When a family makes a decision to place an elderly loved one in a nursing home or assisted living facility, they are doing so because they have a reasonable expectation that the nursing home will provide a high level of care to the aging adult. Indeed, nursing homes and assisted living facilities are specifically designed for the aging and disabled who cannot meet their own needs.
At the Southern California Nursing Home Law Group, our Holtville nursing home abuse and neglect lawyers know that even when an expectation of a high standard of care exists, nursing homes often fall short of this standard. What is more, nursing home abuse and neglect happen more frequently than anyone would like to think, often leading to serious patient harm, and even death. If you suspect that nursing home abuse or neglect of your loved one is occurring, our Holtville Nursing home abuse and neglect lawyers can help. Reach us today to learn more.
Signs of Abuse and Neglect in the Nursing Home or Assisted Living SettingSigns of abuse or neglect are not always easy to recognize. If your loved one is living in a nursing home, it is important that you familiarize yourself with the following signs of abuse and neglect and are prepared to intervene if necessary.
Signs of neglectNeglect can be harder to recognize and respond to, especially when neglect is unintentional and nursing home staff members seem to have the best intentions.
Signs of neglect includeIf you notice any of the above, talk to the nursing home resident and nursing home staff and the nursing home manager. If you suspect abuse that is endangering your loved one’s safety and well-being, do not hesitate to call the police.
Signs of Physical AbuseSigns of physical abuse may be the easiest to recognize, and include bite marks, bruises, burns, and other signs of physical harm. In some cases, unexplained injuries or bone fractures can also be signs of physical abuse. Changes in behavior, including fear or depression, can also be signs of abuse.
Signs of Sexual AbuseOne of the most terrible types of nursing home abuse is sexual abuse, which occurs when there is unwanted sexual contact between the nursing home resident and the staff member. New sexually transmitted infections, bruises, bloodied or torn undergarments and clothing, and behavioral changes can all be signs of sexual abuse.
Signs of Emotional and Psychological AbuseSometimes, abuse comes in the form of bullying, tormenting, teasing, ignoring, or socially isolating a resident. Changes in demeanor, such as fear of the nursing home staff member, angry outbursts, depression, or not wanting to participate in activities may all be signs of emotional and psychological abuse.
Damages Recoverable in a Holtville Nursing Home Abuse and Neglect CaseWhen a nursing home breaches its duty of care owed to a nursing home resident, a claim for damages may be appropriate. By filing a nursing home abuse case and proving that the duty of care has been breached and damages have been incurred as a direct result, you may be able to recover a range of compensatory damages. These include damages for wrongful death, pain and suffering, emotional distress, both present and future medical costs, legal fees, and more.
Statute of Limitations on Nursing Home Abuse ClaimsIf you suspect nursing home abuse, it is critical that you take action immediately to protect your loved one. In addition to protecting your loved one from immediate harm, though, there is another reason to act quickly — ensuring that the statute of limitations is not breached. In California, the statute of limitations is two years for elder abuse, but one year for other infractions. We recommend that potential cases be filed within one year from the date of the neglect or abuse. Waiting longer than one year may limit any recovery.
How Our Holtville Nursing Home Abuse and Neglect Attorneys Can HelpOur Holtville nursing home abuse and neglect lawyers know that there are few things more heartbreaking than learning that a loved one is a victim of abuse. If you suspect abuse, we can help by providing you with a free consultation, opening an investigation into your claim, advising you of your options, building your case, explaining the differences between a civil and criminal case, negotiating your settlement, and more. Throughout the process, our lawyers will be available to answer any questions you have and support your rights.
Call our Holtville Nursing Home Abuse and Neglect Attorneys TodayWe know what you are going through, and we empathize with your situation. For help from trusted and experienced legal professionals, call our Holtville elder abuse and neglect attorneys immediately today.