Carlsbad Nursing Home Abuse & Neglect Lawyers
Nursing homes provide a vital service for elderly persons throughout our state, offering care and companionship for those who are aging, disabled, and unable to meet their own basic health and wellness needs. But as much as we may trust and rely upon nursing homes, nursing homes often fail to meet residents’ basic needs and, in some cases, nursing home staff members are even abusive or neglectful.
At the office of the Southern California Nursing Home Law Group, with its main office in North San Diego County, our Carlsbad nursing home abuse and neglect lawyers understand how dangerous and deadly nursing home neglect and abuse may be, and our team is here to provide legal support to nursing home abuse victims and their families. If you suspect nursing home abuse or neglect, please call our elder neglect legal team today.What is Nursing Home Abuse and Neglect?
Nursing home abuse and neglect can be difficult to identify but are two of the most dangerous things that a nursing home resident may be exposed to. Nursing home abuse can take form in four primary ways: physical abuse, sexual abuse, financial exploitation, and emotional/psychological abuse. Abuse is intentional, and can lead to physical injuries, emotional harm, deterioration in condition, and even early death in serious cases.
Nursing home neglect is typically not intentional, but instead occurs because a nursing home is understaffed, or staff members are not properly trained, or residents are neglected, abandoned, or ignored for other reasons. For example, nursing home neglect may result in a nursing home resident who is bedridden not receiving proper attention and care, resulting in bedsores. Or, nursing home neglect could lead to malnutrition if staff members do not assist a resident with eating and ensuring that proper food is consumed.Signs of Nursing Home Abuse and Neglect
For those who have elderly loved ones residing within nursing homes or other board and care homes, being able to recognize the signs of nursing home abuse and neglect is incredibly important. While the following does not necessarily mean that abuse or neglect is certainly present, they may be an indication of either or both:
- Unexplained injuries, such as bruises or bone fractures
- Multiple falls without proper interventions
- Failure to obtain appropriate medical care
- Unexplained weight loss
- Bed sores, decubitus ulcers, or other skin wounds
- Medical errors, such as medication mistakes
- Emotional and behavioral changes in the nursing home resident
- Unexplained financial changes (such as opening a new line of credit, which may be a sign of financial exploitation
- Torn or bloodied clothing; and
- New sexually transmitted infections (STIs).
In addition to the above, it is also important to pay attention to the condition of a nursing home. Do residents seem happy and well-cared for? Does there appear to be enough staff persons relative to nursing home residents? Are the facilities clean and well-maintained? A lack of the above can mean that a resident is at risk of harm.Civil Remedies for Nursing Home Abuse and Neglect in Carlsbad
In the state of California, the abuse of elderly persons is a crime, per Penal Code 368(b)(1), (2), (3). However, while an individual abuser may face criminal penalties if they commit nursing home abuse, there are also civil remedies available. Unlike criminal penalties, civil penalties carry no criminal consequences but can result in monetary damages for the affected victims. If a nursing home breaches the duty of care owed to a resident (by committing abuse or neglect, or by doing something that leads to abuse or neglect, such as failing to monitor or train staff) and if the breach of the duty of care is the proximate cause of the nursing home resident’s harm, then the nursing home can be held liable for damages. Examples of damages that may be recoverable in a nursing home abuse case include compensation for:
- Medical expenses related to the injury
- Loss of love, society, companionship, and support after a death
- Damages for pain, suffering, and emotional distress
- Additional long-term care expenses incurred; and
- Legal fees and costs, including attorneys’ fees.
At the law offices of the Southern California Nursing Home Law Group, our legal team recognizes how damaging and devastating nursing home abuse and neglect really are. If you or your loved one is a victim of abuse or neglect in the nursing home or assisted living setting, you deserve compensation, and the nursing home should be held responsible. Taking action can yield monetary damages, as well as deter similar actions in the future and protect other nursing home residents. To learn more about the processing of filing a nursing home abuse and neglect claim, please reach out to our Carlsbad nursing home abuse and neglect attorneys at the Southern California Nursing Home Law Group today. You can reach us online or by phone for your free consultation.