Finding out that a loved one has been suffering abuse and neglect while in a nursing home can be quite devastating. This is because nursing homes are charged with caring for patients without exploitation, abuse or neglect. When elderly people are abused, and neglected, or when nursing care facilities, or caregivers fail to take proper steps to care of the elderly, Harrison Barnes, A Professional Law Corporation nursing home abuse lawyers can hold those responsible for their action.
Nursing neglect and abuse takes many forms, and can include sexual abuse, physical abuse, emotional abuse, neglect, financial abuse, and even abandonment. When neglect and abuse has taken place among elderly patients, care facilities, and care givers can be held liable, and a civil claim can be filed against them for wrongful death or injuries, due to:
Neglect: This can be based on a failure to offer basic needs such as medication, health care, shelter, protection and food. Other forms of neglect can include fall accidents due to slips, or failure of supervision that leads to this.
Abandonment: This occurs after someone deserts a vulnerable elderly person, after assuming responsibility for the care of the elderly person.
Emotional Abuse: This is the infliction of distress, anxiety, and mental pain, on an elderly person through nonverbal and verbal actions.
Physical Abuse: Physical abuse takes many forms and includes infliction of physical pain, assault on an elderly person, deprivation of basic needs, or at times over medication and under medication.
Financial Abuse/ Exploitation: This includes the misuse of property or money that belongs to an elderly vulnerable adult.
Depending on the type of abuse, there are many indicators and signs that are noticeable. One sign may indicate abuse, or it may not be indicative of any abuse. Common signs that a person ought to keep out for include; broken bones, bedsores, burns, sepsis, bruises and even bacterial infection, and abrupt changes in financial situations may indicate exploitation. At times, abused elderly adults may deny the existence of abuse for fear of it occurring again. In unique cases, the abuse may not be noticed since a loved may suffer from dementia or other ailments and so they cannot be able to communicate well.
Any reports of elderly adults’ abuse (those aged 65 and older, and cannot meet their own needs and are abused) should be made to the Long-Term Care Ombudsman’s Office of the Department of Aging, County Adult Protective Services (APS) agency, the Department of Health Services (DHS) and the Attorney General Bureau of Medi-Cal Fraud and Elderly Abuse. You can also contact the local law enforcement agency or even call the Attorney General on the toll free hotline at (800) 722-0432.
Under Welfare and Institutions Code section 15630, certain individuals are mandated to report any form of abuse that they encounter. Such people include medical professionals, clergy, physicians, employees of health care facilities, and skilled nursing facilities. Additionally, other individuals who have assumed responsibility, for the custody and care of elderly adults are also mandated to report abuse. Failure on the part of these individuals to report abuse is viewed as a crime.
Harrison Barnes, A Professional Law Corporation, nursing home neglect attorneys from Los Angeles have represented a lot of families, in neglect and abuse claims against care facilities and care givers across the state. Our attorneys have helped hold accountable the intentional abuse and neglect by caregivers, and also obtain millions in settlements. If you think that one of your loved ones is facing abuse, or is a victim of neglect in a convalescent home, a skilled nursing home, or a long term care center, get in touch with us for a charge free consultation with one of our experienced attorneys.
We serve clients all of Southern California including Pasadena, Century City, and all of Los Angeles. If you or a loved one has been involved in an accident and need legal advice, call our office at (310) 598-1719 today.