When you trust a nursing home to care for your loved one, you expect them to be safe and treated with respect. Finding out they’ve suffered abuse is heartbreaking and completely unacceptable. At Arias Sanguinetti, we’ve helped families in your position seek justice, obtaining well over $1.5 billion for our clients.
If something feels wrong, talking to a San Jose nursing home abuse lawyer can help you understand what’s happening and what you can do next. Holding negligent caregivers and facilities accountable protects your loved one and others in their care.
Serious injuries require legal guidance from a San Jose personal injury lawyer who understands elder abuse claims. We’re here to listen, investigate, and fight for your family.
What Is Nursing Home Abuse?
Nursing home abuse can take many forms. It often happens behind closed doors, making it difficult for families to detect until serious damage has already been done. Whether intentional or due to neglect, abuse strips elderly residents of their dignity, health, and security.
Many victims stay silent out of fear or shame, making it essential for family members to recognize warning signs. If something feels wrong, trust your instincts. A San Jose nursing home abuse lawyer can help uncover the truth and protect your loved one.
Physical Abuse
Physical abuse in nursing homes involves intentional harm inflicted on residents. This can include hitting, kicking, slapping, or using excessive force during care. Some staff members misuse restraints, causing injuries or distress, while others forcibly administer medications or treatments without consent.
Signs of physical abuse may include:
- Unexplained bruises, cuts, or fractures
- Restraint marks on wrists or ankles
- Sudden fearfulness or anxiety around caregivers
If a loved one flinches when touched or seems nervous around staff, it could indicate ongoing abuse.
Emotional Abuse
Emotional abuse targets a resident’s mental and emotional well-being. This can take many forms, including verbal threats, humiliation, intimidation, or isolating a resident from family and friends. Staff members who mock, belittle, or manipulate residents can cause lasting psychological harm.
Warning signs include:
- Withdrawal from social activities
- Sudden depression or anxiety
- Uncharacteristic personality changes
A resident who once enjoyed socializing but now avoids interaction may be suffering from emotional abuse.
Neglect
Neglect occurs when nursing home staff fails to provide proper care, leading to serious harm. This may include insufficient food and hydration, poor hygiene, unsanitary conditions, or failure to provide necessary medical attention. Some residents develop infections or bedsores from being left unattended for too long.
Common signs of neglect include:
- Sudden weight loss or dehydration
- Bedsores or untreated wounds
- Dirty clothing, bedding, or unsanitary living conditions
In extreme cases, neglected residents may attempt fleeing or running away from the facility due to unsafe conditions.
Financial Abuse
Financial abuse happens when someone exploits or steals from an elderly resident. This can involve unauthorized bank withdrawals, misuse of credit cards or checks, or coercion to change wills, trusts, or power of attorney documents. Banks may also be held accountable if they ignore red flags or allow suspicious transactions.
Signs of financial abuse include:
- Unexplained financial activity or missing funds
- Sudden changes to financial documents
- Lost possessions or confusion about money matters
If you suspect financial exploitation, a San Jose nursing home abuse attorney can help investigate and hold the responsible parties accountable.
Laws Regarding Elder Abuse
California has strong legal protections in place to prevent and address elder abuse, particularly financial exploitation. Understanding these laws can help families take action when their loved ones are harmed.
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Damages You Can Recover in a Nursing Home Abuse Case
When pursuing a nursing home abuse case, you may recover various damages. An experienced San Jose nursing home abuse attorney can help identify what applies:
- Reimbursement for past medical bills covers prior treatment costs.
- Future medical costs address ongoing care needs.
- Pain and suffering your loved one experienced and continues to endure.
- Loss of consortium.
- Reduced quality of life due to the loss of enjoyment and independence.
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, tripling their financial recovery when the abuse was intentional, reckless, or malicious.
These penalties discourage exploitation and hold wrongdoers accountable. Families must present clear and convincing evidence of misconduct to pursue treble damages.
Holding Banks Accountable
Financial institutions play a critical role in preventing elder financial abuse. Banks are expected to monitor transactions for unusual activity and report potential exploitation. When they fail to do so, they can be held accountable.
Examples of bank negligence include:
- Ignoring suspicious withdrawals or account activity
- Failing to investigate unusual transactions
- Allowing unauthorized individuals to access funds
A San Jose nursing home abuse attorney can investigate whether a bank’s negligence contributed to financial exploitation and take legal action if necessary.
Statute of Limitations for Financial Elder Abuse
California law allows four years from the discovery date of financial elder abuse to file a claim (Welfare and Inst. Code § 15657.7). For physical or neglect-based abuse, you have two years from the incident, or six months if against a government-run facility, as outlined in our FAQ on government claims in California.
Delaying action can limit legal options. Seeking guidance as soon as financial abuse is suspected can help protect your loved one’s rights.
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Common Issues in San Jose Nursing Homes
Nursing homes in San Jose are responsible for providing safe, attentive care to elderly residents. However, some facilities struggle with serious issues that increase the risk of abuse and neglect.
Some of the most common problems in San Jose nursing homes include:
- Understaffing and inadequate supervision
- Insufficient caregiver training
- Negligent medical practices
Recognizing these issues helps your family act proactively to protect your loved ones.
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How Our San Jose Nursing Home Abuse Lawyers Can Help Your Family
Our approach is built around clear, supportive guidance for families facing nursing home abuse. We offer personal consultations in a setting that’s convenient for you, whether at home or in a care facility. This allows us to listen to your concerns and provide legal advice without adding unnecessary stress.
Our team conducts in-depth investigations, often working with San Jose private investigators to gather strong evidence. We also help secure medical liens, so your loved one can receive necessary treatments without the burden of immediate medical costs.
We work on a contingency fee basis, meaning we charge no upfront fees. Our fee is a fixed percentage of the settlement or judgment, taken only if we recover damages for you.
Protect Your Loved One from Nursing Home Abuse
If you suspect or know that a loved one has suffered abuse in a nursing home, taking action is important. The harm they’ve endured—whether physical, emotional, or financial—can’t be ignored. At Arias Sanguinetti, we have over 300 years of combined experience holding negligent facilities and caregivers accountable.
A San Jose nursing home abuse lawyer from our team will investigate the abuse, gather evidence, and take legal action. We work with medical experts, financial specialists, and private investigators to build a strong case and hold the responsible parties accountable.
We offer free consultations and work on contingency, meaning you don’t pay unless we win. If you’re ready to take the next step, contact us today. We’re here to listen, support you, and take action to protect your loved one’s rights.
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