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Use FindLaw to hire a local nursing home abuse lawyer near you if you are the victim of nursing home abuse or nursing home neglect. Our law firm accepts every nursing home abuse lawsuit on a contingency fee basis. This agreement ensures that you will owe us nothing until your nursing home abuse lawyer obtains maximum compensation available to resolve your claim. For example, a resident may fall and break a hip due to a lack of supervision by the staff, or they may develop bedsores from being left in the same position for too long. If a resident dies from any of these injuries, their family may be able to file a lawsuit against the nursing home for wrongful death.
Our firm is well experienced in injury matters and we understand the difficult time you are going through. We will guide you through the process and fight for you and your family to get the compensation you deserve. Monetary compensation in a nursing home abuse case generally falls into three categories.
Recognizing Nursing Home Abuse and Neglect In Los Angeles Facilities
If your loved one is injured or suffers suffers LA nursing home abuse and neglect our law firm will seek full and fair compensation on their behalf. Again, the aggravating factor is usually limited staffing and patients suffer as a result. If there are new drugs added to their regimen, especially sedatives or anti-psychotics take note. In many cases nursing homes and assisted care facilities have been known to increase the medication of patients in order to make them more compliant.
Punitive damages are awarded to a plaintiff when an at-fault party has displayed particularly egregious behavior. Punitive damages are meant to act as a punishment in order to deter future acts of malice, oppression, or fraud. Malnutrition or Dehydration— Nursing home patients must be provided with sufficient hydration and nutrition. Because some patients may have difficulty swallowing, this may involve providing intravenous fluids or the use of a feeding tube. Patients that are dehydrated or malnourished experience pain and suffering and are at a high risk of death. A nursing home that fails to provide adequate nutrition and hydration to a patient can be held liable for negligence.
Recognizing the signs of nursing home sexual abuse
Heat-related illnesses and injuries can range from mild to severe, and they can affect older adults in serious ways. As the Mayo Clinic explains, dehydration is especially common among the elderly when they do not drink enough water or experience exposure to high temperatures. Cherepinskiy Law Firm is the elder abuse attorney Los Angeles residents come to for guidance regarding signs of elder abuse and neglect. Clearly, owners and operators of California nursing homes and assisted living facilities have a significant share of the national senior care market. Nursing homes and assisted living facilities constitute a multi-billion-dollar industry, and it is expected to grow even further.
The US Centers for Disease Control recently reported that there are 2 patient falls for every bed in a nursing home or skilled care facility across the US every year. If your loved one is injured while in the care of a nursing home, assisted living or other care facility you can hold them responsible and financially liable under California law. If the cause of nursing home abuse is some type of negligence, this case would fall under the personal injury law. The statute of limitations for filing a personal injury claim, including a nursing home negligence claim, is generally two years from when the injury was discovered . If nursing home abuse or neglect leads to wrongful death, surviving family members generally also have two years to file a wrongful death claim, but only six months to file a survival action.
Advocating for the rights of nursing home residents
Many RCFEs attempt to steer elderly people with acute care needs away from nursing homes, and market themselves as providing services that they are, in fact, not capable of providing. Residential care facilities are notorious for accepting / maintaining residents who need a higher level of care than an assisted living can provide. As an alternative theory to vicarious liability (also referred to as “respondeat superior”), a long-term care facility may face liability for elder abuse based on the doctrine of “ratification”. This theory of liability applies to nursing homes, assisted living facilities, as well as their parent corporations. Apply to claims for punitive damages in actions brought pursuant to the Elder Abuse Act.
Our legal team will determine the best course of action and help you obtain meaningful compensation. Although each claim is unique, you may be awarded damages such as past and future medical expenses, pain and suffering and attorneys’ fees. Above all, we will treat you with the dignity and respect that you deserve. When nursing homes in San Bernardino County fail to provide adequate care to residents who are confined to their beds or have trouble with mobility, those residents can develop bed sores. While early stage bed sores can usually be treated effectively, bed sores that worsen can result in debilitating and life-threatening harm.
Our nursing home abuse lawyer represents victims throughout Los Angeles and Southern California. We are here to help your family achieve justice following abuse or neglect in an LA nursing home or assisted living facility. The financial shortcuts used by Assisted Living facilities and Nursing Homes often lead to serious, and in some tragic cases, fatal consequences. When elder abuse or neglect in the hands of a nursing home or an assisted living facility causes the death of a loved one, the surviving family may pursue a Wrongful Death action. The California Supreme Court opinion in White v. Ultramar, 21 Cal. 4th 563 contains a detailed analysis of the “managing agent” doctrine. California Nursing Home Abuse Lawyers Prepared to Fight for Your Rights The Law Offices of Ben Yeroushalmi is a Los Angeles elder abuse firm exclusively dedicated to helping victims of nursing home and assisted living neglect and abuse.
And what type of evidence can be used in a Southern California nursing home negligence lawsuit? Our experienced Riverside County nursing home neglect lawyers at our firm can provide you with more information. As an aggressive Los Angeles nursing home neglect lawyer, Dmitriy Cherepinskiy, and his firm, tirelessly pursue justice.
Every year, California residential care facilities for the elderly, licensed by the Department of Social Services, serve as a home for more than 170,000 residents. Elder Angels is a California advocacy group dedicated to stopping financial elder abuse. They provide information on financial abuse, fraud, and scams and support services to victims and their families. Under California law, certain surviving family members may be legally entitled to pursue compensation if their loved one dies due to the negligence or malice of another party. A wrongful death claim can allow family members to recover damages for the losses they’ve suffered due to their loved one’s wrongful death. In California, victims of nursing home abuse may be able to recover financial compensation for the losses they’ve suffered due to their injuries.
At times, nursing homes attempt to cut costs by having inadequate staff or by hiring workers who lack experience and training. No matter the reason, nursing homes must be held to account for injuries caused by their negligence. At J&Y, we have the skills and resources to fight nursing home neglect and to help injury victims obtain just compensation.
Although nursing homes typically have powerful attorneys to defend their misconduct, we have the skills and experience to hold them accountable. Wandering or Elopement — Many nursing home patients are memory impaired due to dementia, Alzheimer’s disease and brain injuries. While these patients often require specialized care in memory centers, many nursing homes lack the resources to properly care for and supervise memory-impaired patients.
Dehydration and Malnutrition Nursing homes in California must provide adequate liquid and well-balanced meals to residents. Dehydration and malnutrition occur when someone is provided with inadequate fluids and nutrition. They can cause muscle weakness, confusion, and infections, as well as a weakened immune system, bed sores, and falls.
In California, nursing home residents that experience abuse or neglect have a right to take action against the at-fault individuals or entities. California’s Elder Abuse and Dependent Adult Civil Protection Act specifically protects elderly and dependent adults from abuse, neglect, and abandonment. This act gives senior citizens and dependent adults the right to take legal action against abusive parties, including perpetrators of nursing home abuse. J&Y is dedicated to fighting for the rights of victims of nursing home neglect. When you become our client, we will conduct a thorough investigation, which includes a review of the facility’s medical records to determine whether a plan of care was established and followed.
The following types of questions may be able to reveal abuse or neglect. Contact a Pasadena Nursing Home Abuse and Neglect Attorney Do you need assistance with a potential case of abuse in a Pasadena nursing home or rehabilitation facility? Contact the Southern California Nursing Home Law Group today to schedule an initial consultation. Nursing homes – unless a patient requires long term care, a typical length of stay is short term.
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