California Elder/Nursing Home Abuse Lawyer
Call (888) 473-4416 to speak with an attorney.
Every year, tens of thousands of elderly Americans are abused in their own homes, in relatives homes, and even in facilities responsible for their care. As people age and become elderly, they may become more and more physically frail, decrease the sight and hearing senses, and become less able to stand up for themselves if being bullied mentally or physically. You may suspect that an elderly person you know is being harmed physically or emotionally by a neglectful or overwhelmed caregiver, or being preyed upon financially. If this is the case, you need to contact a qualified California elder/nursing home abuse lawyer attorney.
California's second-largest chain of nursing homes, Pleasant Care Corp., recently agreed to pay $1.3 million to settle civil allegations that they were providing negligent care. Unfortunately, nursing home abuse is far too common all across the United States. The National Center on Elder Abuse reports that more than half of America's nursing homes are understaffed. The resulting overload of cases can lead to stress and frustration among staff members and, in turn, to elder/nursing home abuse. According to estimates, abuse or neglect occur in around 30% of all nursing homes across America .
Elder/nursing home abuse presents itself in many different forms, ranging from physical, sexual, and psychological abuse to malnutrition, financial exploitation, and pure neglect. There are some signs and symptoms that can provide evidence of elder abuse or neglect. The more visible signs of abuse include bruises, broken bones, cuts, scars and bedsores. The signs of neglect may be a bit harder to notice because the injuries aren't as readily apparent. Neglect includes providing insufficient food and water, inadequate attention to hygiene in residents who are not self-sufficient, inadequate medical care, and failure to assist residents who have mobility issues.
All nursing home or elder care facilities have an obligation to protect the rights of every single resident, and to provide an attractive, clean, and healthy environment. They are also obligated to treat residents equally, with no discrimination based on race, religion, color, nationality, ability or source of payment. Nursing home facilities are required by federal law to compose a Nursing Home Resident's Bill of Rights, which they are also required to make available to any resident upon request. The Bill of Rights outlines all policies of the specific nursing home, and each facility must require residents to sign a statement, indicating they have read and understood these rights, before admittance. Specific rights include the right to be informed about one's specific medical condition and treatment, the right to participate in planning one's care and medical treatment, the right to choose a physician, the right to manage personal finances, the right to privacy, dignity, and respect, the right to personal possessions, the right to be free from restraints and abuse in nursing homes, the right to voice grievance without retaliation, the right to be discharged or transferred only for medical reasons, and the rights of access.
If you have made the difficult decision to place a family member in a nursing home, you and your family member shouldn't have to suffer through any type of neglect or abuse at the hands of a caregiver or even other residents. If you suspect that someone you love has been abused or mistreated in a nursing home, you should contact a California elder/nursing home abuse lawyer or attorney immediately. If you or someone you love has suffered any type of abuse at the hands of another resident, you should also contact a civil lawyer or attorney if you are seeking damages outside of the facility.
A California elder/nursing home abuse lawyer or attorney will schedule a complimentary consultation with you, in order to will evaluate your case and explain your legal rights. They will also assess any damages they feel you are entitled to as a result of any abuse or neglect caused by a California nursing home.
An elder/nursing home abuse lawyer or attorney has extensive knowledge not only of California state laws, but also of federal laws, and of any relevant precedents which may affect your case. They will develop the strongest case possible, and will argue for your rights either in out-of-court negotiation, or in a court of law.
No one should suffer abuse, mistreatment or neglect at the hands of a nursing-home staff member or home-care provider. If you are ready to contact a California elder/nursing home abuse lawyer or attorney, visit the website of the American Bar Association and use their lawyer locator. Access to the site and the lawyer locator is free.
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