Every year, many families make the difficult decision to place a loved one in a nursing home, trusting the facility to provide proper care. Unfortunately, that trust is sometimes broken when abuse or neglect occurs, leading to serious injuries or worse.
At Arias Sanguinetti, we have fought for victims and their families, obtaining well over $1.5 billion for our clients. If your loved one has suffered harm, a Los Angeles nursing home abuse lawyer from our team can help hold those responsible accountable. Accountability makes all seniors safer.
Whether it’s nursing home abuse or another form of injury, a Los Angeles personal injury lawyer from our team of lawyers is here to fight for your family’s rights and well-being.
Understanding Abuse in Nursing Homes
Nursing home abuse occurs when staff or administrators intentionally or unintentionally harm residents, whether physically, emotionally, or financially. Our team of lawyers is committed to helping families whose loved ones have suffered in these environments, fighting for the safety and dignity of nursing home residents.
Neglect in nursing homes happens when a facility fails to meet the basic needs of its residents, like providing proper meals or medical care. This neglect can lead to serious injuries, infections, mental declines, and even death for vulnerable residents.
We are proud of the case results we’ve achieved for families affected by elder abuse. Our team is here to help you seek justice and hold those responsible accountable for their actions.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, all of which can cause significant harm to residents. Whether it’s physical harm or emotional trauma, the effects are often long-lasting. Here are some of the main types of abuse:
- Physical abuse: Intentional acts like hitting, kicking, or pushing that cause physical harm to residents.
- Sexual abuse: Any unwanted or forced sexual contact with a nursing home resident.
- Emotional abuse: Verbal threats, humiliation, isolation, or other actions that cause psychological distress.
- Financial abuse: Exploiting residents financially through scams, fraud, or theft.
- Neglect: Failing to provide proper care, leading to issues like bedsores, malnourishment, or infections.
If your loved one has suffered at the hands of nursing home staff, it may be time to pursue legal action to protect their rights.
Los Angeles Nursing Home Abuse Lawyer Near Me 310-844-9696
Los Angeles Nursing Home Resident Bill of Rights
Residents of California nursing homes are granted specific rights under state and federal laws – the Nursing Home Residents’ Rights. These rights are designed to protect them from mistreatment and abuse. Some of the key rights include:
- The right to be treated with respect and dignity.
- The right to engage in activities and set your own schedule.
- The right to live free from abuse, neglect, and improper restraints.
- The right to access timely and appropriate medical care.
- The right to select your doctor and be involved in health care decisions.
- The right to handle your finances or entrust them to a reliable person.
- The right to have private visits and communicate with loved ones.
If you believe a nursing home has violated any of these rights, our Los Angeles nursing home abuse attorneys are here to help you take legal action.
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Causes of Abuse in Nursing Homes
As Los Angeles nursing home abuse attorneys, we’ve seen various reasons why residents in living facilities and skilled nursing facilities may be mistreated.
Sometimes abuse happens without reason, but often, it’s either due to a staff member exploiting their position of power over a vulnerable resident or due to their taking out their frustration regarding understaffing on a resident.
Abuse and neglect also stem from facility issues like:
- Insufficient staff to meet residents‘ needs
- Inadequate training for caregivers
- Unsafe or poorly maintained facilities
- Limited financial resources
- Poor organizational management
These factors often result from administrators focusing on profit instead of care. Nursing home abuse victims deserve justice, and our Los Angeles nursing home abuse lawyers are here to help ensure their rights are upheld.
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Common Warning Signs of Elder Abuse in Los Angeles Nursing Homes
Nursing home abuse is often underreported, with only 1 in 24 cases brought to light, according to the National Center on Elder Abuse. Many victims can’t communicate their suffering due to dementia, fear, or retaliation, leaving it to family members to spot the signs of abuse and take action.
Here are common signs to watch for:
- Unexplained injuries: Frequent trips to the ER, broken bones, or burns can signal abuse.
- Pressure ulcers: Bedsores and poor hygiene can point to neglect.
- Fear of a staff member: Sudden anxiety or avoidance of certain staff may be a red flag.
- Mental health changes: Depression, anxiety, or suicidal thoughts could indicate emotional abuse.
- Signs of physical abuse: Bruises, bite marks, or strap marks should never be ignored.
- Fleeing or running away: Attempts to leave the facility or frequent wandering off could signal distress or mistreatment.
If you see any of these signs, it’s important to report them immediately and consult with a Los Angeles nursing home abuse attorney.
Can Pressure Sores Indicate Nursing Home Neglect?
Yes, pressure sores, or bed sores, are often a sign of nursing home neglect. They develop when a resident is left in the same position for too long, cutting off blood flow and causing painful skin damage.
Pressure sores range in severity, and if untreated, they can worsen and lead to serious infections like sepsis. In extreme cases, they can even be life-threatening.
In nursing home abuse cases, these sores are usually preventable. Proper care includes regularly repositioning residents and using specialized equipment to prevent pressure sores from forming.
How to Report Nursing Home Abuse
If you suspect your loved one is a victim of nursing home abuse, it’s essential to act quickly to protect them.
Here are the steps you should take:
- Call 911: If there’s an immediate threat or medical emergency, contact local authorities right away.
- Inform the facility: Remove your loved one from harm and report the abuse to the living facility’s management. Then, document who you speak with.
- Contact local agencies: Report the abuse to Los Angeles County’s Adult Protective Services or the Elder Abuse Hotline through Adult Protective Services (APS)for assistance—it is available 24/7.
After ensuring your loved one’s safety, reach out to a nursing home abuse lawyer in Los Angeles to pursue legal action and hold the facility accountable.
Statute of Limitations for Nursing Home Abuse in California
In California, you have a limited time to file nursing home abuse claims on behalf of your elderly loved one. The statute of limitations for most cases of abuse or neglect is typically two years from the last incident.
However, for claims involving financial exploitation, you generally have up to four years from the date of the incident to file a lawsuit.
If the neglect or abuse occurred at a government-run nursing home or one operated by a state or local government, the statute of limitations is much shorter. You generally have only six months to file a government claim against the facility or agency responsible. Missing this deadline can severely limit your ability to pursue justice.
If you believe your loved one has been harmed, acting quickly can help protect their rights. An early investigation strengthens the case by preserving evidence. Our Los Angeles nursing home abuse attorneys are here to listen and guide you through your options.
How to Prove Nursing Home Abuse in Los Angeles
In a nursing home abuse lawsuit, the plaintiff must prove the abuse occurred. Civil cases require a preponderance of the evidence, meaning it’s more likely than not that abuse happened. This lower standard allows for financial compensation even when criminal charges aren’t possible.
Evidence that can help prove nursing home abuse claims includes:
- Professionally examined medical records and expert testimony
- Photos of injuries or forms of abuse
- Patient and staff statements
- Incident reports or police records
- Facility surveillance footage
- Prior complaints filed against the nursing home
- Witness statements
- Evidence supporting financial losses, such as medical bills
If you suspect abuse, an elder abuse lawyer can assist in collecting the necessary evidence to build a solid case.
Who Is Liable for Nursing Home Abuse in Los Angeles?
When an elderly resident suffers harm in a residential care facility, multiple parties may be responsible. Abuse and neglect can result from individual misconduct, poor facility management, or corporate negligence. Identifying liability is key to holding the right people accountable.
Potentially liable parties include:
- Individual caregivers: Staff members who physically harm, neglect, or financially exploit senior citizens can be held responsible.
- Facility administrators: Those in charge of hiring, training, and supervising staff can be liable if their failures lead to abuse.
- Corporate owners: Many long-term care facilities are owned by large corporations that prioritize profits over patient safety. If their policies contribute to neglect, they may face legal consequences.
- Third–party contractors: Outsourced medical staff, maintenance workers, and other vendors can also be held accountable if their actions cause harm.
California law requires nursing homes to provide a safe environment for residents. If a facility fails to train or supervise employees properly, it may be liable for any resulting harm. Our experienced nursing home abuse lawyers in Los Angeles can investigate the circumstances of your case and fight for justice on behalf of your loved one.
What Compensation Can Los Angeles Victims and Their Families Recover?
Victims of nursing home abuse and their families may be entitled to financial recovery for the harm caused. Compensation depends on the severity of injuries and whether the abuse resulted from negligence or intentional misconduct. Our legal team fights for the maximum compensation available under California law.
Common damages that may be recovered include:
- Medical expenses: Covers hospital stays, doctor visits, medications, and therapy needed due to abuse or neglect.
- Pain and suffering: Accounts for the physical pain and emotional distress endured by the dependent adult or elderly resident.
- Relocation costs: Many families must move their loved ones to safer Southern California facilities, which can be costly.
- Financial losses: Reimburses stolen funds, fraudulent credit card charges, or financial exploitation.
- Punitive damages: If the abuse was intentional or involved extreme negligence, additional compensation may be awarded to punish the wrongdoers.
Treble Damages Under California’s Elder Abuse Laws
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) allows victims of financial elder abuse to seek treble damages, which can triple their financial recovery when the abuse is intentional, reckless, or malicious. These penalties are designed to punish exploitative behavior and deter future wrongdoing.
It is important to note that treble damages only apply in cases of financial elder abuse. This means that treble damages will not apply to physical or emotional abuse unless those cases also involve financial exploitation.
To pursue treble damages, families must present clear and convincing evidence of misconduct.
How to Choose a Safe Nursing Home for Your Loved One
Choosing the right nursing home care for a loved one is one of the most important decisions a family can make. You want to trust that they will be safe, respected, and well cared for.
While many elder care facilities look welcoming on the surface, some may have issues that put residents at risk. Taking the time to evaluate a facility carefully can help ensure your loved one receives the adequate care and dignity they deserve.
Important factors to consider include:
- Staff–to–resident ratio: Facilities with too few caregivers may struggle to provide adequate care, leading to neglect.
- Health inspections: Review state reports to check for past violations or safety concerns. California’s Department of Public Health publishes records of health inspections for licensed facilities.
- Online reviews and complaints: Families often share their experiences online. Consistent complaints about understaffing, poor hygiene, or mistreatment should raise concerns.
- Resident engagement: A quality facility will offer social activities, outings, and personalized care to enhance residents’ well-being.
Red flags to watch for:
- Strong odors or unsanitary conditions
- Staff unwilling to answer questions or provide documentation
- High staff turnover rates
- Unexplained injuries or residents appearing fearful
- Limited access to medical professionals
If you suspect a facility is not meeting proper care standards, consulting with elder abuse attorneys can help you understand your options. Protecting your loved one starts with choosing a facility committed to safe and respectful nursing home care.
Why You Need a Los Angeles Nursing Home Lawyer
If you suspect abuse or neglect in a nursing home, it’s important to take action quickly. Seeking legal help can make a significant difference in protecting your loved one and holding those responsible accountable.
At Arias Sanguinetti, we are immensely proud of the results we have achieved for our previous clients. Our team understands the challenges families face and is committed to helping you pursue justice for your loved one.
A Los Angeles nursing home lawyer from Arias Sanguinetti can guide you through the legal process and fight to protect your family’s rights. Contact us today for a confidential consultation to discuss your case and how we can help.
Call or text 310-844-9696 or complete a Free Case Evaluation form
