Vista Nursing Home Abuse & Neglect Lawyers

When an elderly person reaches a point where they can no longer safely live on their own because they are unable to meet their basic needs related to nutrition, personal grooming, and medical care, nursing home care may be the best option. Nursing homes provide around-the-clock care, and some nursing homes even offer specialized medical services for patients with certain conditions, such as dementia. While making the decision to place a loved one within a nursing home may be difficult, in many cases, it is what is best for the elderly person and their family.

But nursing homes are not perfect. In some cases, they lack a proper staff-to-patient ratio, are poorly maintained, or are run by negligent or even abusive staff persons. When this is the case, the risk of nursing home abuse or neglect exists. If you believe that your loved one is being abused or neglected within a nursing home, please call our Vista nursing home abuse and neglect attorneys at the law offices of the Southern California Nursing Home Law Group. We are based in North County San Diego, and can help you to bring forth a civil action for damages against the negligent nursing home or assisted living facility.

When nursing home abuse or neglect is occurring, an affected nursing home resident may be at severe risk of harm, including death. Examples of nursing home neglect and abuse include:

• Physically abusing a resident, such as hitting, kicking, pinching, burning, or biting a resident;
• Sexually harassing or physically assaulting a resident;
• Failing to provide a resident with the level of care that they deserve and are entitled to, such as failing to move a patient routinely so as to prevent bedsores, failing to properly bathe a resident, failing to ensure that a resident is properly nourished and hydrated, making medical errors, and more;
• Multiple falls without proper interventions;
• Improperly using medications to control, restrain, or sedate a resident;
• Wrongfully denying a resident medication that they need;
• Financially exploiting a resident; and
• Harassing, teasing, or bullying a resident.

Nursing home abuse is intentional, and abuse of an elderly person may constitute criminal activity under California law. Neglect is more subtle and is typically unintentional, although the effects of neglect can be equally as severe. Neglect likely will not lead to criminal charges, but both nursing home abuse and nursing home neglect can be addressed with civil charges.

A nursing home has a duty to provide a nursing home resident with a high level of care. When an employee of a nursing home breaches this duty, or when a nursing home breaches this duty as a result of its failure to do something that it should (such as properly monitor employees, ensure the property is maintained in a safe condition, etc.), the nursing home can be held liable--or legally responsible--for damages that result.

In order to win an elder abuse or neglect claim, the plaintiff will need to prove that the nursing home breached its duty of care owed to a resident, the breach of duty of care was the proximate cause of harm, and that actual damages resulted. Examples of damages that are recoverable in a nursing home abuse suit include compensation for all medical bills and future medical costs incurred as a result of the abuse, compensation for noneconomic harm such as pain and suffering, compensation for lawyers’ fees and other legal expenses incurred, and compensation for all other economic and noneconomic damages resulting from the abuse or neglect.

When you call our Vista elder abuse and neglect attorneys, the first thing that we will do is provide you with a free consultation that gives you an overview of your rights, the claim process, and our opinion of your case based on the information that you provide us with. If you decide to hire our legal team, we will immediately open an investigation into your claim, gathering evidence to prove that the abuse or neglect occurred and that it resulted in harm and damages. We will be responsible for all paperwork and claim documents, and provide you with thoughtful representation throughout the process, including representation during settlement negotiations and a lawsuit if necessary.

To learn more about how to file a nursing home abuse or neglect lawsuit and what to do if you suspect nursing home abuse or neglect, call our Vista nursing home abuse and neglect law firm today or send us a message online. We are passionate about what we do, and we are here to serve you.