Delano Nursing Home Abuse & Neglect Lawyers

California’s Department of Aging expects to see 192% increase in the population over 60 within Kern County from 2010 to 2060. As the baby boomer generation ages, many will make the move into an independent care facility or nursing home for extra support. Nursing homes can offer phenomenal care such as medical staff, prepared meals, physical therapy, organized activities to stimulate the brain and body, and more. Unfortunately, nursing home facilities can also be places of neglect and abuse because elderly people are an at-risk population. The Delano attorneys at the Southern California Nursing Home Law Group assists victims and their family members by holding the nursing care facilities legally responsible for their negligent or abusive behaviors towards residents.

There are two ways a nursing home can be held legally responsible for mistreatment. If the mistreatment involves a criminal act, such as a physical assault towards an elderly resident, then criminal charges can be filed. It is possible for a victim to receive restitution through a criminal case, but often victims choose to seek compensation for their damages through a civil lawsuit. A civil lawsuit allows a person to seek compensation for abuse, but also for unintentional negligent care that results in injury or death. Compensation is important because it allows a victim to pay for medical care, such as surgery or physical therapy, in order to make a full recovery. It can also help pay for the cost to move to a new nursing care facility. If it is a wrongful death lawsuit, compensation can cover funeral costs, loss of consortium, and more.

Nursing home abuse can be physical, emotional, or psychological in nature. Nursing home residents are more vulnerable because they do not have the strength to defend themselves, often face more social isolation, and may be cognitively declining. According to the National Council on Aging, nearly half of the elderly patients with dementia experience abuse or neglect. The following are common examples of what abuse looks like in an independent care facility or nursing home:

• Sexual intercourse, or making the resident watch or engage in any sexual activities;
• Hitting, punching, slapping, or aggressively handling a residents;
• Intentionally withholding food, water, sheets, visitors, or any other necessities;
• Unnecessary use of physical restraints;
• Yelling at a resident or “punishing them” for behaviors; and
• More.

Unlike abuse, neglect does not have to be intentional. A nursing home may have too many residents in comparison to the number of staff and, as a result of being spread thin, they may neglect to provide adequate care. This is still considered neglect and a lawsuit should still be filed. Neglect can look like the following:

• Failing to provide enough water and food causing malnutrition;
• Not getting the patient to the hospital in a timely manner;
• Not moving a bedridden or wheelchair bound patient regularly, which can lead to bedsores;
• Unsanitary room conditions;
• Unsanitary personal hygiene such as not giving the resident a regular bath;
• Failing to change bandages;
• Misdiagnosing illnesses or injuries;
• Giving the wrong medications or failing to give the proper dose of medications; and
• More.

You may not see abuse or neglect firsthand, but there are still tell-tale signs. For instance, if your loved one suffers a broken bone, laceration, or deep bruising but cannot provide an explanation for how it occurred, it is time to investigate further. Other signs include:

• Depression, withdrawal, or a sudden fear of being touched;
• A room that looks unkempt or dirty;
• Sheets that have obviously not been cleaned;
• Bedsores;
• A disheveled appearance;
• Unexplained weight loss;
• When you visit there are numerous requests for items that should be readily available to them; and
• More.

If you have any inkling that your loved one is being abused or neglected in a nursing home, it is time to start asking questions to learn more about the care they are receiving. It only takes one individual working at a nursing home to cause an unsafe environment for an elderly patient who cannot defend themselves the way they might have in their younger years. You are not alone either. The Delano nursing home abuse and neglect lawyers at the Southern California Nursing Home Law Group are here to help. Call us today to schedule a free consultation at 866-607-1325.