive damages
- Loss of quality of life
- Cost of moving to a new care facility
- Physical therapy and rehabilitation
- In cases of wrongful death, funeral and burial expenses
Even though these damages are available in a claim, every nursing home abuse case is unique. This means that, ultimately, the extent of what your loved one could gain from a successful claim depends on the circumstances that surround their case. However, working with our team of experienced nursing home abuse lawyers can help put their claim in the best possible position to succeed.
Connect With Maison Law To Schedule a Free Consultation
The effects that nursing home abuse can have on your elderly loved one are very serious and not to be taken lightly. Even the immediate physical harm abuse can cause is enough to try to fix the situation, but the mental and emotional effects can make an already tragic situation much worse. If you believe your loved one is being abused at their nursing home, don’t hesitate to contact Maison Law today for a free consultation.
