It’s crucial to trust your gut when deciding whether the time has come to move your loved one to another facility. Nursing homes are far from perfect – it’s important to monitor the condition of your loved ones in their care. Since many elders in nursing homes are non-verbal or have memory challenges, they may not be able to effectively communicate or even understand if they are being neglected or abused. Take an active role – ask questions and investigate your suspicions. Nursing homes in California and across the nation are experiencing significant increases in elder neglect, largely due to corporate-owned facilities prioritizing profit over care by reducing staff and cutting spending on essential supplies. One of the central factors propelling this alarming trend is underreporting of elder abuse in nursing homes – as few as 1 in 24 cases of elder abuse are reported to authorities. If you discover that your loved one has been neglected or abused, it’s essential to act immediately. Contact the appropriate authorities, document the neglect or abuse, and take steps to remove them from the unsafe environment as soon as possible to ensure their safety.
Taking legal action after uncovering elder abuse is crucial not only for obtaining the justice you deserve but also for preventing future harm to other seniors. Our team of Los Angeles elder abuse lawyers is committed to protecting our seniors. Contact us today to learn more about how we may be able to help.
What are the Common Signs of Elder Abuse in Nursing Homes?
It’s crucial to recognize the signs of elder abuse in nursing homes when you see them. There is a strong financial motivation for facility administrators to cover up or disregard neglect and abuse. Even the best intentioned nursing home employees may perpetuate neglect under the strain of understaffing.
It is important to document and take pictures of any signs of elder abuse. Common signs of elder abuse in nursing homes include:
- Physical Injuries. Any physical injury is worth investigating. Many injuries, from slip and falls to medication errors, may be the preventable outcome of negligent care.
- Pressure Sores. Pressure sores are a very common result of elder neglect in nursing homes. These injuries, also known as pressure ulcers, arise from prolonged pressure on the skin and underlying tissues, usually over bony areas such as the heels, hips, or lower back.
- Psychological Distress. Be on the lookout for crying, fear, or deep depression. These may be signs of mistreatment.
- Dirty Sheets or Medical Supplies. Sanitary conditions are a key factor of the standard of care – take note of any dirty essential items.
- Soiled Undergarments. No one deserves to be left in a soiled undergarment. This is a major red flag and is a health and quality of life concern.
- Sudden Loss of Savings. Financial elder abuse costs seniors millions each year. Certain caregivers make take advantage of a senior’s cognitive decline to manipulate them into giving away their money.
Even if you are not sure you want to take legal action, documenting these signs of elder abuse in nursing homes is critical. Seniors deserve a high standard of care and retaining proof keeps your options open.
How do I get out of my nursing home contract when I discover elder abuse?
If you’ve decided to move your loved one, the first step is to review the admission contract to check what tenancy your loved one has at the facility. It’s possible that the admission contract is month-to-month, but it may also be for a longer term. The admission contract will contain details regarding the process to end the tenancy before termination of the contract.
Conduct all communications via email. If you need to call on the phone, take copious notes and email this record to the facility after your call. Make sure to ask for and receive your loved one’s file from the original facility. Moving facilities can be expensive – our team of Los Angeles elder abuse lawyers can help you recover these costs.
When you choose your new facility, avoid signing an arbitration agreement. It is likely the nursing home will ask you to sign one, but California law makes it illegal to make admission contingent on signing an arbitration agreement. An arbitration agreement limits the liability of the nursing home and there is no apparent benefit to you from signing this agreement.
What damages can I recover if I sue for elder abuse in a nursing home?
The harm caused by elder abuse in nursing homes can be substantial. You should not have to bear that financial and emotional burden of the damages you suffer alone. Our team of Los Angeles elder abuse attorneys believes in holding nursing homes accountable for negligent or abusive care.
Our team has helped past clients recover financial compensation for:
- Medical Expenses. This can be a major expense when recovering from elder abuse. Our team can help you recover these costs, as well as any projected future costs from any lasting impairments arising from the abuse.
- Pain and Suffering. Surviving elder abuse is traumatic for both the senior in question and their family. You deserve to be compensated for your pain and suffering.
- Relocation Costs. If you need to relocate your loved one, you may be able to recover these costs through legal action.
- Wrongful Death. If your loved one died as a result of the abuse and neglect, our Los Angeles wrongful death lawyers can help you bring an expanded claim.
- Lost Wages. If you lost wages as a result of the abuse of your loved one, you may be able to include these lost wages in your claim.
- Punitive Damages. In some cases, punitive damages may be appropriate. This form of damages does not compensate you for your experience but rather is intended to punish the responsible party if it engaged in gross negligence. For example, punitive damages could be appropriate in a case of routine corporal punishment.
Our team of Los Angeles elder abuse lawyers believes strongly that accountability is the only way to prevent future abuse. We’ve seen firsthand the relief that justice can bring.
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What Does It Cost to Hire a Los Angeles Elder Abuse Lawyer?
At Arias Sanguinetti, we are proud to work on a contingency basis, which means that our clients never have to pay out-of-pocket costs. Our work is free until we win for you. Financial status should never be a barrier to top-notch legal representation.
Contact us today to take the first step toward justice.
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