As they get older‚ elders become more physically frail and less able to think and act rationally. In addition‚ they become less able to stand up to bullying or fight back if they are attacked. This makes the elderly population susceptible to being manipulated and taken advantage of‚ mentally‚ physically‚ and financially. Hire an experienced nursing home abuse lawyer in San Diego from Jurewitz Law Group Injury & Accident Lawyers if you are injured by an accident and have significant head injuries.
Tens of thousands of seniors across the United States (and in San Diego) are being abused by someone directly responsible for their care. More than half a million reports are made each year and many more go unreported.
What is Nursing Home Abuse?
It has become extremely demanding to care for an elder‚ and so‚ many older Americans are being cared for by others outside of their immediate family‚ either by hired help or in long-term care facilities or nursing homes. Assisted living facilities also play a role, with strict standards of care required to ensure the safety and well-being of residents. However‚ it most often occurs in the home‚ by adult children‚ grandchildren or spouses of elders. In a skilled nursing facility, the responsibilities include preventing neglect and abuse, ensuring that residents do not suffer due to negligence.
Types of Elder Abuse
Some of the types of abuse and neglect that elders experience in nursing homes in California are:
- Elder Physical Abuse: Non-accidental use of force that causes an elder physical pain‚ injury‚ or impairment.
- Elder Emotional Abuse: Verbal intimidation through yelling‚ humiliation and habitual blaming and Non-Verbal psychological – ignoring‚ isolating from friends and activities‚ terrorizing.
- Senior Sexual Abuse: Sexual contact without elder’s consent; sexual acts‚ forcing the victim to watch pornographic material‚ or forcing an elder to undress are all considered abuse. Physical or sexual abuse can occur from both caregivers and fellow residents, and nursing facilities have a responsibility to protect vulnerable seniors from these egregious acts.
- Elder Neglect: Abandonment by caregivers to fulfill caretaking obligation. This includes ignorance or denial of proper care. Recognizing and reporting nursing home neglect is crucial, as many incidents go unreported. Loved ones must be vigilant in identifying signs of neglect to protect vulnerable residents.
- Elder Financial Exploitation: Unauthorized use of an elderly person’s funds or property. Financial abuse is a critical form of mistreatment that can occur alongside other types of abuse in nursing homes. Awareness and action against these violations are essential to protect the elderly.
- Healthcare Fraud and Abuse: Healthcare fraud and abuse can be perpetrated by unethical doctors‚ hospital personnel‚ or other care providers. Healthcare fraud can take many forms, including overbilling, overprescribing medications, and others, so contact an experienced lawyer for help identifying this form of abuse.
- COVID-19 Illness and Death: If a nursing home failed to take the necessary and required precautions to protect your loved one from COVID-19 and they became ill or died as a result, contact our experienced attorneys right away.
How Can I Tell if There is Elder Abuse?
Look for signs of abuse. The general warning signs to look for if you suspect some kind of elder abuse are frequent arguments or tension between the caregiver and the elder and changes in the elder’s personality or behavior. Also look for physical signs of abuse‚ such as bruises‚ scars‚ or sprains. Look for cases involving unsanitary living conditions or drastic changes in the elder’s health.
In San Diego nursing homes, the prevalence of abuse and neglect makes thorough research essential. Keep an eye on the elder’s accounts. There are several other signs to look for if you suspect that there is abuse going on.
What Should You Look For in a Nursing Home in San Diego
Selecting a safe nursing home in San Diego can be a daunting task, especially for families who are new to the process. With so many options available, it’s essential to do your research and know what to look for in a nursing home. Here are some tips to help you select a safe nursing home in San Diego:
Research the Nursing Home’s Reputation
Start by looking up the nursing home’s reputation online. Check for any complaints or reviews from previous residents or their families. Review websites can provide valuable insights into the experiences of others.
Check Ratings and Certifications
Look up the nursing home’s ratings with the California Department of Public Health and the Centers for Medicare and Medicaid Services. These ratings can give you an idea of the quality of care provided.
Visit the Facility
Schedule a tour of the nursing home. Pay attention to the cleanliness, safety features, and overall atmosphere. Observe how staff interact with residents and whether the environment feels welcoming and safe.
Staffing Ratios and Turnover Rates
Ask about the nursing home’s staffing ratios and turnover rates. A high turnover rate can be a sign of underlying problems, such as poor management or inadequate working conditions.
Emergency Preparedness
Inquire about the nursing home’s plan for emergency situations, such as natural disasters or power outages. A well-prepared facility will have clear protocols in place to ensure the safety of residents.
Policies on Care
Ask about the nursing home’s policies on medication management, wound care, and fall prevention. Understanding these policies can help you gauge the level of care your loved one will receive.
By doing your research and asking the right questions, you can increase the chances of selecting a safe nursing home in San Diego for your loved one.The challenges faced by elderly individuals in San Diego residential care facilities highlight the need for legal representation.
Reporting Elder Abuse
If you or someone you know is being abused‚ tell someone you trust and act immediately. In the U.S.‚ you can also call Eldercare Locator at (800) 677-1116. California law protects those who report suspected elder abuse, ensuring their legal rights are upheld.
You should also contact a lawyer right away. The San Diego nursing home abuse attorneys at Jurewitz Law Group Injury & Accident Lawyers are trained at handling these kinds of situations. It is important that the abuser be brought to justice‚ and damages caused by the elder be compensated. Reporting San Diego nursing home abuse to authorities like the police and Adult Protective Services (APS) is crucial to protect vulnerable seniors. Call us at (619) 233-5020 so we can ensure the safety of the victim and prevent others from being abused.
What to Expect from a Nursing Home Abuse Lawsuit
If you suspect that your loved one has been a victim of nursing home abuse and neglect, it’s essential to take action and seek justice. A nursing home abuse lawsuit can be a complex and emotional process, but it’s crucial to hold the nursing home accountable for their actions. Here’s what you can expect from a nursing home abuse lawsuit:
- Consultation with an Elder Abuse Attorney: The first step is to consult with an experienced elder abuse attorney who can help you determine if you have a case. They will listen to your concerns and provide guidance on the best course of action.
- Investigation: Your attorney will conduct a thorough investigation into the abuse, gathering evidence and interviewing witnesses. This may include reviewing medical records, speaking with other nursing home residents, and examining the nursing home’s policies and procedures.
- Filing the Lawsuit: If your attorney determines that you have a case, they will file a lawsuit against the nursing home. The lawsuit will allege that the nursing home was negligent in their care of your loved one, leading to the abuse.
- Response from the Nursing Home: The nursing home will likely deny any wrongdoing and may try to settle the case out of court. Your attorney will negotiate on your behalf to ensure you receive fair compensation.
- Trial: If the case goes to trial, your attorney will present evidence and argue your case to a judge or jury. This can be a lengthy process, but it’s essential to ensure justice is served.
- Potential Outcomes: If you win the case, you may be awarded damages, including compensation for medical expenses, pain and suffering, and punitive damages. These damages can help cover the costs of care and provide some measure of justice for your loved one.
It’s essential to remember that every case is unique, and the outcome will depend on the specific circumstances of your case.
Contact our Nursing Home Abuse Lawyers in San Diego
Here at Jurewitz Law Group Injury & Accident Lawyers, we know that a traumatic brain injury can leave a lasting impact on its victim. San Diego nursing home abuse attorneys play a crucial role in supporting individuals who have suffered such injuries due to accidents involving negligence. When you work with a San Diego nursing home abuse lawyer at our office, you can be sure that you will be treated with respect and compassion.
To discuss your case, contact our wrongful death attorneys in San Diego now at (619) 233-5020 for a free consultation. The nursing home abuse attorneys in San Diego from our firm can get you the compensation you deserve.
Resources for Victims of Nursing Home Abuse
If you or a loved one has been a victim of nursing home abuse, there are resources available to help. Here are some resources that may be helpful:
- California Department of Public Health’s Licensing and Certification Program: This program is responsible for investigating complaints against nursing homes and taking enforcement action when necessary. They ensure that nursing homes comply with state regulations and provide safe environments for residents.
- San Diego County Adult Protective Services: This agency provides services to adults who are at risk of abuse or neglect, including those living in nursing homes. They offer support and intervention to protect vulnerable adults in San Diego County.
- National Center on Elder Abuse: This organization provides information and resources on elder abuse, including nursing home abuse. They offer educational materials and support for victims and their families.
- San Diego County Bar Association’s Lawyer Referral Service: This service can help you find an experienced elder abuse attorney in San Diego. They can connect you with legal professionals who specialize in nursing home abuse cases.
- California Advocates for Nursing Home Reform: This organization provides information and resources on nursing home reform and advocacy. They work to improve the quality of care in nursing homes and support the rights of residents.
Remember, you don’t have to go through this alone. There are resources available to help you handle the process and seek justice for your loved one.