Oakland Nursing Home Abuse Lawyer

Nursing home abuse is a growing concern in nursing homes and assisted living facilities throughout Oakland and the rest of California. 

Sadly, elder abuse takes many forms, including physical abuse, emotional abuse, sexual abuse, and financial exploitation, leaving nursing home residents vulnerable to serious harm. The abuse can lead to broken bones, severe emotional trauma, and other long-lasting effects on the resident’s health and well-being.

For victims and their family members, seeking legal help from an experienced Oakland nursing home abuse lawyer is essential to holding responsible parties accountable. A qualified nursing home abuse attorney will investigate the case, gather evidence, and help the family pursue maximum compensation for their suffering. 

With the right legal team, victims and their loved ones can take action to stop the abuse, seek justice, and ensure that their rights are protected.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for victims of nursing home abuse. Our experienced legal team has a strong history of handling nursing home abuse cases with care and delivering significant settlements and verdicts.

We conduct comprehensive investigations to cover all aspects of the abuse, including medical expenses, emotional trauma, and other associated damages. With our extensive knowledge of nursing home abuse claims, we manage the legal process efficiently and work relentlessly to defend your rights.

Throughout the journey, we offer compassionate, clear communication, ensuring that you and your family feel informed, protected, and supported.

Types of Cases Handled by Our Oakland Nursing Home Abuse Lawyers

Nursing home abuse refers to any form of harm or neglect inflicted on a nursing home resident by nursing home staff members or other responsible parties within a nursing home facility. Abuse can manifest in various forms, leaving elderly residents with serious injuries, emotional distress, and financial losses. 

Our Oakland nursing home abuse lawyers handle multiple types of nursing home abuse cases, including the following:

Physical Abuse

Physical abuse involves any form of bodily harm inflicted on a resident, including hitting, slapping, or using restraints without medical necessity. Restraints should only be used when necessary for medical reasons, and misuse clearly violates a resident’s rights.

Emotional or Psychological Abuse 

Emotional or psychological abuse includes verbal threats, humiliation, intimidation, or isolating residents from social interactions. Victims may become withdrawn, fearful, or display sudden changes in behavior.

Sexual Abuse

Sexual abuse refers to any non-consensual or unwanted sexual contact with a nursing home resident. This type of abuse is particularly heinous and often goes unreported, as many victims may be physically or cognitively unable to voice what has occurred.

Medical Malpractice

Medical malpractice in nursing homes occurs when caregivers fail to provide adequate medical care, leading to conditions like bedsores, medication errors, or untreated infections.

Negligence

Negligence includes failure to meet basic needs such as proper nutrition, hydration, or hygiene. It may also involve a lack of supervision, leading to dangerous situations such as residents wandering off the property (elopement).

Financial Abuse

Financial abuse involves the exploitation of a resident’s financial resources. This can include unauthorized use of the resident’s bank accounts, forging signatures on financial documents, or coercing the resident to change their will.

Wrongful Death

In the most severe cases, nursing home abuse or neglect can lead to a resident’s death. Families who have lost a loved one due to the negligent or abusive actions of a nursing home facility can file a wrongful death claim to hold the facility accountable and seek justice for their loss.

Understanding Your Legal Rights

Several federal and state laws safeguard nursing home residents’ right to receive adequate care and live free from abuse, neglect, and exploitation. These laws set strict standards that nursing homes must follow to ensure the safety and well-being of their residents.

The Nursing Home Reform Act of 1987 is a fundamental federal law that ensures nursing home residents receive the quality care they deserve. The law mandates that nursing homes provide services that promote their residents’ physical, emotional, and psychological well-being.

It guarantees the right to be free from physical abuse, sexual abuse, emotional abuse, and financial exploitation. Additionally, residents are entitled to proper medical care, social interaction, and autonomy over personal decisions.

In California, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides additional protections for residents of nursing homes and assisted living facilities. This law allows victims of elder abuse and their family members to file civil lawsuits against responsible parties for abuse, neglect, or exploitation. The law also holds nursing homes accountable for providing proper care and ensures that elderly residents are treated with dignity.

Eligibility to File a Claim

A nursing home abuse claim can be filed by the victim or their legal representative, which could be a family member, guardian, or person with power of attorney. If the resident is deceased due to nursing home abuse or neglect, the surviving family members can file a wrongful death claim.

A qualified Oakland nursing home abuse lawyer can help determine the best course of legal action and guide you through the process of filing a claim to seek justice and compensation for the harm suffered.

Liability in Nursing Home Abuse and Neglect Cases 

In nursing home abuse and neglect cases, several parties may be held liable for the harm caused to a nursing home resident. Liability often extends beyond just the individual who committed the abuse, as multiple parties may contribute to the unsafe conditions within the facility. 

Below are some common examples of parties who can be held responsible for nursing home abuse:

• Nursing Home Facility: The nursing home facility can be liable if it fails to provide a safe environment, enforce safety standards, or hire and train qualified staff. Nursing home neglect often stems from inadequate staffing or poorly trained personnel, leading to severe injuries and poor hygiene for residents.
• Nursing Home Staff Members: Nursing home staff members may be personally liable if they engage in physical abuse, emotional or psychological abuse, sexual abuse, or other forms of neglect.
• Management and Administrators: Nursing home administration and management teams are responsible for overseeing the facility’s day-to-day operations. They can be held liable if they fail to address safety concerns, investigate reports of abuse, or enforce proper staffing ratios.
• Third-Party Contractors: In some cases, third-party service providers, such as medical professionals or contractors, can also be held liable for nursing home negligence. For example, if a contracted medical provider fails to provide adequate medical care, such as improper treatment of bedsores or medication errors, they may share responsibility for the resulting harm.

How Our Oakland Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our legal team has extensive experience representing victims of nursing home abuse in Oakland and throughout California, and we are dedicated to providing compassionate, thorough representation for each client. Here’s how we can assist you:

• Free Case Evaluation: We offer a free consultation to review the details of your case. During this consultation, we will discuss the abuse or neglect that occurred, assess potential legal options, and help you understand your rights. This initial step is crucial for determining the best course of action.
• Case Investigation: Our legal team conducts a thorough investigation of your nursing home abuse case to gather evidence. This may include reviewing medical records, interviewing witnesses, obtaining video surveillance footage, and collecting other necessary documentation. By thoroughly investigating the case, we can identify responsible parties and build a strong case for compensation.
• Filing the Claim: Once we have gathered the necessary evidence, we will file a nursing home abuse claim on your behalf. This process includes preparing and submitting all legal documents, meeting deadlines, and ensuring the case complies with California law and state regulatory agencies.
• Settlement Negotiation: Nursing homes and insurance companies often offer settlements to avoid trial. Our attorneys will negotiate to ensure you receive fair compensation for medical bills, emotional trauma, and other damages. We strive to reach a favorable settlement without unnecessary delays.
• Trial if Needed: Our experienced trial lawyers are fully prepared to take your case to court if a fair settlement cannot be reached. We will present a compelling case before a judge or jury to seek justice and maximum compensation for the suffering endured by the nursing home abuse victim.

Common Signs of Elder Abuse Among Nursing Home Residents 

Out of 136 Medicare-approved nursing homes in Oakland, 25 (18.4%) have an overall rating of below or much below average. Health inspections show 35 facilities (25.7%) with poor scores, raising concerns about regulatory compliance. 

Staffing poses a more significant issue, with 47 homes (34.6%) rated below average, indicating challenges in maintaining adequate care levels. However, only 4 facilities (2.9%) performed poorly in quality measures, suggesting that most homes meet acceptable care standards. [1]

Elder abuse in nursing homes often goes unnoticed or unreported due to the vulnerability of the victims. Recognizing the signs of nursing home abuse is crucial for protecting elderly residents and ensuring they receive the proper care they deserve. Below are some common indicators of nursing home abuse:

• Unexplained bruises, cuts, or broken bone
• Bedsores or pressure ulcers
• Sudden withdrawal or depression
• Fear of nursing home staff members
• Injuries in sensitive areas 
• Reluctance to be alone with specific caregivers
• Poor personal hygiene or unsanitary living conditions
• Significant weight loss or signs of malnutrition
• Dehydration
• Unexplained financial transactions or missing funds
• Missing personal belongings or valuables

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse, follow these steps to ensure the safety and rights of the nursing home resident:

• Call 911 if There Is Immediate Danger: Contact emergency services immediately if the resident is in danger or requires urgent medical attention.
• Report to the Nursing Home Administrator or Management: Notify the nursing home administration of your concerns. They are obligated to investigate and take corrective action if necessary.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office advocates for nursing home residents and investigates reports of abuse or neglect. Filing a complaint with them helps ensure the situation is properly investigated by an independent party.
• Contact a Nursing Home Abuse Lawyer: Reach out to an experienced Oakland nursing home abuse lawyer for legal assistance. They can help you explore your legal options, file a claim, and seek justice and compensation for the abuse or neglect.

Damages You Can Recover Through a Nursing Home Abuse Claim

In a nursing home abuse claim, victims may recover several types of damages:

• Economic damages: These cover tangible losses such as medical bills, rehabilitation costs, and the cost of relocating the resident to a safer facility.
• Noneconomic damages: These compensate for emotional trauma, pain and suffering, loss of quality of life, and the psychological effects of abuse, such as anxiety or depression.
• Punitive damages: In severe or intentional abuse cases, punitive damages may be awarded to punish the responsible party and deter future misconduct in nursing homes.

The Cost of Hiring an Oakland Nursing Home Abuse Lawyer

At Nursing Home Law Center, we operate on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we successfully recover compensation for you. This allows you to pursue justice without worrying about legal fees.

You Have Limited Time to Take Legal Action in Oakland

In California, the statute of limitations for filing a nursing home abuse claim is generally two years from the date of the abuse or discovery of the injury. Acting quickly is essential to ensure your legal rights are protected.

Contact an Oakland Nursing Home Abuse Attorney Today!

With years of experience handling nursing home abuse cases, our team at Nursing Home Law Center is dedicated to securing justice and compensation for victims. If you suspect abuse, contact us today for a free consultation. Let us help protect your loved ones and hold the responsible parties accountable.

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

References: [1] Medicare