Escondido Nursing Home Abuse & Neglect Lawyers
There comes a point in the lives of most elderly people when caring for oneself is no longer possible, and the help of another is required. For elderly people who are suffering from certain physical or mental health conditions, or who are disabled, the best source of care may be an Escondido nursing home. Indeed, nursing homes are supposed to provide around-the-clock care and assistance to nursing home residents, as well as social activities and companionship, and even specialized care in many cases. Unfortunately, though, not all nursing home facilities provide residents with the level of care that they deserve, leading to resident harm.
At the law offices of the Southern California Nursing Home Law Group, based in North County San Diego, our Escondido nursing home abuse and neglect attorneys can provide aggressive representation if your loved one has suffered harm at the hands of a nursing home or assisted living facility. To learn more about your legal options and how to bring forth a civil action for damages, please call our law firm directly today for your consultation.Bringing Forth a Civil Action for Nursing Home Abuse and Neglect
When a nursing home or assisted living facility breaches its duty of care to an elderly resident, the nursing home patient may suffer injuries, damages, and even death in the most severe of cases. When this happens, the nursing home resident or their legal representative may have a legal cause of action against a nursing home. In order for a civil action against a nursing home to be successful, the plaintiff (nursing home resident/their representative) must prove that:
- The nursing home owed the resident a duty of care
- The nursing home breached its duty of care to the nursing home resident by committing acts that other nursing homes would not have committed under the same or similar circumstances
- The breach of the duty of care was the proximate cause of harm, and
- The harm resulted in actual damages, such as monetary losses.
Nursing homes have an obligation to provide their residents with a high level of care, and medical professionals within a nursing home, such as doctors and nurses, have a duty to treat patients with the same level of care that another professional of similar training and background in the same position would. As such, a wide range of actions, including inaction, may constitute a breach of the duty of care. Examples of this include:
- Outright incidents of abuse, including physically harming a nursing home resident, sexually abusing a resident, financially exploiting a resident, or psychologically harming a resident by bullying, social isolation, etc. (Note: Elder abuse is a crime in California, and may result in criminal as well as civil charges);
- Incidents of medical malpractice, including medication errors, dosage errors, diagnostic errors, errors leading to preventable infection, and more; and
- Neglect that leads to resident harm, such as failing to assist a resident during mealtimes, leading to malnutrition, or failing to attend to a resident who is attempting to get out of bed, leading to a bed rail injury.
If you can prove that the nursing breached its duty of care to the nursing home resident and that the breach of the duty of care caused harm, the nursing home or assisted living facility will be held liable for any damages that result. Types of damages that are recoverable in a nursing home abuse and neglect claim include compensation for any medical expenses incurred as a result of the harm, such as future long-term care costs, costs of surgery, costs of medication, etc.; compensation for any noneconomic damages sustained, such as the value of pain, suffering, and emotional distress suffered as a result of the nursing home abuse or neglect; and any other economic damages incurred, such as lawyers’ fees.Our Escondido Nursing Home Abuse and Neglect Attorneys can Help
At the law offices of the Southern California Nursing Home Law Group, our Escondido elder abuse and neglect lawyers have been representing victims of nursing home abuse and neglect for two decades. We understand the law and best practices for maximizing our clients’ settlement amounts, but also understand how sensitive and emotional a nursing home abuse case is. When you choose our law firm, we will protect your confidentiality, recognizing the delicate nature of the situation while also aggressively advocating for you. To learn more about our Escondido lawyers and our legal services, please call our law firm directly today or send us a message telling us more about your case. We work on a contingent-fee basis and always offer free case consultations.