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How Can a Lawyer Help With a Nursing Home Abuse Case in California?

When your elderly loved one is facing nursing home abuse, they likely feel totally alone and isolated. In fact, this feeling of isolation plays into abuse on the part of caregivers, who prey on the fact that many residents of nursing homes have no one to protect them.

Of the many various laws and regulations that govern nursing home abuse in California, there is no actual requirement for hiring a lawyer when filing a claim. Still, having the expertise and resources of an experienced team behind you can make things much easier.

Get Help From Dedicated California Nursing Home Abuse Lawyers

The burden of nursing home abuse is difficult enough to face on your own, but working with our team of dedicated California nursing home abuse lawyers at Maison Law can help. Through our experience, we have developed a proven system of success in helping clients with nursing home abuse claims. If you believe that your loved one is suffering abuse or neglect in a nursing home, don’t hesitate to contact us today for a free consultation.

What Should You Know About Nursing Home Abuse in California?

Nursing home abuse is a serious, ongoing problem in California. It’s a rather broad topic that covers a wide variety of different conduct and treatment on the part of caregivers, but is generally understood to be any form of mistreatment, neglect, or exploitation of a resident. Specifically, it most often involves the following types of abuse:

  • Physical
  • Emotional
  • Financial
  • Sexual

According to data from the National Center for Elder Abuse (NCEA), there were 54.1 million elderly adults that resided in nursing homes or other care facilities in 2020. By 2040, it’s estimated that the number of those residing in nursing homes will increase to nearly 80 million.

In California, data from the Office of the Attorney General (OAG) found that there are:

  • 110,000 residents across 1,300 licensed nursing homes.
  • 150,000 residents in 7,500 other residential care facilities.
  • 150,000 more residents in unlicensed nursing homes or care facilities.

What this data underlies is not just the prevalence of abuse in nursing homes, but the sheer number of vulnerable residents. What’s worse is that this number is only expected to increase as time goes on. Compounding the problem is that many of the causes of nursing home abuse are related to inadequate care and understaffing. As residents increase, so too will the need for caregivers. Nursing home companies, while ostensibly there to provide safe, effective care for residents, are ultimately motivated by profit. Sometimes, this means putting residents in abusive or neglectful situations.

What Are Some of the Warning Signs of Nursing Home Abuse in California?

Recognizing the warning signs of nursing home abuse is crucial in order to protect the health and well-being of your elderly and vulnerable loved ones. While it can be difficult sometimes to observe abuse firsthand, there are always markers that abuse is occurring. Usually, nursing home abuse will include the following warning signs:

  • Bruises, cuts, burns, or other physical injuries
  • Unexplained injuries or illnesses
  • Sudden changes in behavior
  • Sudden declines in physical or mental health
  • Dirty living conditions
  • Untreated bedsores or other diseases
  • Malnutrition
  • Unusual financial activity
  • Unexplained absences from the facility
  • Staff reluctance to allow visitors
  • Dismissive or condescending attitudes from staff members

It is important to note that these signs can also be indicators of other issues, like an illness or simply declining health. Sometimes, further investigation is necessary to determine if abuse is actually occurring. However, as soon as you suspect abuse, it is important to report it to the appropriate authorities.

Liability in Nursing Home Abuse Cases

Under California law, nursing homes have a duty to provide residents with reasonable care and to maintain a safe environment. This includes protecting residents from abuse, neglect, and exploitation. If a nursing home fails to meet this standard of care and a resident is abused and harmed, any of the following parties can be held liable for damages:

  • The nursing home
  • The individual caregiver
  • The company that owns the facility
  • The company that is in charge of providing specific medical care inside the nursing home
  • The manufacturer of a defective instrument or medical device
  • Vendors or other private contractors

What is important to understand about a nursing home abuse claim is that they often are extremely complex. Not only that, but there are various rules and regulatory bodies that can be involved, on top of any pushback you get from the nursing home itself. This is why it’s important to keep your claim viable by working with an experienced nursing home abuse lawyer.

How Can a Lawyer Help With a Nursing Home Abuse Case in California?

Again, there is no legal requirement in California that says you must have a lawyer to represent you in a claim for nursing home abuse. At the same time, though, having the right lawyer around to help you navigate what can be an extremely complex process will only serve to take the burden off of you and your elderly loved one. That alone makes having a lawyer worth the trouble.

But there are several other ways in which an experienced lawyer can help you with a nursing home abuse case in California:

  • Investigating the case – Our lawyers can gather and review evidence related to the abuse, such as medical records, eyewitness accounts, and surveillance footage to confirm that abuse is occurring.
  • Advising on the legal options – As experienced nursing home abuse lawyers, we can evaluate your case and advise you and your family on the best course of action, whether it be filing a lawsuit or reporting the abuse to the authorities.
  • Representing the victim in court – Our lawyers have a wealth of experience in representing victims of nursing home abuse in court. We have a strong track record of arguing cases, using evidence and sound legal arguments to prove that abuse occurred and that the nursing home is liable.
  • Negotiating a settlement – Our lawyers can negotiate a settlement with the nursing home (through their insurance company) on behalf of your loved one. This will allow them to secure financial compensation for the harm that was done.
  • Ensuring that the victim’s rights are protected – Our lawyers can help the victim navigate the legal system and ensure that their rights are protected throughout the process.

Overall, having our team of experienced and dedicated nursing home abuse lawyers on your side can help you and your family navigate the complex legal process and secure the compensation they deserve for any harm that came from the abuse.

Work With Compassionate and Dedicated California Nursing Home Abuse Lawyers

At Maison Law, we strive to provide every client with a specific approach that is tailored to their particular case. When it comes to nursing home abuse, we will make sure to provide your elderly loved one with the respect and care that they deserve. No resident of a nursing home should have to suffer abuse, but when it happens, we can make sure that the nursing home is held accountable. To schedule a free consultation with our team, contact us today.

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