Bakersfield Nursing Home Abuse Lawyer

Nursing home abuse is a heartbreaking issue affecting many elderly residents in Bakersfield and beyond. Families place their trust in nursing homes and assisted living facilities to care for their loved ones, yet abuse and neglect still occur far too often.

If you or a loved one has been a victim of abuse or neglect in a nursing home, seeking legal help from a skilled Bakersfield nursing home abuse lawyer is essential. 

At Nursing Home Law Center, we are dedicated to protecting the rights of vulnerable elderly individuals and ensuring that those responsible for nursing home abuse are held accountable. Our legal team can provide the support and legal representation necessary to pursue justice and fair compensation.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our skilled legal team has a strong history of managing these sensitive cases and securing substantial settlements and verdicts.

We perform comprehensive investigations to ensure that all damages, including medical expenses, emotional suffering, and more, are thoroughly addressed. Leveraging our deep knowledge of nursing home abuse cases, we handle each case efficiently and work relentlessly to safeguard your rights.

Throughout the process, we provide clear and compassionate legal counsel, ensuring that you and your family remain informed, protected, and confident.

Types of Cases Handled by Our Bakersfield Nursing Home Abuse Attorneys 

Nursing home abuse occurs when an older adult is subjected to harm or neglect by caregivers, staff members, or even other residents. This mistreatment can take various forms, each of which can severely impact the health and well-being of senior citizens. Our Bakersfield nursing home abuse attorneys handle a broad range of abuse cases, including:

Physical Abuse

Physical harm involves the use of force that causes injury or discomfort to an older person. This bodily harm can include hitting, pushing, slapping, or improper use of physical restraints. The use of physical restraints on nursing home residents can lead to broken bones, cuts, and severe emotional distress.

Mental and Emotional Abuse

Emotional abuse, also referred to as psychological abuse, is the intentional infliction of fear, anguish, or distress through verbal or non-verbal actions. This action can include yelling, intimidation, or isolation, leaving elderly individuals feeling vulnerable and frightened.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact with a resident. Warning signs include unexplained sexually transmitted infections, bruises in sensitive areas, or sudden behavioral changes. Sexual abuse is one of the most heinous violations of an elderly person’s trust and dignity, and our legal team takes swift action in pursuing justice for these victims.

Medical Malpractice

Medical malpractice in nursing facilities includes the failure to provide proper medical care, resulting in harm to the resident. Common examples include untreated bedsores, medication errors, or ignoring serious health issues. These failures can lead to life-threatening conditions for dependent adults in nursing homes.

Negligence

Neglect is a type of abuse that occurs when the basic needs of an elderly person, such as hygiene, nutrition, hydration, and safety, are not met. Poor hygiene, malnutrition, dehydration, and unsanitary living conditions are all signs of neglect, which can lead to severe health problems. Elopement, or wandering away from the facility unsupervised, is another dangerous form of neglect in long-term care facilities.

Financial Abuse

Financial abuse involves the illegal or improper use of a nursing home resident’s assets, such as stealing money, coercing the resident into changing their will, or misusing funds. Families must be vigilant in monitoring for signs of financial exploitation, which can devastate an elderly person’s financial well-being.

Wrongful Death

In the most tragic cases, nursing home abuse and neglect can result in the wrongful death of an elderly resident. Whether through physical abuse, medical malpractice, or neglect, losing a loved one in a nursing home is an unimaginable pain. Our Bakersfield nursing home abuse attorneys help families seek justice and closure by holding those responsible accountable.

Understanding Your Legal Rights

Elderly residents in nursing homes and assisted living centers are protected by federal and state laws. The Nursing Home Reform Act of 1987 is a federal law designed to ensure that nursing home residents receive adequate care and are protected from abuse and neglect.

In California, additional laws further protect senior residents in nursing homes, ensuring their safety and well-being.

Under these laws, residents have the right to live in a safe environment, free from abuse and neglect. If these rights are violated, families can take legal action to seek compensation for the harm their loved ones have suffered.

Eligibility to File a Nursing Home Abuse Claim

In elder abuse cases, multiple parties may be eligible to file a claim. The elderly resident, a family member, or a legal guardian can pursue legal action. 

In cases where the abuse or neglect resulted in wrongful death, the victim’s estate may also be able to file a civil lawsuit. Consulting with a Bakersfield nursing home abuse lawyer is the best way to determine your legal rights and options.

Liability in Nursing Home Abuse and Neglect Cases 

Several parties may be held liable for nursing home abuse, including:

• Nursing home staff
• Facility management
• Corporate owners
• Third-party contractors
• Medical providers

Each case of elder abuse is unique, and identifying the liable parties requires a thorough investigation. Our legal team has the experience and resources to hold all responsible parties accountable.

How Our Bakersfield Nursing Home Abuse Attorneys Can Help

At our law firm, we have a proven track record of handling elder abuse cases with compassion and professionalism. Our Bakersfield nursing home abuse lawyers are well-versed in the legal process and committed to helping families seek justice. Here’s how we can assist you:

• Free Case Evaluation: We offer a free consultation to review your case and explain your legal rights.
• Case Investigation: Our attorneys thoroughly investigate to gather evidence, including medical records, witness statements, and more.
• Filing the Claim: We handle all aspects of the legal process, including filing the necessary claims against the nursing facility.
• Settlement Negotiation: We work to secure fair compensation for your family’s damages.
• Trial: If a settlement cannot be reached, our attorneys will take your case to trial to ensure justice is served.

Common Signs of Nursing Home Abuse

Of the 12 Medicare-approved nursing homes in Bakersfield, 92% have an overall score below or much below average. Health inspection scores show similar results, with 92% of facilities rating poorly. 50% of Bakersfield nursing homes have inadequate staffing levels, and 25% of the facilities fall short in quality measures. [1]

Recognizing the signs of nursing home abuse is critical to protecting elderly residents. Some common indicators include:

• Unexplained injuries, such as bruises, broken bones, or cuts
• Sudden changes in behavior, fear, or anxiety
• Poor hygiene, weight loss, or dehydration
• Bedsores or other untreated medical conditions
• Unexplained financial transactions or missing belongings

If you notice any of these warning signs, it’s important to act quickly to protect your loved one.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, follow these steps:

• Call 911 if the elderly resident is in immediate danger;
• Report the abuse to the nursing home administrator or management staff;
• File a complaint with your local Ombudsman’s office, which advocates for residents’ rights and investigates reports of abuse;
• Contact a nursing home abuse lawyer to explore your legal options and take action to protect your loved one.

Damages You Can Recover Through a Nursing Home Abuse Claim

Damages in elder abuse cases are categorized into three main types:

• Economic damages compensate for the financial losses incurred due to the abuse or neglect.
• Noneconomic damages cover the more subjective and intangible harm caused by the abuse.
• Punitive damages may be awarded in cases of egregious or intentional misconduct to punish the wrongdoers for their reckless or malicious behavior. It deters similar actions by holding the nursing home or staff accountable for their actions.

The Cost of Hiring a Bakersfield Nursing Home Abuse Lawyer

Our Bakersfield nursing home abuse lawyers work on a contingency fee basis, meaning you do not pay any legal fees unless we recover compensation for your family. This arrangement ensures that you can access experienced legal representation without the burden of upfront costs.

You Have Limited Time to Take Legal Action in Bakersfield

Under California law, there are strict time limits for filing a nursing home abuse claim. The statute of limitations dictates how long you have to take legal action after the abuse or neglect occurs.

In Bakersfield, the statute of limitations varies by case type: personal injury claims generally have a two-year limit from the date of injury, medical malpractice cases allow one year from discovery or three years from the injury date (whichever comes first), 

If you suspect abuse, it’s critical to act quickly and consult with a lawyer to avoid missing the deadline for filing a claim.

Contact a Bakersfield Nursing Home Abuse Attorney Today!

If you or a loved one has experienced abuse or neglect in a Bakersfield nursing home, our legal team is here to help. With our extensive experience in handling elder abuse cases, we will guide you through the legal process and fight to ensure that justice is served. Contact us today for a free consultation.

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

References: [1] Medicare