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These nursing facilities help elders who may have difficulty with daily activities like bathing and clothing. Nursing homes offer consistent meals and a comfortable, clean environment. Quality nursing homes employ nurses with training in elder health care issues. Seniors with Alzheimer’s or dementia may be able to access specialist medical care and health care providers in some nursing homes.
Such facilities should promote relationships with other senior citizens to combat loneliness after separation from a close family member like a spouse or long since passed away friend. You Baby Boomers in Southern California know exactly what we mean. Older adults will likely face legal issues over things like this after being admitted to a nursing home. Specific remedies are normally available through an experienced attorney like those at Ehline Law Firm in the Inland Empire.
Our years of experience can help you hold all the negligent parties liable for causing your damages.
Your Riverside elder abuse attorney can go through the differences between various sorts of long-term care facilities. They can also investigate past bad acts or a crime by your caregiver and discuss future remedies. As a rule, nursing homes need more personal and medical supervision than assisted-living communities, retirement communities, and other senior facilities. The average age of California residents is rising, according to the California Department of Justice.
By 2025, more than six million older citizens will likely be living in California. These older adults will reside in massive quantities in nursing homes and other long-term care facilities.
Tragically, elder abuse is on the rise in California. Due to their frailty and, often, cognitive impairment, elderly people are easy prey for unscrupulous caregivers. Any intentional or careless conduct that causes injury to an elderly person or creates a risk of harm is considered elder abuse, according to elder law.
While some elder abuse may result in criminal charges, victims of elder abuse may also be entitled to financial compensation. You should see an attorney’s law office to manage your elder abuse lawsuit for the following reasons:
Determining liability in incidents of nursing home abuse can be difficult. A highly skilled lawyer who is prepared to go to trial if necessary should be hired to build a case against the nursing home.
Elder abuse may involve knowledge of particular medications and how they affect the health of the elderly at various dosages. If necessary, we will be able to consult with medical specialists to determine whether your loved one has received far too much medication.
A nursing home that permits abusive behaviors can be held accountable and prevent other families from experiencing the same harm, grief, and suffering by filing a claim or lawsuit against it.
Anyone 65 years of age or older is considered an elder under California law. A dependent adult is a person between the ages of 18 and 64 who is physically or mentally unable to care for themselves or carry out daily tasks.
Abuse and elder neglect in nursing homes can take on many forms, and they all violate the rights of the person receiving care. Some indications of abuse in nursing homes include:
Physical abuse includes all forms of assault and battery, including being hit with items, kicked, bit, pinched, smacked, pushed, rattled, chemically restrained, forced to take psychotropic drugs for any reason other than what has been approved by a doctor, or experiencing any other intentional harm.
Unexpected injuries such as cuts, bruising, welts, fractures, sprains, marks on the wrists, or other indications of restraint, as well as receiving too much or too little medication, are all red flags.
Any form of non-consensual sexual contact, including rape, sexual violence, and sexual assault, between a nursing home employee and a resident.
Bloody or torn underwear or clothing, bruises, mysterious sexually transmitted diseases (STDs), genital diseases, withdrawal, rage, depression, or other emotional changes are all worrying signs.
It is possible to classify any verbal or physical threats or intimidation of a resident as emotional abuse. Unfortunately, there is a lot of emotional or psychological abuse in nursing homes. Staff members that abuse or harass residents tease them, make fun of them, forbid them from participating in social activities, make them stay in a small area, or refuse to let them have visitors or family time often inflict it.
Changes in behavior or personality, withdrawal, depression, jitters, anxiety, or a pattern of disagreeing with a nursing home staff member are all warning signs.
Abuse can sometimes be hidden, which makes it more challenging to prove. A person may be neglected by nursing home employees intentionally or unintentionally. For example, the personnel can be overworked and fail to notice that a resident has been denied food or water for an extended period. However, a poor treatment that endangers a person is never acceptable in Riverside county.
Bed sores, severe weight loss or malnutrition, dehydration, declining health, poor cleanliness, the smell of excrement or urine, blood – or stained clothing or bedding, infection, or being forbidden from having visitors are all warning signs.
Medical billing fraud and abuse are common in nursing homes regarding healthcare. Medicare, Medicaid, and private insurers pay for a nursing home resident’s cares.
Several instances include:
The improper or illegal use of a resident’s money, assets, or property is financial abuse or exploitation. Patients in nursing homes are often more susceptible to financial abuse and frequently ignorant of it.
Nursing home staff members are prohibited from cashing a resident’s check without their consent, impersonating another person, stealing from or misusing a resident’s assets, coercing a resident into signing a contract or a will, or improperly using guardianship, conservatorship, or powers of attorney. Contact our offices now if your loved one is a victim of financial abuse or neglect.
Record any signs and incidents as soon as you suspect elder abuse is taking place. Take pictures of any injuries or obvious warning signs, and compile any data you have access to that might point to financial exploitation, neglect, or abuse. Even if you may be convinced that the care being provided to your loved one is inadequate, a successful claim will require strong proof of negligence.
When you work with a nursing home abuse attorney, they have the resources to look into and gather vital information that backs up your claims.
The following sorts of evidence may be collected with the assistance of an elder law attorney, depending on the specifics of your case:
Documents that describe the facility’s processes for hiring and training
Records on employees that may show that the institution is always understaffed
Reports of inspections
Observations from other residents who might possibly be abused, as well as any potential eyewitnesses like family members
Medical and billing information for the victim
The extent and seriousness of the resident’s injuries or condition, as determined by expert medical testimony
If there is security footage available
Keycard information that reveals whether staff members accessed the victim’s room, which may indicate a lack of appropriate care
Although it may be natural for families to want to approach the nursing home personnel or management about abuse or neglect accusations, doing so may actually stall the investigation. The resident’s condition might temporarily improve, or the staff might react by working harder to hide any red flags.
Evidence may be hidden or destroyed by dishonest administrators, who may then take over the operation. It is essential to consult a lawyer with knowledge of the local long-term care facilities’ reputations before initiating any action.
Knowing how long you have to file a lawsuit is important if you’re thinking of accusing someone of elder abuse in Riverside. A “statute of limitations” governs all civil cases, limiting the amount of time that elderly victims have to obtain compensation.
The majority of elder abuse and neglect lawsuits are brought as negligence claims. Under California law, you have two years from the date the injury was discovered or should have been discovered to initiate elder abuse cases.
In nursing home abuse cases, it can be difficult to determine when this clock begins because the elderly abuse or neglect is generally ongoing rather than the result of a single incident. Exactly how long you have is something that a Riverside elder abuse lawyer can help you with. Missing this window prevents victims or their families from seeking compensation for things like bedsores and employees hitting the elder.
Depending on whether the senior lives or passes away, Riverside county has different kinds of claims. Sadly, senior abuse and neglect can result in death.
If an older adult passes away, our elder law lawyers bring our wrongful death lawsuits in Riverside, CA. According to this claim, eligible family members (such as a spouse and children) are entitled to financial support for funeral costs and expenses, as well as for the loss of the decedent’s “love, companionship, comfort, care, assistance, protection, affection, society, moral support,” and other legal damages.
However, if the senior is still alive, our elder law attorneys in Riverside file a personal injury case for the senior’s medical costs associated with the abuse or their injuries, as well as for any financial losses, pain and suffering, and restitution for any financial losses. We could ask for punitive damages as well depending on the type of elder law and abuse utilized.
Contact our law office right away for a free consultation. A Riverside elder abuse attorney will listen to your case while providing legal advice. We’ll keep you up to date on important changes and offer timely, competent legal services for your elder law issues.
Essentially, your rights should be upheld by a professional with legal representation in Riverside county for the sake of you and your loved ones. Your family can be restored to its wholeness by the personal injury attorneys at Ehline Law Firm. Let our Super Lawyers hear about your legal issues at our Riverside office by accepting this opportunity for a free consultation. Our clients love us and the success we brought them, and so will you.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.
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