Residential care professionals, including the nurses and caregivers who work within a nursing home or assisted living facility, have a duty to treat their patients with a high level of care. Similarly, elderly patients who reside within a nursing home are also owed a high level of care--not just by the professional caregivers who work there and treat them--but by staff and nursing home operators. When this duty of care is breached, nursing home residents are at risk of serious injuries, accidents, and even death.
If you believe that your loved one is a victim of nursing home abuse or neglect, please call our San Marcos nursing home abuse and neglect lawyers directly today for your free consultation. Our office is based in San Marcos, central to all of North County, and here to serve you.
Common Accidents and Injuries in Nursing Homes Resulting From Abuse or NeglectWhen residents are abused or neglected within a nursing home or assisted living facility, they are at risk of serious accidents and injuries. Some common accident and injuries that can result from nursing home abuse or neglect include:
In addition to the above, medical errors and medication mistakes, failure to supervise a resident, and intentional acts of abuse can all lead to serious harm, including a deterioration in condition, psychological injuries, and more. In serious cases, nursing home abuse and neglect can, and frequently does, lead to nursing home resident death.
What Constitutes Nursing Home Neglect or Abuse?Nursing home abuse falls into four categories — physical abuse, sexual abuse, psychological abuse, and financial exploitation. An example from each category is the improper use of force to restrain a resident, engaging in unwanted sexual activity with a resident, bullying a resident, or convincing a resident to make changes to their will or estate plan to benefit a nursing home staff member.
Neglect may be more subtle, but it can be equally as dangerous. Neglect happens when a nursing home or nursing home staff member breaches their duty of care to a resident. Often, neglect is a result of poor staff training or an inadequate staff-to-patient ratio. Examples of neglect include failing to supervise a resident during meal times to ensure that they don’t suffer from malnutrition or dehydration, failing to move a bedridden patient regularly to avoid bedsores, or failing to double-check a patient’s chart before engaging in therapy or treatment for the patient.
Do I Have a Nursing Home Neglect or Abuse Claim in San Marcos?Learning that a loved one has been harmed as a result of a nursing home’s care - or lack thereof - can be one of the most difficult things to ever hear. If you suspect that nursing home abuse or neglect was the cause of harm, you may have grounds to bring forth a San Marcos nursing home abuse or neglect claim. In order to do so, you will need to prove that the nursing home breached its duty of care to the resident, that the breach of duty of care was the proximate cause of harm, and that damages resulted. Examples of types of compensation that you can recover in a nursing home abuse and neglect claim include compensation for any additional medical expenses incurred, compensation for the resident’s pain and suffering, compensation for wrongful death, and compensation for legal fees incurred.
Note that in some cases, a nursing home staff member may face criminal charges for elder abuse. Criminal and civil charges are separate and distinct, and criminal charges will not yield any monetary damages for the nursing home resident or their family members.
Call Our San Marcos Nursing Home Abuse and Neglect Lawyers TodayIf you have questions about nursing home abuse and neglect, our San Marcos nursing home abuse and neglect lawyers at the office of the Southern California Nursing Home Law Group can provide you with the support and guidance that you need. Our lawyers understand how devastating nursing home abuse and neglect are, and we are passionate about advocating for the rights of elderly persons in our state, especially those who are particularly vulnerable.
If you think that you have a nursing home abuse or neglect claim, please do not hesitate to call our San Marcos nursing home abuse and neglect law firm directly, or to send us a message online. We offer free consultations and can start investigating your case immediately.