Carpinteria Nursing Home Abuse & Neglect Lawyers
About one in 10 Americans aged 60 and older have been the victims of some type of elder abuse, according to the National Council on Aging (NCOA). The overall rates of elder abuse are likely much higher due to underreporting, and some researchers estimate that only about 1 out of every 14 cases of elder abuse gets reported properly. As a result, it is possible that more than 5 million older adults suffer harm as a result of elder abuse and neglect every year. Many instances of abuse or neglect occur in nursing homes and assisted living facilities in Southern California.
There are at least five skilled nursing facilities that serve older adults in the Carpinteria area, according to U.S. News & World Report, and many families in Carpinteria have elderly loved ones in nursing homes and assisted-living facilities throughout Santa Barbara County. If you have concerns about an elderly family member’s safety in a nursing home or residential care facility for the elderly (RCFE) in or around Carpinteria, you should contact our experienced Carpinteria nursing home abuse and neglect lawyers as soon as possible.History of the Laws Protecting Against Nursing Home Abuse and Neglect in Carpinteria
Nursing home or assisted living residents and their families should know that the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides protections to seniors in nursing homes and other facilities in Carpinteria. The original version of this law was enacted back in 1982, and it has gone through a number of versions since that time to attend to the changing needs of elder abuse victims in the state. California lawmakers were ahead of their time compared with many other states in the country in creating a law designed specifically to protect elderly nursing home residents, and the EADACPA was among the first of its kind. However, with early versions of the Act, it was still difficult for seniors and their families to come forward and to file civil lawsuits. In the decades since the initial passage of the Act, it has become a better tool for seniors who have been victims of nursing home abuse in and around Carpinteria.Filing a Claim in Carpinteria Under the California Elder Abuse and Dependent Adult Civil Protection Act
Under the EADACPA, the term “elder abuse” refers to all of the following forms of nursing home abuse and neglect that might occur, including the following:
- Physical abuse;
- Psychological abuse;
- Passive neglect;
- Confinement or isolation;
- Financial abuse; and
- Any other treatment leading to the physical harm or mental suffering of an older adult in a nursing home or other facility.
The Act defines neglect as the “negligent failure of any person having the care or custody of an elder or dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” The Act further explains that neglect may include but is not limited to the following:
- Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter;
- Failure to provide mental care for physical and mental health needs;
- Failure to protect from health and safety hazards; and/or
- Failure to prevent malnutrition or dehydration.
Common signs and symptoms of abuse that may allow for a claim under the Act include but are not limited to:
- Broken bones or fractures;
- Bruises and contusions;
- Cuts and scrapes;
- Bedsores, which are also known as pressure ulcers;
- Emotional trauma;
- Sexually transmitted infections;
- Weight loss;
- Malnutrition; and
- Untreated infections.
If you notice any signs or symptoms of nursing home abuse or neglect, it is essential to get in touch with a Carpinteria elder abuse attorney as soon as possible.Learn More From a Nursing Home Abuse Lawyer in Carpinteria
California’s Elder Abuse and Dependent Adult Civil Protection Act has been providing protection to elderly residents of nursing homes and assisted-living facilities for decades. When you choose a skilled nursing home facility for care, you should be able to expect that the facility will provide a high level of care. When a facility is understaffed and nursing home neglect results in injuries, or when a nursing home hires a staff member who engages in intentionally harmful behavior toward a resident or patient, it may be possible to take legal action. At the Southern California Nursing Home Law Group, we have been representing elderly residents and their families for years, and we can speak with you today about your situation. Call our office at (866) 607-1325 or contact us online to learn more about setting up a free consultation.