California Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue affecting some of the most vulnerable members of society—elderly and dependent adults residing in nursing homes or assisted living facilities. Elder abuse can result in physical, emotional, and financial harm.

If you suspect a family member or loved one has been a victim of elder abuse in a nursing home, it is essential to consult an experienced California nursing home abuse lawyer. Legal professionals specializing in nursing home abuse cases can help elderly victims and their families secure justice and financial compensation for the harm caused.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our priority is to obtain justice and fair compensation for those affected by nursing home abuse. With years of experience, our dedicated legal team has successfully managed numerous nursing home abuse cases, securing meaningful settlements and verdicts.

We leave no stone unturned in our investigations, ensuring that every aspect of the abuse—whether it be medical costs, emotional distress, or other related damages—is thoroughly addressed. Leveraging our in-depth knowledge of nursing home abuse claims, we skillfully handle each case and work relentlessly to defend your rights.

Throughout the entire legal process, we offer compassionate guidance and maintain open communication so you and your family stay informed, supported, and confident at every step.

Types of Cases Handled by Our California Nursing Home Abuse Lawyers

Nursing home abuse occurs when a caregiver intentionally harms a nursing home resident or fails to provide essential care, leading to serious injuries, suffering, or wrongful death. Our nursing home abuse lawyers handle various forms of elder abuse that occur in nursing homes and assisted living facilities, including:

Physical Abuse

Physical abuse in a skilled nursing facility refers to any intentional use of force that results in injury, physical pain, or impairment to a resident. It can take many forms, including hitting, slapping, punching, shoving, kicking, pinching, and other acts of violence. 

One of the most egregious aspects of physical harm is that it often goes unreported, either because the victim is too afraid to speak up or unable to due to cognitive impairments, such as dementia or Alzheimer’s disease.

Physical abuse can also involve the inappropriate or excessive use of physical restraints. Restraints, whether mechanical (like straps or belts) or chemical (sedatives or drugs), should only be used when medically necessary and with clear documentation from a physician. 

However, many nursing homes misuse restraints to control or punish residents, leading to severe physical and psychological consequences. Misuse of restraints can lead to pressure ulcers (bedsores), muscle atrophy, and even asphyxiation in extreme cases.

The long-term consequences of physical harm can range from minor injuries, such as bruises and scratches, to life-threatening conditions, such as broken bones, internal injuries, and head trauma. Physical assault can also lead to mental suffering, causing nursing home abuse victims to become withdrawn, anxious, or depressed.

Mental and Emotional Abuse

Mental and emotional abuse involves causing psychological trauma to a resident. This type of abuse is harder to detect because it doesn’t leave physical marks, but its effects can be deeply damaging. Mental abuse can also include social isolation, where caregivers deliberately prevent the resident from interacting with other residents or family members.

Examples of mental and emotional abuse in a nursing home include:

• Verbal assaults: Yelling, shouting, or screaming at the resident, using insulting or degrading language.
• Humiliation: Making residents feel ashamed or embarrassed, often in front of others.
• Threats: Threatening to withhold food, water, or basic care as a means of control.
• Intimidation: Using fear to manipulate the resident’s behavior, often by making threats of violence or punishment.

The consequences of mental and emotional abuse are long-lasting and can lead to severe mental health disorders, including anxiety, depression, and post-traumatic stress disorder (PTSD). 

The nursing home abuse victims may become withdrawn, fearful, or exhibit sudden mood changes. Additionally, emotional abuse often leads to a decline in the residents’ overall health and quality of life.

Sexual Abuse

Sexual abuse in a care facility refers to any non-consensual sexual contact or behavior toward a resident. This type of abuse is particularly traumatic because many victims are physically or mentally incapable of defending themselves or giving consent. 

Sexual violence can include inappropriate touching, sexual assault, rape, or even forced nudity. Residents with cognitive impairments or physical disabilities are especially vulnerable to this type of abuse.

Examples of sexual abuse in nursing homes include:

• Unwanted touching: Fondling or groping the resident without consent.
• Sexual assault: Engaging in sexual acts with a resident who is unable to consent due to cognitive or physical limitations.
• Exposure: Forcing the resident to view or engage in sexual activity, including forced nudity.

The effects of sexual violence are both physical and psychological. Victims may suffer from physical injuries such as bruising, infections, or sexually transmitted diseases (STDs). Emotionally, the resident may experience feelings of shame, guilt, fear, and depression. The trauma can significantly impact the resident’s quality of life, leading to severe psychological damage that may never fully heal.

Medical Malpractice

Medical malpractice in nursing homes involves the failure of staff to provide adequate medical care to residents, which can lead to severe injury or illness. 

Nursing home residents often require medication, specialized treatment, or ongoing medical monitoring due to chronic health conditions. When caregivers fail to meet the necessary standards of care, it can result in serious harm or even death.

Common examples of nursing home medical malpractice include:

• Bedsores (Pressure Ulcers): These painful sores develop when a resident is left in one position for too long, causing the skin and tissue to break down. Bedsores are entirely preventable with proper care, including regular turning and repositioning of immobile residents.
• Medication Errors: This includes administering the wrong medication, incorrect dosages, or failing to provide the medication altogether. Medication errors can lead to life-threatening conditions, allergic reactions, or worsening of the resident’s medical conditions.
• Failure to Diagnose: Nursing home staff may fail to recognize or address a resident’s deteriorating health, leading to untreated infections, worsening conditions, or even death.

Negligence

Nursing home negligence occurs when staff fail to provide the basic care and attention that elderly residents need.

Examples of nursing home negligence include:

• Poor hygiene: Failing to assist residents with bathing, grooming, or changing soiled clothes or bed linens.
• Malnutrition and dehydration: Failing to provide residents with enough food and water, leading to weight loss, weakness, and severe health complications.
• Elopement: Allowing a resident to wander off from the assisted living facility without proper supervision. This is especially dangerous for residents with cognitive impairments, as they may become lost or injured.

Financial Abuse

Financial abuse in nursing homes involves the exploitation or manipulation of a resident’s finances. This type of abuse can include theft, fraud, or coercing the resident into signing over their assets. Many nursing home residents are vulnerable to financial manipulation due to cognitive decline, making them easy targets for unscrupulous caregivers or even fellow residents.

Common examples of financial exploitation in nursing homes include:

• Theft of personal belongings: Caregivers or other staff members may steal cash, jewelry, or other valuables from the resident.
• Manipulation of financial accounts: Forging checks, stealing credit cards, or coercing the resident into giving access to their bank accounts.
• Changes to legal documents: Coercing or manipulating the resident into changing their will, trust, or power of attorney to benefit the abuser.

Wrongful Death

When nursing home abuse or neglect leads to the death of a resident, it is considered wrongful death and can result from any form of negligence or abuse. 

Common causes of wrongful death in nursing homes involve:

• Untreated infections: Neglecting to treat infections, bedsores, or other medical conditions can result in sepsis or other fatal complications.
• Falls: Failing to properly supervise residents, especially those with mobility issues, can lead to fatal falls.
• Medication errors: Administering the wrong medication or failing to provide necessary medication can result in fatal overdoses or untreated conditions.

Understanding Your Legal Rights for California Nursing Home Abuse 

Nursing home residents are protected by federal and state laws designed to ensure their safety, dignity, and right to proper care. These laws set standards for nursing homes and provide a framework for addressing the abuse and neglect of senior citizens.

Federal Rights: Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987 is a landmark federal law that established minimum standards of care for nursing homes and set forth residents’ rights. This act applies to all nursing homes that receive funding from Medicare and Medicaid, including most nursing facilities in the United States.

Key provisions under the Nursing Home Reform Act include:

• Right to be free from abuse and neglect
• Right to receive proper medical care
• Right to privacy and dignity
• Right to participate in care plans
• Right to be free from restraints
• Right to file complaints
• Right to visits and communication

The Nursing Home Reform Act created an essential framework for improving the quality of care in nursing homes and protecting residents from elder abuse and neglect. Skilled nursing facilities that fail to comply with these regulations risk losing federal funding and facing legal consequences.

State-Specific Rights

In addition to federal laws, California has legal protections for nursing home residents. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is one of the most important laws in the state for California residents, providing additional safeguards for the elderly person and dependent adults.

Under the EADACPA, California nursing home residents have several rights, including:

• Right to protection from elder abuse
• Right to file a civil lawsuit
• Right to receive compensation for violations
• Enhanced legal protections
• Right to report abuse

Eligibility to File a Nursing Home Abuse Claim 

Several parties can help enforce nursing home residents’ rights and hold nursing facilities accountable for violations:

• Residents Themselves: If mentally and physically capable, residents can exercise their legal rights by reporting abuse, filing complaints, or taking legal action against the nursing home or its staff. Residents have the right to voice their concerns without fear of retaliation.
• Family Members and Legal Guardians: An elderly family member or legal guardian can act on behalf of a resident if the resident is unable to do so due to physical or cognitive impairments. They can file complaints, report abuse, and take legal action if necessary.
• Estate Executors: In cases where a resident has passed away due to nursing home abuse or neglect, the estate executor can file a wrongful death lawsuit on behalf of the deceased resident’s estate.
• Legal Counsel: An experienced California nursing home abuse lawyer can provide crucial legal representation to residents or their families. Nursing home abuse attorneys can help investigate claims of abuse, file lawsuits, and negotiate settlements to ensure that the rights of nursing home residents are upheld.

Liability in Nursing Home Abuse and Neglect Cases 

Multiple parties can be held liable for nursing home abuse, depending on the specific circumstances of the case. These parties may include:

• Nursing Homes and Assisted Living Facilities: The nursing facility itself can be held accountable for failing to properly vet, train, or supervise staff, as well as for inadequate safety measures and poor care.
• Caregivers and Staff: Individual caregivers may be directly responsible for physical, emotional, or sexual abuse inflicted on nursing home residents.
• Medical Professionals: Doctors, nurses, or other healthcare providers can be liable for medical malpractice, such as improper treatment, misdiagnoses, or medication errors.
• Third-party Contractors: Outsourced services like transportation providers or maintenance companies may also be responsible if their negligence contributes to nursing home abuse.

How Our California Nursing Home Abuse Attorneys Can Help

Our nursing home abuse lawyers have extensive experience handling elder abuse cases throughout the state. We are committed to helping families seek justice and compensation for the harm caused to their loved ones. Here’s how we can assist you:

• Free Case Evaluation: We offer a free consultation to evaluate your case and determine the best course of action. During this initial meeting, we will listen to your concerns, review any available evidence, and explain your legal options.
• Case Investigation: Our team conducts a thorough investigation of your case, gathering crucial evidence such as medical records, witness statements, and facility reports to build a strong claim.
• Filing the Claim: Once the investigation is complete, we will file a claim against the responsible parties. This legal process ensures that those accountable for the abuse or neglect face the consequences of their actions.
• Settlement Negotiation: In many cases, we can negotiate a settlement with the insurance company representing the nursing home or assisted living facility. We work tirelessly to secure fair compensation for your loved one’s suffering, including medical expenses, emotional distress, and other damages.
• Trial if Needed: If a fair settlement cannot be reached, our nursing home abuse attorneys are prepared to take your case to trial. We are experienced in civil litigation and will advocate fiercely on behalf of your loved one to achieve the best possible outcome.

Common Signs of Nursing Home Abuse

Recognizing the signs of nursing home abuse is crucial for protecting your loved one from harm. Here are some common indicators that abuse or neglect may be occurring:

• Unexplained Injuries: Bruises, cuts, welts, burns, or fractures without a clear explanation.
• Bedsores (Pressure Ulcers): Sores that develop from prolonged immobility are clear signs of nursing home abuse.
• Malnutrition and Dehydration: Rapid weight loss, dry skin, and cracked lips suggest a lack of proper food or water.
• Poor Hygiene: Residents appearing unclean, with soiled clothes or bedding, can indicate nursing home neglect.
• Restraint Marks: Marks on wrists or ankles may indicate the improper use of physical restraints.
• Sudden Mood Swings: Anxiety, depression, fear, or aggression can signal emotional or psychological abuse.
• Fear of Certain Caregivers: If a nursing home resident seems scared of specific staff members, this could indicate mistreatment.
• Withdrawal or Isolation: Becoming socially withdrawn or avoiding activities they once enjoyed may suggest emotional abuse or neglect.
• Confusion or Disorientation: Sudden cognitive decline, not related to a medical condition, could be caused by misuse of medications or emotional trauma.
• Unexplained Financial Transactions: Large or frequent withdrawals from a resident’s account may suggest financial manipulation.
• Changes in Legal Documents: Sudden changes in wills or powers of attorney may indicate coercion.
• Missing Belongings: Items such as jewelry or cash disappearing can signify theft.
• Poor Living Conditions: Dirty or unsanitary living areas, such as soiled bedding or unsafe environments, indicate nursing home neglect.
• Lack of Mobility Assistance: If a nursing home resident is left immobile for too long, bedsores or muscle atrophy may occur.
• Frequent Hospitalizations: Recurring or preventable hospital visits for issues like dehydration or infections are signs of nursing home neglect.
• Frequent Infections: Untreated infections, such as urinary tract infections, can indicate poor hygiene or inadequate medical care.
• Worsening Chronic Conditions: If chronic health issues like diabetes or heart disease worsen without explanation, it may signal medical neglect.

What to Do If You Suspect Elder Abuse in California Nursing Homes 

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

• Call 911 if your loved one is in immediate danger or if you believe their safety or health is at immediate risk.
• Report the abuse to the nursing home administrator or management. Inform the facility’s leadership about the situation and demand immediate action.
• File a complaint with your local Ombudsman’s office. The Ombudsman advocates for the rights of nursing home residents and investigates reports of abuse or neglect.
• Contact a California nursing home abuse lawyer to begin the legal process and protect your loved one’s rights. An experienced nursing home abuse attorney can help you begin the legal process to protect your loved one’s rights and seek compensation for the harm they’ve endured.

Damages You Can Recover Through a Nursing Home Abuse Claim

When filing a nursing home abuse claim, the victim and their family may be entitled to recover various types of damages. These damages are typically categorized as economic, noneconomic, and punitive.

Economic Damages

Economic damages are tangible costs that can be calculated with certainty. Examples of economic damages in a nursing home abuse case include:

• Medical expenses: Costs related to treating injuries or health issues caused by the abuse, such as hospital bills, physical therapy, or ongoing medical care.
• Rehabilitation costs: Expenses for therapies or special equipment needed for recovery.
• Relocation costs: The associated expenses may be recoverable if the victim needs to be moved to another nursing facility to ensure their safety.
• Lost wages or financial support: In cases where the victim contributed financially to the family, their loss of income can also be recovered.

Non-Economic Damages

Non-economic damages compensate for the emotional and psychological harm that results from nursing home abuse. These are more subjective and harder to quantify but are often significant in elder abuse cases. Examples include:

• Pain and suffering: Compensation for the physical and emotional pain endured due to the abuse.
• Emotional distress: Damages for the trauma and psychological impact of abuse, such as depression, anxiety, or loss of enjoyment of life.
• Loss of companionship: Compensation for the emotional impact on family members due to the deterioration of their relationship with the victim.

Punitive Damages

In some cases, punitive damages may be awarded. These are meant to punish the responsible parties and deter others from engaging in similar misconduct. Punitive damages are typically awarded when the abuse was particularly egregious, or the nursing home acted with gross negligence or intentional harm.

The Cost of Hiring a California Elder Abuse Lawyer 

At Nursing Home Law Center, we understand that pursuing justice shouldn’t add financial stress. That’s why our California nursing home abuse lawyers work on a contingency fee basis. This means you won’t have to pay any upfront fees or out-of-pocket costs. 

Our fees are only collected if we win your case, either through a settlement or verdict. This allows you and your family to focus on healing and protecting your loved one without worrying about legal costs.

You Have Limited Time to Take Legal Action in California

In California, there is a specific timeframe, known as the statute of limitations, within which you must file a nursing home abuse claim. For most elder abuse cases, you generally have two to three years from the date of the abuse or when the abuse was discovered to take legal action. 

However, this timeframe can vary depending on the circumstances, such as whether the nursing home abuse involved medical malpractice or resulted in wrongful death. Failing to file within this period can result in losing your right to pursue compensation. 

It’s crucial to consult a California nursing home abuse lawyer as soon as possible to ensure your case is filed on time and your rights are protected.

Contact a California Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our team of seasoned California nursing home abuse attorneys has a proven track record of successfully handling complex nursing home abuse cases throughout the state.

With years of experience in advocating for the rights of nursing home residents, we are committed to securing justice and compensation for victims of nursing home abuse and neglect. Our compassionate approach ensures that your loved ones receive the support they deserve while we work diligently to hold the responsible parties accountable.

If you suspect your loved one is being mistreated, don’t wait—reach out to us today for a free consultation. Our team is ready to guide you through the legal process, investigate your case, and fight for the compensation and justice your family deserves.

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