Fresno Nursing Home Abuse Lawyer

Nursing home abuse affects vulnerable residents who rely on facilities for their safety and care. Unfortunately, many residents experience physical abuse, emotional abuse, financial exploitation, or nursing home neglect.

If your loved one has suffered abuse, it’s critical to seek help from a skilled Fresno nursing home abuse lawyer. These attorneys specialize in elder abuse cases and can guide families in pursuing justice, holding facilities accountable, and securing compensation for the harm caused.

With the support of an experienced nursing home abuse attorney, you can ensure that your loved one receives the protection and justice they deserve. 

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our mission is to secure justice and fair compensation for those affected by nursing home abuse. Our legal team has extensive experience handling these sensitive cases and has a strong history of winning significant settlements and verdicts.

We meticulously investigate each case to ensure that all aspects of the abuse—such as medical costs, emotional distress, and other losses—are adequately addressed. With our deep understanding of nursing home abuse claims, we skillfully navigate the legal process to defend your rights and seek the justice your loved ones deserve.

We offer compassionate guidance and clear communication throughout the process, ensuring that you feel informed, supported, and confident as we fight for your family.

Types of Cases Handled by Our Fresno Nursing Home Abuse Lawyers

Nursing home abuse occurs when a resident in a nursing home or assisted living facility experiences harm or mistreatment, whether through intentional actions or neglect. Abuse can manifest in many ways, often leading to severe injuries, emotional trauma, or even wrongful death. 

Our Fresno nursing home abuse lawyers are well-equipped to handle a wide variety of cases, including those involving the following forms of abuse:

Physical Abuse

Physical abuse in nursing homes refers to any intentional act of violence or physical force that causes harm or injury to a resident. This can include hitting, slapping, pushing, or using unnecessary force during care. 

Another form of physical abuse involves the improper use of restraints, such as tying down or confining a resident unnecessarily, leading to severe injuries like bruises, broken bones, or even psychological distress. 

Family members should be aware of common signs of physical abuse, such as unexplained bruises, cuts, or marks on the wrists and ankles from improper restraint usage.

Mental and Emotional Abuse

Emotional abuse involves actions or words that cause psychological distress, fear, or humiliation to nursing home residents. This may include yelling, threats, isolation, or verbal harassment. A vulnerable resident may experience emotional abuse if staff members intimidate or belittle them, leading to anxiety, depression, or psychological abuse. 

The typical warning signs of this type of abuse include mood changes, withdrawal from social interactions, or a noticeable fear of specific caregivers.

Sexual Abuse

Sexual abuse in nursing homes occurs when an elderly resident is subjected to unwanted sexual contact, harassment, or exploitation. This can include inappropriate touching, assault, or forced participation in sexual acts. Nursing home residents, especially those with cognitive impairments, are particularly vulnerable to this type of abuse. 

Victims of unwanted sexual contact often show signs of distress or changes in behavior, and family members must remain vigilant and report any suspicious behavior to local authorities.

Medical Malpractice

Medical malpractice in nursing homes refers to negligent or inadequate medical care provided to residents. This can include errors in medication administration, misdiagnosis, or failure to treat injuries or illnesses properly. 

For instance, a nursing home resident may suffer from untreated bedsores or infections due to improper care. Nursing home abuse lawyers can help families hold facilities accountable for failing to provide adequate care, leading to unnecessary harm to their elderly loved ones.

Negligence

Negligence in a nursing home setting happens when the facility or its staff fails to provide the standard of care required by law. This can manifest in various ways, such as neglecting residents’ hygiene, failing to provide adequate nutrition, or not addressing health concerns promptly. 

Nursing home neglect lawyers often encounter cases where a resident develops severe health issues, such as dehydration or malnutrition, due to the facility’s failure to meet their legal duty of care.

Financial Abuse

Financial abuse involves the exploitation of a resident’s finances by caregivers or other staff members. This could include stealing money, forging signatures on financial documents, or coercing residents into changing their wills or trusts. 

Family members may notice sudden, unexplained withdrawals from their elderly loved one’s bank accounts or missing personal items. A Fresno nursing home abuse lawyer from our law firm can help victims and families recover losses from financial abuse.

Wrongful Death

Wrongful death occurs when the negligence or abusive actions of a nursing home result in a resident’s death. Whether due to nursing home negligence, medical errors, or intentional abuse, wrongful death claims allow families to seek justice for their loved ones. A wrongful death claim can help hold nursing homes accountable for their failures and provide compensation to the grieving family. 

Understanding Your Legal Rights

Nursing home residents in Fresno, CA, and across the United States are protected by federal and state laws designed to ensure their safety, dignity, and well-being.

One of the most significant federal protections for nursing home residents is the Nursing Home Reform Act of 1987. This law requires nursing homes receiving Medicare or Medicaid funding to provide a certain level of care and ensure that residents are free from abuse, neglect, and mistreatment. Under this act, residents have the right to:

• Be treated with respect and dignity;
• Be free from physical abuse, emotional abuse, and sexual abuse;
• Receive adequate medical care and personal attention;
• Participate in their care planning and make decisions about their treatment;
• Report abuse without fear of retaliation.

In addition to federal protections, California state laws also safeguard residents in nursing homes and assisted living facilities. The California Elder Abuse and Dependent Adult Civil Protection Act provides further protection for elderly individuals who may be vulnerable to abuse or neglect. 

This law outlines the legal duty of care that nursing homes must uphold and provides the basis for pursuing nursing home abuse cases in the state. If a nursing home resident is harmed due to negligence, exploitation, or abuse, legal action can be taken against the facility to seek financial compensation for the damages caused.

Eligibility to File a Claim for Nursing Home Abuse

Several individuals have the right to file a claim in cases of nursing home abuse or nursing home neglect. This includes:

• The nursing home resident who has suffered harm or mistreatment;
• A legal representative, such as a power of attorney, acts on the resident’s behalf;
• Family members of the resident, particularly in cases of wrongful death or if the resident is unable to pursue the claim themselves due to incapacitation.

In cases of wrongful death, the family members of the deceased resident can file a wrongful death claim to seek justice for their loss. The nursing home abuse lawyer will work closely with the family to ensure that their legal rights are protected and that the responsible parties are held accountable for the harm caused.

Our Fresno nursing home abuse attorneys are familiar with the federal and state laws that protect the rights of nursing home residents. They can guide victims and their families through the complex legal process, helping them to navigate both federal regulations and California elder abuse laws. 

Whether you are seeking justice for nursing home negligence, financial abuse, or a wrongful death claim, our legal team is here to provide the support and advocacy you need to protect your loved one’s rights.

If you suspect your elderly loved one has been a victim of abuse, it’s crucial to act quickly. Nursing home abuse lawyers can help you understand your legal options, assist with reporting abuse to local authorities, and pursue legal action against the responsible parties.

Liability in Nursing Home Abuse and Neglect Cases 

In cases of nursing home abuse, several parties may share responsibility for the harm caused to a resident. Liability isn’t always limited to the caregiver involved; it can extend to the nursing home facility, its management, and even external contractors. 

Identifying all responsible parties is essential for ensuring that victims receive total compensation for their injuries and that those who allow the abuse to occur are held accountable.

• The Nursing Home Facility: The nursing home can be held liable for failing to provide a safe environment for its residents. This includes inadequate staff training, poor hiring practices, or not following proper protocols to prevent abuse. For example, a facility may be negligent in hiring staff without performing background checks, resulting in the employment of caregivers with histories of abuse or neglect.
• Caregivers and Staff: Individual caregivers can be directly responsible for physical abuse, emotional abuse, or sexual abuse. If a staff member uses unnecessary force, provides inadequate care, or intentionally harms a resident, they can be personally liable. These individuals are expected to uphold a standard of care, and when they violate that duty, they can face both civil and criminal liability.
• Nursing Home Management: Management within the nursing home, including supervisors and administrators, may also be held accountable if they fail to respond to reports of abuse, neglect their oversight responsibilities, or attempt to cover up incidents. For example, suppose management receives complaints from family members about financial abuse or poor treatment of a resident but fails to investigate or address the issue. In that case, they can be liable for the resulting harm.
• External Contractors: Many nursing homes rely on third-party contractors to provide medical care, cleaning, or food preparation services. If an external contractor’s negligence leads to harm, such as failing to maintain safe facilities or improperly administering medication, they, too, may be held accountable.

How Our Fresno Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our team of experienced Fresno nursing home abuse lawyers is dedicated to helping victims of nursing home abuse and their families seek justice. Our attorneys provide comprehensive legal services to ensure every aspect of your case is handled with care and expertise. Here’s how we can help:

Free Consultation 

The first step in pursuing justice is understanding the full scope of the abuse or neglect that occurred. We offer a free consultation to assess your situation, answer any questions, and provide insight into your legal options. 

During this evaluation, your Fresno nursing home abuse lawyer will listen to your concerns, review the details of your case, and help you determine the best course of action moving forward. This initial step allows you to take legal action without any financial risk.

Case Investigation

Once you’ve decided to move forward, our team will thoroughly investigate the details of the abuse. This includes reviewing medical records, interviewing witnesses, gathering evidence, and working with experts to build a strong case. Our team will ensure that all relevant details are uncovered to prove the full extent of the harm suffered.

Filing the Claim

After gathering the necessary evidence, we will file a claim against the responsible parties. Our nursing home abuse lawyers will ensure that your claim is filed within the required time frame and by all legal procedures. We understand the complexities of nursing home abuse cases and will work diligently to present a compelling argument on your behalf.

Settlement Negotiation

In many cases, nursing homes and their insurers may seek to settle the case outside court. Our attorneys are skilled negotiators who can work to secure a fair and just settlement for your family. 

We will negotiate settlement negotiations to achieve the maximum compensation for your loved one’s suffering, whether it involves medical expenses, pain and suffering, or other damages. While settlements can help avoid the stress of a trial, we will never settle for less than what you deserve.

Trial if Needed

If a fair settlement cannot be reached, our nursing home abuse attorneys are fully prepared to take your case to trial. We have extensive experience litigating nursing home abuse claims and will present your case in court with confidence and expertise. 

Our goal is to ensure that justice is served, and we will not hesitate to take your case before a judge or jury if necessary to seek the compensation your family deserves.

Common Signs of Elder Abuse in Fresno Nursing Homes 

In Fresno, California, there are 32 Medicare-approved nursing homes, with 16 (50%) rating below or much below average. Seventeen facilities (53.1%) fall short in health inspections. Specifically, 17 nursing homes  (53.1%) have inadequate staffing levels. Only one facility (3.1%) is rated poorly in quality measures. [1]

Abuse in nursing homes can often be challenging to detect, as many residents may be unable or afraid to speak up about their experiences. However, there are several common warning signs that family members and caregivers should be aware of:

• Physical Injuries: One of the most visible signs of abuse is unexplained physical injuries. Broken bones, bruises, cuts, or burns that occur without a clear explanation are red flags that physical abuse or neglect may be taking place.
• Emotional and Behavioral Changes: Elderly residents who are subjected to emotional abuse often display sudden changes in behavior. This may include becoming unusually withdrawn, depressed, anxious, or fearful around specific caregivers.
• Poor Personal Hygiene: Neglect of a resident’s hygiene is another common sign of abuse. If your elderly loved one appears unclean, wears soiled clothing, or has poor dental hygiene, it could indicate nursing home neglect. Adequate care can lead to untreated infections, bedsores, or worsening medical conditions.
• Unexplained Weight Loss: A nursing home resident experiencing neglect or financial abuse may suffer from unexplained weight loss due to malnutrition or dehydration. If your loved one’s weight changes dramatically without a medical explanation, it could be a sign that they are being neglected or deprived of meals.
• Financial Discrepancies: Financial abuse is common in elder care settings and may manifest as sudden, unexplained financial changes. This could include missing funds from a resident’s bank account, unauthorized use of credit cards, or suspicious changes to wills or estate plans.
• Fear of Caregivers: If a nursing home resident appears afraid or uncomfortable around specific caregivers or staff members, this could be an indication of physical, emotional, or sexual abuse. Watch for signs of distress when a particular staff member is present and any reluctance to discuss their care or conditions in the nursing home.
• Bedsores and Medical Issues: Untreated bedsores, infections, or sudden medical issues that go unaddressed are strong indicators of nursing home neglect. Bedsores, also known as pressure ulcers, often develop when residents are not adequately repositioned or receive inadequate medical care.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your elderly loved one is being abused or neglected in a Fresno nursing home, it’s essential to act quickly to protect their safety and well-being. Here’s a list of steps you should take to address the situation and seek justice:

• Call 911 If There’s Immediate Danger: If your loved one is in immediate physical danger, do not hesitate to call 911. Emergency services can provide immediate assistance, ensure the resident’s safety, and begin an investigation into the situation. This is especially important if you believe your loved one is being subjected to physical abuse, sexual abuse, or any other form of harm that requires urgent attention.
• Report to the Nursing Home Administrator or Management: If the danger isn’t immediate, the next step is to report the suspected abuse to the nursing home administrator or management. It’s their responsibility to investigate the claim, take corrective action, and ensure the safety of the residents. Document your report by submitting it in writing and keeping a copy for your records. This action helps create a paper trail that may be necessary for any future legal claims.
• File a Complaint with Your Local Ombudsman’s Office: If the facility doesn’t take appropriate action or if you feel uncomfortable reporting to management, you can file a complaint with your local Ombudsman’s office. Ombudsmen advocate for nursing home residents and help resolve care, safety, and resident rights issues. They have the authority to investigate complaints of nursing home abuse or neglect, ensuring that the concerns of residents and their families are addressed.
• Contact a Nursing Home Abuse Lawyer: Finally, you should reach out to an experienced Fresno nursing home abuse lawyer to explore your legal options. A nursing home abuse attorney can guide you through the process of investigating the abuse, filing a claim, and seeking compensation for the harm done to your loved one. Nursing home abuse lawyers specialize in nursing home claims related to abuse, neglect, and wrongful death and can hold facilities accountable for their actions. They will ensure that you and your family receive the justice and financial compensation you deserve while preventing further harm to other vulnerable residents.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, victims and their families may be entitled to various types of damages. The following are examples of the types of damages that can be recovered in a nursing home abuse case:

Economic Damages

Economic damages are quantifiable financial losses incurred as a result of the abuse or neglect. These damages are meant to compensate for out-of-pocket expenses and future costs related to the harm suffered. Examples include:

• Medical Expenses: Costs for hospital visits, medications, rehabilitation, or ongoing medical care resulting from the abuse or neglect.
• Relocation Costs: If a resident must be moved to a different facility for their safety, the expenses associated with relocating may be recoverable.
• Lost Financial Assets: In financial abuse cases, any stolen or misappropriated money, assets, or property can be claimed as part of the damages.

Non-Economic Damages

Non-economic damages refer to compensation for non-monetary harm, such as the emotional and psychological impact of the abuse. These damages can be more complicated to quantify but are essential in compensating victims for the suffering endured. Examples include:

• Pain and Suffering: Compensation for the physical and emotional distress caused by physical abuse, emotional abuse, or nursing home neglect.
• Loss of Quality of Life: If the resident’s overall well-being has been severely diminished due to the abuse, such as losing the ability to enjoy activities or social connections.
• Emotional Trauma: Compensation for the psychological impact of the abuse, including anxiety, depression, and post-traumatic stress.

Punitive Damages

Punitive damages are designed not to compensate the victim directly but to punish the wrongdoers and deter future misconduct. They are typically awarded in cases of particularly egregious or malicious conduct, such as intentional abuse or gross negligence. 

For instance, a facility that willfully ignores repeated reports of abuse may be subject to punitive damages to send a strong message about accountability in the nursing home industry.

The Cost of Hiring a Fresno Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of legal fees can be a concern for families already dealing with the emotional and physical toll of nursing home abuse. That’s why we work on a contingency fee basis, meaning you don’t pay any upfront fees for our legal services. 

Instead, our payment is contingent upon winning your case—if we don’t secure a settlement or verdict in your favor, you owe us nothing. This allows you to focus on seeking justice for your loved one without worrying about the cost of hiring a Fresno nursing home abuse lawyer.

You Have Limited Time to Take Legal Action in Fresno

If you suspect that your loved one has been a victim of nursing home abuse in Fresno, it’s essential to act quickly due to the statute of limitations. In California, victims and their families typically have two years from the date of the abuse or discovery of the abuse to file a claim.

Failing to take legal action within this time frame may result in losing your right to seek compensation for the harm suffered.

Contact a Fresno Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our Fresno nursing home abuse attorney team is dedicated to helping victims of nursing home abuse and their families seek justice. 

With a proven track record of handling nursing home abuse cases, we have recovered millions in compensation for our clients and have held numerous negligent facilities accountable for their actions. 

Whether your loved one has suffered from physical abuse, emotional abuse, financial exploitation, or nursing home neglect, our law firm is here to provide the legal support you need.

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

References: [1] Medicare