Our Experienced Lawyers Challenge Nursing Home Abuse And Neglect
Nursing home abuse is a serious issue that affects some of the most vulnerable members of society. This abuse can be physical, emotional, financial and neglectful. Despite regulations and oversight, instances of mistreatment still occur, often going unnoticed or unreported due to the victims’ inability to communicate effectively or fear of retaliation.
When families suspect or discover nursing home abuse, it can be shocking and confusing. Speaking with an experienced personal injury lawyer can help to ease that burden. Our lawyers have the knowledge and experience to navigate the complex landscape of elder law and protect the rights of vulnerable people. We will help you gather evidence, interview witnesses and work with medical professionals to build a compelling case. We are strong advocates for the victims and their families, seeking justice and compensation.
At McMurray Henriks, LLP, we hold abusers accountable and aim to deter future misconduct by helping you file a civil or criminal case. Our message is that our community will not tolerate nursing home abuse. By taking legal action, families can help improve the standards of care and safety for all residents, ultimately contributing to a more just and compassionate society.
What Is The Difference Between A Civil And A Criminal Case?
One of the distinctions between criminal and civil cases is the level of proof the court needs. In criminal cases, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. On the other hand, civil cases have a lower threshold of proof, known as a “preponderance of the evidence,” which means it must be more likely than not that the defendant caused the harm. Each type of case follows different legal processes and statutes of limitations.
In California, nursing home abuse is against the law. It is a crime. The person responsible for the abuse or neglect can face various criminal charges, such as assault, battery, sexual assault, rape or exploitation. If found guilty, they could face penalties like jail time, fines, community service and paying restitution to the victim.
The purpose of a criminal case is to punish the abuser for breaking the law. Filing criminal charges against an abuser can also highlight issues in nursing homes that do not protect their residents. Besides criminal charges, the victim or their family can file a civil lawsuit for additional justice.
Both criminal and civil charges can be brought against the same person for nursing home abuse. However, it is often more effective to hold the assisted living facility responsible for its employees’ actions. This approach can result in higher financial compensation for the victim because these long-term care facilities typically have more insurance coverage than individual employees. It also ensures that the nursing home or senior living facility is held accountable for not protecting residents.
Our nursing home abuse lawyers can answer your questions and provide the legal counsel you need to make sound decisions when you are contending with neglect of your loved one at an assisted living residence, long-term care or senior living facility.
What Are The Signs Of Abuse Or Neglect In A Nursing Home?
Recognizing signs of abuse or neglect in a nursing home, senior living facility or long-term care facility is crucial to ensuring the safety and well-being of residents. Here are 10 signs that may indicate abuse or neglect:
- Unexplained injuries: Bruises, cuts, burns or fractures that cannot be satisfactorily explained by the resident or staff
- Poor hygiene: Residents appearing unclean, with dirty clothes, unkempt hair or signs of inadequate personal hygiene
- Weight loss or malnutrition: Significant and unexplained weight loss, signs of dehydration or malnutrition
- Bedsores or pressure ulcers: Development of bedsores or pressure ulcers, especially if they are severe or untreated
- Emotional withdrawal: Sudden changes in behavior, such as withdrawal, depression, anxiety, or fearfulness around certain staff members or residents
- Unsanitary conditions: Dirty or unsafe living environments, such as soiled bedding, foul odors or infestations
- Overmedication or sedation: Signs of overmedication or unusual sedation, which could indicate misuse of medications to control or sedate residents
- Financial irregularities: Unexplained financial transactions, missing personal belongings or sudden changes in financial situations
- Lack of mobility assistance: Residents not receiving proper assistance with mobility, leading to falls, injuries or being left in bed for extended periods
- Staff behavior: Seeing staff members being verbally aggressive, dismissive or neglectful, or residents expressing fear or discomfort around certain staff.
This list is not exhaustive. If you suspect abuse or neglect, it is important to report it to the right authorities immediately.
Essential Evidence To Prove Nursing Home Abuse Or Neglect In California
When you suspect nursing home abuse or neglect, gathering evidence is crucial. In California, this evidence can support your case and help protect your loved one. We understand that this process can be stressful, so we are here to guide you at every step.
To build a strong case, you should consider collecting the following types of evidence:
- Photographs and videos: Document any visible injuries or unsafe conditions in the facility.
- Medical records: Obtain records that detail treatments, medications and any changes in health.
- Witness statements: Speak with staff, other residents, or visitors who may have observed neglect or abuse.
- Facility records: Request records of staffing levels, inspections and previous complaints.
- Financial documents: Look for any unusual transactions if financial abuse is suspected.
By gathering this evidence, you can help us build a compelling case. Remember, the sooner you act, the better we can protect your loved one and seek justice. If you have questions or need assistance, please reach out to us. We are committed to helping you navigate this challenging time.
Steps To Take If You Suspect Nursing Home Abuse Or Neglect
If you suspect abuse or neglect in a nursing home, your loved one’s safety should be your top priority. You may feel uncertain about what steps to take, but you must still act quickly and decisively. We understand how difficult this decision can be, and we are here to support you.
Before removing your loved one from the facility, consider these critical steps:
- Assess immediate danger: If your loved one is in immediate harm, call 911 right away. Emergency services can provide the necessary intervention.
- Communicate with staff: Speak with the nursing home staff to express your concerns. Sometimes, issues can be addressed with their cooperation.
- Document everything: Keep detailed notes of your observations, conversations and any incidents. This information can be vital if legal action becomes necessary.
- Consult with health care providers: Talk to your loved one’s doctor or a health care professional to evaluate their condition and discuss any signs of abuse or neglect.
- Contact us: Consult our attorneys for guidance on the best course of action. We can help you understand your legal rights and options.
Ultimately, your loved one’s well-being comes first. If you believe they are not safe, consider alternative arrangements. Please remember that we are here to assist you in making informed decisions. Our priority is ensuring your loved one’s safety and seeking justice if needed.
How Do I Report Nursing Home Abuse In California?
If you suspect abuse in a nursing home, act quickly to prevent further harm. If there is an immediate danger or a medical emergency, call 911 right away for help.
You will need to inform the nursing home management about your concerns. Moving your loved one to a safe location may be easier said than done, but it is the best way to protect your loved one from further harm. Make sure to write down the name of the person who takes your report.
Contact local agencies such as:
- Los Angeles County Adult Protective Services at 877-477-3646.
- The Elder Abuse Hotline is available 24/7 to connect you with trained professionals who can help in reporting elder abuse and getting help.
- For nonemergencies, you can submit a report online through the Adult Protective Services (APS) website. They will investigate and take action to protect your loved one and others in the nursing home.
- The Los Angeles Long-Term Care Ombudsman Program for assistance and to file a complaint.
After reporting the abuse and ensuring your loved one’s safety, contact a nursing home abuse lawyer in Los Angeles. An attorney can help you seek justice and may file a civil lawsuit against the nursing home to hold the abuser accountable and address safety issues.
Speak With A Nursing Home Abuse Lawyer
At McMurray Henriks, LLP, we offer a free consultation to discuss the nature of your nursing home abuse case. We understand how difficult it may be for you at this time. We handle all our personal injury cases on a contingency basis, meaning that you will not have to pay legal fees unless we win compensation for your claim. Call our office in Los Angeles at Call Anytime – Day or Night or send us an email to schedule your consultation soon. Our nursing home abuse lawyers represent individuals and families throughout California.