Articles Posted in Elder Abuse

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Nobody should have to learn that an elderly loved one has suffered injuries while living in a San Bernardino County nursing home. Yet injuries and deaths resulting from nursing home abuse and neglect happen much more frequently than most of us would like to think about. When an older adult does suffer serious injuries, or dies as a result of those injuries, it is critical to begin working with a San Bernardino County nursing home abuse lawyer to file a claim against the responsible parties. 

Yet how do you determine who is responsible for a senior’s injuries? Does liability differ when injuries arise out of unintentional passive neglect as opposed to intentional physical or psychological abuse? Every case has its own set of circumstances, so it is essential to determine how to file your claim with help from a lawyer. In the meantime, we want to provide you with general information about some of the parties who could be liable for injuries in a nursing home abuse lawsuit in Southern California.

Nursing Home Staff Members

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Elder abuse in an Orange County nursing home can be difficult to identify no matter what form the abuse takes. Yet some types of nursing home abuse are even more difficult to identify than others because they do not have obvious physical signs and symptoms. There are many different forms of nursing home abuse, including physical abuse, sexual abuse, willful deprivation, passive neglect, and psychological or emotional abuse. With many of those forms of abuse, friends or family members might see physical signs, like cuts or bruises, restraint marks, or bedsores. Yet when it comes to psychological abuse, the signs are not always as prominent.

We want to tell you more about psychological abuse, and to encourage you to seek help from a nursing home abuse lawyer if you have suspicions of abuse or neglect affecting your elderly loved one. 

Understanding Psychological Abuse in a California Nursing Home

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When you have a loved one in a Riverside County nursing home or assisted living facility, or an elderly family member recently passed away while residing in a skilled nursing facility in Southern California, you might have concerns about whether nursing home abuse or neglect has played a role in your relative’s injuries or death. Most people do not have any specialized knowledge about how to detect elder abuse and neglect. As such, it can be extremely difficult to know whether you should move forward with a claim against the facility, or whether you should report the facility or launch an investigation. 

In short, it can be extremely difficult to know with certainty whether nursing home abuse or neglect has occurred. We want to offer you some information that can help if you are grappling with the complicated question of whether or not to file a nursing home abuse lawsuit in Riverside County.

Ask a Riverside County Nursing Home Abuse Attorney for Help 

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Worrying about an elderly loved one in an Orange County nursing home can be stressful and exasperating. When you have suspicions or concerns about nursing home abuse but you are not certain if you have clear evidence of negligence, you may feel unsure about whether you should move forward with allegations against a specific caregiver or against the nursing home or assisted-living facility. Many people find themselves in this situation, and it is critical to remember that the failure to take action can have serious consequences. If an older adult is suffering harm as a result of elder abuse or neglect at a California facility, the consequences can be debilitating and even fatal. 

Ultimately, if you have any suspicions or concerns about nursing home neglect, you should talk with an Orange County nursing home abuse lawyer as soon as you can. In the meantime, we want to provide you with some details about the varied consequences of nursing home abuse, particularly when it goes unreported, in California skilled nursing facilities.

Physical Harm and the Elderly Victim

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While most of us like to think about the holiday season as a time of joy and getting together with family members and friends, this holiday season is already looking quite different due to the risks of COVID-19 infection. For many nursing home residents, COVID-19 infections can prove fatal, and residents of nursing homes and assisted-living facilities may be at greater risk of getting sick in an outbreak at one of these facilities. As such, many seniors in San Bernardino County nursing homes likely will not have the same guests this year as in years prior. 

In years without a global health pandemic, the holiday season is often one of the best times for family and friends to look for signs of nursing home abuse and neglect while visiting elderly parents and loved ones. Without regular visits during the holidays, seniors could suffer the effects of nursing home abuse or neglect without having any loved ones nearby to help stop the abuse and to help get care. This holiday season, it is essential to recognize that elder abuse and neglect will not simply stop because there is a global health pandemic. It is important to understand the signs of abuse and to check on elderly relatives who could be suffering from serious injuries in San Bernardino nursing homes and assisted-living facilities.

What Should You Know About Elder Abuse in Nursing Homes? 

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Nursing home abuse and neglect can take many different forms in San Diego County, from physical abuse to emotional or psychological abuse. While many families know the warning signs of physical abuse or passive neglect, such as restraint marks, bruises, or bedsores, knowledge about sexual abuse in the nursing home setting is less common. Yet a recent case in El Cajon serves as a warning about nursing home sexual abuse and the serious risks that seniors face. According to a recent report from KPBS News, a 73-year-old woman was sexually assaulted by a staff member at the El Cajon nursing home, and the nursing home failed to take the necessary steps to hold the staff member accountable. 

Nursing Assistant Sexually Abuses Elderly Patient

According to the report, the nursing home sexual abuse occurred at Avocado Post Acute nursing home in El Cajon, California. The 73-year-old patient who sustained the abuse described it as “one of the most horrifying experiences of her life.”

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Nursing home residents in Orange County have a wide variety of rights under California law, which are designed to protect nursing home residents from elder abuse and neglect. Much too often, seniors in skilled nursing facilities in Southern California are still subject to poor care and intentional abuse, and many suffer serious or life-threatening injuries as a result. However, it is still important for older adults and their families to know what their rights are under California law. 

Even if the existence of nursing home residents’ rights are insufficient to prevent nursing home abuse or neglect from happening in the first place, recognizing rights and understanding when they have been violated may allow a senior or her family to take action by filing a claim against the facility or a particular healthcare provider. The following are examples of the resident rights in Orange County nursing homes.

General Residents’ Rights in California Nursing Homes

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Nursing homes in San Bernardino County and throughout the state of California have a duty to patients when it comes to infection-control measures and preventing the spread of COVID-19. Yet many facilities have not provided the type of protection that is necessary for seniors, resulting in serious and deadly COVID-19 infections. When a nursing home fails to provide the type of protection to seniors that is necessary to avoid infection with a deadly virus, the nursing home may be liable for negligence. According to a recent report in Becker’s Hospital Review, hospitals and nursing homes across California are facing tens of thousands of dollars in fines for “lax coronavirus protection.” 

Lack of Personal Protective Equipment (PPE)

One of the most important infection-control measures for nursing homes is providing personal protective equipment (PPE) to staff. PPE helps to prevent nursing home staff members from contracting the virus in a nursing home, but also from spreading it to patients within the facility. According to the article, the California Occupational Safety and Health division is currently proposing more than $77,000 in fines for five skilled nursing facilities and hospitals in the state for failing to provide adequate PPE.

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If you are considering a nursing home abuse lawsuit in Riverside County, you are likely wondering what steps you will need to go through during the claims process, and how the lawsuit will work more generally. The most important part of any nursing home abuse lawsuit is hiring an experienced nursing home abuse attorney who can help you to hold the nursing home and any other parties accountable. While each lawsuit will have its own particularities based on the facts of the case, the following are general steps that you can expect in a nursing home abuse lawsuit.

 
Meeting With a Nursing Home Abuse Attorney

 
The first step in any nursing home abuse case is to meet with a nursing home abuse lawyer in order to receive case evaluations and to select an attorney for your case. When you first meet with a nursing home abuse attorney in Riverside County or elsewhere in Southern California, that lawyer will evaluate your case and will provide you with more information about what you should expect in the case and what type of compensation you might be able to expect.

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The prospect of filing a nursing home abuse lawsuit in San Diego County can feel daunting, especially if you are unsure about whether it makes sense to begin the process of taking action against a particular facility. The most critical thing to remember is that, if you have any suspicions about nursing home abuse or neglect, it is always a better idea to do something than to hope that your concerns are misplaced. Much too often, nursing home abuse occurs—and continues to happen—because nobody takes action to stop it. An experienced San Diego County nursing home abuse attorney can help you to understand whether you have a valid claim, and what steps you need to take in order to move forward with a lawsuit.

 
In the meantime, the following are some commonly asked questions about nursing home abuse claims, along with answers to help you get started.

 
How Does California Law Define Nursing Home Abuse?

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