Have you recently helped a parent or other family member move into a nursing care facility? You probably spent hours researching what amenities and care the facility had to offer and compared it to others in the nearby Arvin area. Ideally, all of your hard work in planning will pay off and your loved one will be happy in their new residence. However, even if you specifically look at the nursing home’s record for elder abuse and neglect, you may not get an accurate understanding of how residents are treated. This is because, as the NAELA News Journal mentions, for every case of abuse, neglect, or exploitation that gets reported, five more go unreported to authorities.
Should you notice any signs of abuse or neglect when visiting your loved one, you need to seek legal assistance with dedicated Arvin nursing home abuse and neglect lawyers. The attorneys at the Southern California Nursing Home Law Group can help you investigate further and come up with a plan of action.
What Recourse do You Have if Your Loved one has Been Abused or Neglected?If your loved one has been mistreated in a nursing care or assisted living facility, they can file a personal injury claim to seek compensation for their injuries. Money awarded as compensation can be used to pay for medical care to recover, to seek therapy for the emotional trauma of abuse, or to switch nursing homes. It will also take into account the pain and suffering they sustained from abuse or neglect. If the victim died as a result of the mistreatment, a surviving family member can file a wrongful death lawsuit. Wrongful death cases take into account loss of consortium, funeral expenses, and more. If the abuse was an illegal act, criminal charges may be filed. While it is possible for a victim to receive restitution from a criminal case, we recommend you still file a personal injury claim because civil cases allow for compensation for pain and suffering, while restitution will only cover basic medical expenses required to make a recovery.
Nursing Home AbuseA victim can be abused physically, emotionally, or sexually. The physical harm and emotional trauma can be very difficult for any person who is abused, but seniors are particularly at-risk because they are not able to defend themselves as well due to the physical and cognitive decline that comes with aging. Examples of abuse include:
Unlike abuse, neglect can be unintentional. It is likely to happen in a nursing care facility that is short-staffed and cannot spend adequate time with each resident. Examples of neglect found within a nursing home include:
It is unlikely you will witness the abuse or neglect of your loved one first hand, but that does not mean you cannot spot evidence of such mistreatment. One step to take if you think your loved one is not getting proper care is to count the staff you see working on any given visit. According to PBS News Hour, health inspectors have cited one in eight nursing homes for being understaffed since 2014. Furthermore, staff fluctuates depending on the time of day and what day of the week. Your loved one may get great care during the week but suffer from neglect when the staff dwindles on the weekend. Other signs of abuse or neglect to watch for include:
Learning that your loved one may be in danger at their nursing home due to abuse or neglect is overwhelming. Let the Arvin nursing home abuse attorneys at the Southern California Nursing Home Law Group guide you through what comes next. We will help you investigate any suspicions you have, file a lawsuit for compensation, and make sure your loved one gets to a safe environment. Call us today to schedule a free consultation at 866-607-1325.