Every year, many families make the difficult decision to place a loved one in a nursing home, trusting the facility to provide proper care. Discovering that a loved one suffered injuries and harm due to abuse or neglect in such a setting is heartbreaking.
Our team of attorneys at Arias Sanguinetti has over 300 years of combined experience. Our Los Angeles nursing home abuse lawyers work to identify responsible parties and determine how negligence or abuse contributed to your loved one’s injuries.
Our Los Angeles personal injury lawyers can evaluate whether civil claims may be available under California law. We do not charge a consultation fee, and if we do not win, our clients owe nothing.
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.
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 have represented families affected by elder abuse and work to pursue accountability under California law when nursing homes fail to meet their obligations.
Types of Abuse That Can Occur in Nursing Homes
Nursing home abuse can happen in various ways and cause significant harm to residents. Both physical harm and emotional trauma have long-lasting effects. Here are some of the main types of abuse:
- Physical abuse: Intentional acts like hitting, kicking, or pushing can cause bodily harm to residents.
- Sexual abuse: Any unwanted or forced sexual contact with a nursing home resident constitutes sexual abuse.
- Emotional abuse: Verbal threats, humiliation, isolation, or other actions can cause psychological distress.
- Financial abuse: Exploiting residents financially through scams, fraud, or theft constitutes financial abuse.
- Neglect: Failing to provide proper care can lead to issues like bedsores, malnourishment, or infections.
If your loved one has suffered at the hands of nursing home staff, we can pursue a personal injury lawsuit to seek financial recovery.
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Los Angeles Nursing Home Resident Bill of Rights
Residents of California nursing homes are granted specific rights under state and federal laws, such as California Health & Safety Code § 1599.1 and 42 C.F.R. § 483.10. These rights are designed to protect them from mistreatment and abuse. Some of these rights include the following:
- Nursing home residents have the right to be treated with respect and dignity.
- They have the right to live free from abuse, neglect, and improper restraints.
- Residents have the right to access timely and appropriate medical care.
- They also have the right to select their doctor and be involved in health care decisions.
- They have the right to handle their finances or entrust them to a reliable person.
- Residents have the right to have private visits and communicate with loved ones.
If you believe your loved one’s nursing home has violated any of these rights, our Los Angeles nursing home abuse attorneys may be able 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.
The following facility‑level problems may contribute to abuse and neglect:
- Facilities may staff below the level needed to meet residents’ needs.
- Caregivers may receive inadequate training for residents with complex conditions.
- Buildings and equipment may be unsafe or poorly maintained.
- Operators may limit spending on care due to financial pressures.
- Organizational management may fail to implement or enforce basic safety protocols.
These factors often result from administrators focusing on profit instead of care. Our Los Angeles nursing home abuse lawyers can evaluate how your loved one’s injuries occurred and take civil action when abuse or negligence contributed to them.
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Common Warning Signs of Elder Abuse in Los Angeles Nursing Homes
Many survivors 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 visits to the ER, broken bones, or burns can signal abuse.
- Pressure ulcers: Bedsores and poor hygiene can point to neglect, such as a failure to reposition immobile residents to prevent pressure ulcers.
- 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 neglect or emotional abuse.
- Signs of physical abuse: Bruises, bite marks, or lacerations can indicate physical abuse.
- Fleeing or running away: Attempts to leave the nursing home or assisted living facility, or frequent wandering off, could signal failure to monitor residents.
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 believe your loved one may be in immediate danger, emergency services may be appropriate. Options can include:
- Call 911: If there’s an immediate threat or medical emergency, you can contact local authorities right away.
- Inform the facility: You can 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: You can also report the abuse to the Los Angeles County 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, you can consult with a nursing home abuse lawyer in Los Angeles.
Statute of Limitations for Nursing Home Abuse in California
In California, you have a limited time to file nursing home abuse lawsuits on behalf of your elderly loved one. The statute of limitations for most cases of abuse or neglect is typically two years, under Code Civ. Proc. § 335.1.
However, for cases involving financial exploitation, you generally have up to four years to file a lawsuit.
Government Claims
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.
Claims involving government-run facilities may require compliance with California’s government claim procedures, which often involve shorter deadlines, such as the six-month deadline to file a formal written notice of claim. Whether those rules apply depends on the facts and the type of claim involved.
If you believe your loved one has suffered physical or psychological injuries, 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 Our Los Angeles Nursing Home Abuse Attorneys Build a Case
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.
The following forms of evidence may help prove nursing home abuse claims:
- Medical records reviewed by qualified professionals, together with any necessary expert testimony, can help establish what happened and why.
- Photographs documenting injuries or unsafe conditions can corroborate abuse or neglect.
- Statements from residents and staff can provide direct accounts of the events.
- Incident reports and any related police records can supply contemporaneous documentation.
- Facility surveillance footage, where available, can objectively show conditions and conduct.
- Prior complaints or regulatory findings involving the nursing home can demonstrate notice or patterns.
- Witness statements from family members, visitors, or third parties can add independent perspectives.
- Documentation of financial losses, such as medical expenses, can substantiate damages.
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?
Multiple parties may be responsible for injuries and harm that nursing home residents endure. Abuse and neglect can result from individual misconduct, poor facility management, or corporate negligence.
Potentially liable parties include:
- Individual caregivers: Staff members who physically harm, neglect, or financially exploit senior citizens may bear liability.
- Facility administrators: Those in charge of hiring, training, and supervising staff may 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 may also be liable 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, California, can investigate the circumstances of your loved one’s injuries.
What Compensation Can Los Angeles Victims and Their Families Pursue?
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.
Common damages that may be recovered include:
- Medical expenses: We may pursue reimbursement for medical bills, such as hospital stays, doctor visits, medications, and therapy needed due to abuse or neglect.
- Pain and suffering: Non-economic damages may account for the physical pain and emotional distress your loved one experienced and continues to endure.
- Relocation costs: Many families must move their loved ones to safer Southern California facilities, which may be costly.
- Financial losses: Our team of attorneys can seek financial recovery for 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. Punitive damages are not available against public entities under California law and may apply only to certain private defendants when legally permitted.
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 may 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.
Let Our Los Angeles Nursing Home Abuse and Neglect Lawyers Help
At Arias Sanguinetti, we are immensely proud of the results we have achieved for our previous clients. Our team of attorneys has obtained over $2 billion in case results.
Though past verdicts and settlements do not guarantee a future outcome, our team understands the challenges families face and is committed to helping you pursue justice for your loved one.
Our Los Angeles nursing home lawyers can pursue civil claims based on the facts of your loved one’s situation and applicable California law. Contact us today. We work on a contingency basis, so there are no costs to share.
Call or text 310-844-9696 or complete a Free Case Evaluation form
