San Francisco Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue that affects vulnerable elderly residents across San Francisco. Many senior citizens in nursing homes and assisted living facilities depend on staff for their daily care, making them susceptible to physical abuse, neglect, financial exploitation, and emotional mistreatment. 

With California’s elderly citizens continuing to grow, ensuring the well-being of residents in nursing homes is more important than ever.

When nursing home abuse occurs, it can lead to severe physical injuries, psychological harm, and financial loss. Unfortunately, many cases of nursing home negligence go unreported, allowing abusive behavior to continue unchecked. 

This is why it is essential for victims and their families to seek help from an experienced San Francisco elder abuse lawyer. An attorney with expertise in personal injury cases can help investigate the situation, file claims, and hold negligent nursing homes accountable.

Legal action not only provides compensation for the pain and suffering endured by the victim but also serves as a safeguard for others in the facility by preventing future abuse. If you believe your loved one is being mistreated in a nursing home, taking prompt legal steps can help ensure their safety and well-being while pursuing justice for the harm they’ve suffered.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to achieving justice and fair compensation for those affected by nursing home abuse. Our skilled legal team has a strong history of handling these sensitive cases, securing substantial settlements and verdicts for our clients.

We conduct comprehensive investigations to address every aspect of abuse, from medical expenses to emotional suffering and other damages. With extensive knowledge of nursing home abuse cases, we manage each claim efficiently and work relentlessly to defend your rights.

Throughout the entire process, we offer compassionate guidance, ensuring you and your loved ones remain informed, supported, and reassured at every stage.

Types of Cases Handled by Our San Francisco Nursing Home Abuse Lawyers

Nursing home abuse refers to any harm, mistreatment, or neglect inflicted on residents of nursing homes or assisted living facilities. Nursing home neglect or abuse can take many forms, ranging from physical harm to emotional and financial exploitation. 

Our San Francisco nursing home abuse lawyers are experienced in handling various types of abuse cases, ensuring that victims and their families receive the justice they deserve.

Physical Abuse

Physical abuse in nursing homes refers to any intentional act of violence that causes injury, pain, or physical impairment to a resident. This bodily harm can include hitting, slapping, punching, shoving, kicking, pinching, and other forms of aggression. 

Unfortunately, many instances of physical abuse go unreported, either because the victim is too scared or unable to communicate due to conditions like dementia or Alzheimer’s disease.

Additionally, physical abuse can involve the improper or excessive use of restraints. Restraints, whether physical (such as belts or straps) or chemical (sedatives or other drugs), should only be used when medically necessary and authorized by a physician. 

However, some nursing homes misuse restraints to control or punish residents, resulting in severe physical and psychological consequences. Improper restraint use can lead to complications like bedsores, muscle weakness, and, in severe cases, asphyxiation.

Mental and Emotional Abuse

Mental and emotional abuse occurs when caregivers inflict psychological harm on residents. Examples of mental and emotional abuse include:

• Isolation: Deliberately preventing residents from interacting with others or seeing family members.
• Verbal assaults: Yelling, screaming, or using degrading language toward a resident.
• Humiliation: Intentionally embarrassing or shaming residents, often in the presence of others.
• Threats: Using threats to withhold food, water, or essential care as a means of control.
• Intimidation: Using fear to manipulate or control a resident, sometimes with threats of violence or punishment.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact or behavior directed toward a resident. This abuse is particularly traumatic for victims, many of whom are unable to defend themselves or give consent due to physical or cognitive limitations. Sexual abuse can include inappropriate touching, sexual assault, and forced nudity.

Medical Malpractice

Medical malpractice in nursing homes occurs when staff fail to provide the necessary medical care, resulting in harm to residents. Common examples of medical malpractice include:

• Bedsores (Pressure Ulcers): These develop when residents are left in one position for too long without being repositioned. Proper care can prevent these painful and dangerous sores.
• Medication Errors: This includes giving the wrong medication, incorrect dosages, or failing to administer prescribed medication. These errors can lead to severe complications or even death.
• Failure to Diagnose: When staff fail to recognize or address a resident’s worsening condition, it can lead to untreated infections or illnesses, putting the resident’s life at risk.

Negligence

Negligence occurs when nursing home staff fail to meet the basic care needs of residents, leading to harm or deteriorating health. Examples of negligence include:

• Poor hygiene: Failing to assist residents with bathing, grooming, or changing soiled clothing and linens.
• Malnutrition and dehydration: Neglecting to provide residents with adequate food and fluids, resulting in weight loss, weakness, and other severe health problems.
• Elopement: When residents wander off from the facility unsupervised, especially those with cognitive impairments, it can put them in dangerous situations where they are at risk of injury.

Financial Abuse

Financial abuse in nursing homes involves exploiting a resident’s financial resources for personal gain. This form of abuse can include theft, fraud, or coercing the resident into relinquishing control of their assets. Elderly residents with cognitive decline are particularly vulnerable to financial exploitation. Common examples of financial abuse include:

• Theft of belongings: Caregivers or staff may steal valuables like cash, jewelry, or personal items.
• Manipulation of financial accounts: Forging checks, stealing credit cards, or coercing a resident into granting access to their bank accounts.
• Changes to legal documents: Coercing residents into altering their will, trust, or power of attorney to benefit the abuser.

Wrongful Death

In severe cases, abuse or neglect in nursing homes can lead to the wrongful death of a resident. Families who lose a loved one due to negligent care or intentional abuse can pursue a wrongful death claim to hold the responsible parties accountable and seek compensation for their loss.

Understanding Your Legal Rights

Nursing home residents in San Francisco are protected under various federal and state laws designed to ensure their safety, dignity, and well-being. These laws set clear standards for nursing home care and provide residents and their families with legal options if abuse or neglect occurs.

One primary federal law that protects nursing home residents is the Nursing Home Reform Act of 1987. 

This law requires nursing homes to provide proper care, protect residents’ rights, and ensure that they are free from physical abuse, emotional abuse, and neglect. It outlines specific rights, including dignity, privacy, and quality medical care. Any violation of these rights is grounds for legal action.

In California, nursing home residents are also protected under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which provides additional safeguards against elder abuse and neglect. 

This law enables residents and their families to file lawsuits against caregivers, nursing homes, or any assisted living facility if they have failed to meet their legal responsibilities. Additionally, the California Department of Public Health oversees the licensing and regulation of nursing homes, ensuring they comply with state and federal laws.

In cases of nursing home abuse or neglect, several individuals can file a claim. These include:

• The nursing home resident: If they are capable of filing the claim on their behalf.
• Family members or legal guardians: In situations where the resident is incapacitated or unable to report nursing home abuse due to mental suffering or physical limitations, a family member or guardian can act on their behalf.
• The deceased resident’s estate: In wrongful death cases, the estate or surviving family members can file a claim seeking compensation for their loss.

Understanding these legal rights empowers families to act against abusive or negligent care, ensuring that nursing home residents are protected and responsible parties are held accountable.

Liability in Nursing Home Abuse and Neglect Cases 

In nursing home abuse and neglect cases, multiple parties can be held liable for the harm inflicted on residents. 

Liability often extends beyond the individual caregiver and includes the nursing home facility or third-party contractors involved in resident care. Identifying all responsible parties is crucial to ensuring victims receive full compensation for their injuries and suffering.

• Individual Caregivers: Caregivers who commit acts of physical, emotional, or sexual abuse are directly liable for their actions. If a caregiver fails to provide proper care, leading to neglect or intentional abuse, they can be held legally accountable for the resulting harm.
• Nursing Home Facilities: Nursing homes are responsible for providing a safe environment for residents. If the facility fails to properly screen, hire, or train staff or knowingly ignores signs of abuse, it can be held liable for negligence. This includes failing to meet staffing requirements or ignoring complaints of mistreatment.
• Medical Providers: Doctors, nurses, and other medical professionals working in the nursing home can be liable for medical malpractice if they provide substandard care, such as mismanaging medications or failing to treat bedsores.
• Third-Party Contractors: Some nursing homes outsource services like physical therapy or food services to third-party contractors. If a contractor’s employee abuses or neglects a resident, the contractor and the nursing facility may be liable for the harm caused.

How Our San Francisco Nursing Home Abuse Attorneys Can Help

Our legal team at Nursing Home Law Center has extensive experience handling complex nursing home abuse cases across San Francisco. We understand the serious impact of elder abuse and neglect, and we are dedicated to securing justice and compensation for victims. 

Our attorneys have successfully represented nursing home abuse victims and their families, holding negligent facilities and caregivers accountable for their actions. From investigating claims to resolving cases through settlement or trial, we are committed to providing comprehensive legal support at every step.

Free Case Evaluation

We offer a free consultation to discuss the details of your case. During this evaluation, we assess the situation, explain your legal options, and determine whether there is a valid claim to pursue compensation for the abuse or neglect your loved one suffered.

Case Investigation

Our attorneys conduct a thorough investigation to gather all relevant evidence. This investigation includes reviewing medical records, interviewing witnesses, and examining facility reports to uncover any violations of state or federal laws. Our goal is to build a strong case that proves negligence or suspected elder abuse occurred.

Filing the Claim

Once we have gathered sufficient evidence, we file the claim. This includes preparing all legal documentation, ensuring deadline compliance, and taking all necessary steps to initiate legal action against the responsible parties.

Settlement Negotiation

In many cases, nursing homes prefer to settle claims outside of court. Our attorneys have significant experience negotiating fair settlements with nursing homes and their insurance companies to ensure that victims receive adequate compensation for medical expenses, emotional trauma, and other damages.

Trial

Our legal team is fully prepared to take the case to trial if a settlement cannot be reached. We will present the evidence and advocate for your loved one’s rights before a judge and jury, seeking the maximum compensation possible for the harm caused.

With our San Francisco nursing home abuse lawyers, you can trust that we will handle your case professionally and with compassion, always keeping your loved one’s best interests at the forefront of our efforts.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 120 Medicare-approved nursing homes in San Francisco, and 22 (18%) have received an overall rating of below or much below average. 

Specifically, 32 facilities, or 27%, scored poorly in health inspections. Staffing levels also present challenges, with 45 nursing homes (38%) receiving below-average ratings. Five nursing homes (4%) received low ratings regarding quality measures. [1]

Elder abuse in nursing homes can often be challenging to detect, as many victims may not be able or willing to speak out due to fear or cognitive impairment. However, family members and caregivers should be aware of common warning signs suggesting mistreatment or neglect. Here are some examples of signs of elder abuse:

• Unexplained Injuries: Look for bruises, cuts, burns, or broken bones that the nursing home staff cannot explain. Frequent or repeated injuries, especially in different stages of healing, may indicate ongoing physical abuse.
• Signs of Restraints: Marks on the wrists, ankles, or other body parts may indicate the improper use of physical restraints.
• Sudden Mood Changes: Emotional abuse can cause sudden shifts in mood, such as increased anxiety, depression, or withdrawal from social interactions.
• Fear of Staff Members: A resident may show signs of fear or discomfort, avoid eye contact, or become visibly anxious when certain staff members are present.
• Unexplained Genital Injuries: Any injuries or infections in the genital area should be investigated immediately, as they may indicate sexual abuse.
• Behavioral Changes: Victims of sexual abuse may exhibit sudden changes in behavior, such as avoiding physical contact or showing signs of distress when being bathed or changed.
• Untreated Bedsores: Bedsores, also known as pressure ulcers, are a common sign of neglect. If bedsores are left untreated, they can become infected and lead to severe health complications.
• Malnutrition or Dehydration: Weight loss, dry skin, or signs of weakness may indicate that the resident is not receiving proper nutrition or hydration.
• Unexplained Financial Activity: Sudden changes in the resident’s financial situation, such as large withdrawals, missing belongings, or unauthorized changes to wills or financial documents, can be signs of financial exploitation.
• Withdrawal from Social Activities: If a resident who was once socially active becomes withdrawn or refuses to participate in activities, this could be a sign of emotional abuse or intentional isolation by caregivers.

What to Do If You Suspect Nursing Home Abuse

If you believe a loved one is being abused in a nursing home, it’s crucial to act quickly to protect their safety and well-being. Here are the steps you should take:

• Call 911 if There’s Immediate Danger: If your loved one is in immediate physical danger or requires urgent medical attention, contact emergency services right away to ensure their safety.
• Report to the Nursing Home Administrator or Management: Notify the nursing home administrator or management of your concerns. They are required to investigate the situation and take appropriate action to address any potential abuse or neglect. Be sure to document your report and request a follow-up.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman is an independent advocate for nursing home residents who can investigate abuse, neglect, or poor care complaints. Filing a complaint with the Ombudsman’s office ensures that an impartial third party reviews your concerns. The Ombudsman has the authority to investigate nursing homes and protect residents’ rights.
• Contact a Nursing Home Abuse Lawyer: Reach out to an experienced San Francisco nursing home abuse lawyer who can guide you through the legal process and help you hold the responsible parties accountable. A lawyer can investigate your case, file claims, and work to secure compensation for the harm suffered by your loved one.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse, as well as their families, may be entitled to various types of compensation depending on the severity and impact of the abuse. Damages in nursing home abuse claims typically fall into three categories: economic, noneconomic, and punitive damages.

Economic Damages

Economic damages are designed to cover the financial losses directly related to the abuse or neglect. Examples include:

• Medical Expenses: This includes costs for hospital stays, surgeries, medications, and ongoing medical care related to injuries caused by abuse or neglect, such as bedsores or untreated infections.
• Relocation Costs: If the resident needs to be moved to a different elder care facility due to abuse, the costs associated with relocating may be recovered.
• Lost Wages of Family Members: If a family member takes time off work to care for the victim or manage the case, they may recover lost wages.

Non-Economic Damages

Non-economic damages compensate for the emotional and psychological suffering endured by the victim. These damages are not easily measurable but can be substantial. Examples include:

• Pain and Suffering: Compensation for the physical pain endured due to physical abuse, neglect, or medical malpractice.
• Emotional Distress: Victims may experience severe emotional trauma, including anxiety, depression, or PTSD, as a result of emotional, physical, or sexual abuse.
• Loss of Enjoyment of Life: Compensation can be awarded if the abuse has significantly impacted the resident’s ability to enjoy life or engage in normal daily activities.

Punitive Damages

Punitive damages are awarded in cases where the abuse is particularly egregious or malicious. These damages are intended not to compensate the victim directly but to punish the wrongdoer and deter similar behavior in the future. Examples include:

• Intentional Harm: If a staff member intentionally inflicts physical or emotional harm on a resident, punitive damages may be awarded to penalize the individual and the facility.
• Reckless Neglect: In cases where the nursing home or caregivers recklessly disregard the resident’s safety, punitive damages may be pursued.

The Cost of Hiring a San Francisco Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of dealing with nursing home abuse can be overwhelming for families. To make our legal services accessible, we operate on a contingency fee basis. 

This means that you don’t pay any upfront fees or out-of-pocket costs. We only get paid if we successfully recover compensation for your case, either through a settlement or a court verdict. 

This approach ensures that every family, regardless of their financial situation, can seek justice for their loved ones without worrying about legal costs.

You Have Limited Time to Take Legal Action in San Francisco

If you suspect nursing home abuse, it’s important to act quickly due to the statute of limitations—the legal timeframe within which you must file a claim. In California, the statute of limitations for nursing home abuse cases is generally two years from the date of the abuse or the discovery of the injury. 

If the abuse leads to wrongful death, the same two-year period applies from the date of the resident’s passing. Failing to file within this window could prevent you from pursuing legal action, making it crucial to consult with a San Francisco nursing home abuse lawyer as soon as possible to protect your rights and those of your loved one.

Contact a San Francisco Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced legal team has successfully represented countless victims of nursing home abuse throughout San Francisco and the surrounding areas. 

With extensive experience in handling complex elder abuse cases, we are committed to securing justice for nursing home residents who have suffered from neglect, physical abuse, emotional abuse, and financial exploitation. 

We take a compassionate and aggressive approach to ensure that negligent facilities and abusive caregivers are held accountable for their actions. Contact our San Francisco nursing home abuse lawyers today for a free consultation. Let us help you take the necessary steps to protect your family members and pursue the compensation they deserve.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare