Fontana Nursing Home Abuse & Neglect Lawyers
Seniors who struggle with Activities of Daily Living (ADLs), such as eating, bathing, and dressing, are often moved into long-term care facilities such as nursing homes. According to Caregiver.org, elderly people with three or more ADLs living in a long-term care facility receive an average of nine hours of assistance per day. Unfortunately, this leaves a lot of opportunity for nursing home staff to abuse or neglect those senior residents in their care. If you have a loved one living in a Fontana nursing home and are concerned about the level of care they are receiving, it is important that you make more inquiries and seek legal counsel. The Southern California Nursing Home Law Group can help answer any questions you may have and begin the legal process of filing a personal injury claim.Filing a Personal Injury or Wrongful Death Lawsuit
Elder abuse and neglect is subject to criminal and civil liability in California. If the charges are criminal it is possible for the court to order restitution payments, however, the best way to receive compensation is to file a personal injury lawsuit, or if the victim died, a wrongful death lawsuit. Compensation can help in recovery by covering costs such as:
- Medical bills associated with injuries;
- Physical therapy to regain mobility;
- Therapy appointments to emotionally cope with the mistreatment;
- Costs of moving to a different nursing facility; and
- Funeral costs and loss of consortium if the victim died.
It is also important to file a civil lawsuit because it can help protect others who may be future victims of abuse or neglect within the same nursing home.What is Nursing Home Abuse?
A 2017 CNN investigative report found that between 2013 and 2016 there over 1,000 nursing homes were cited by the federal government for mishandling or failing to prevent cases of sexual abuse in their facilities. Seniors are a vulnerable population because they are cognitively and physically in decline as they age. Abuse can also be physical or psychological. Other examples of nursing home abuse include:
- Pushing, punching, or otherwise manhandling patient;
- Verbally yelling, making fun of, or belittling;
- Withholding nourishment as a form of control and punishment;
- Restraining a person when it is uncalled for; and
When nursing homes are understaffed, the quality of care will drop and neglect can occur. Neglect does not need to be intentional for a victim to file a personal injury claim. Even if a nursing home resident gets quality care throughout the week, it is possible that the weekend staff is a skeleton crew and that the quality of care diminishes over those 48 hours. Even within that short timeframe an elderly person who is left unattended could suffer a severe fall and break bones. Injuries such as a pelvic bone break can take months to heal from and put elderly patients at higher risk of death for years afterward. Examples of neglect are:
- Failing to provide resident with fresh sheets and keep their room clean;
- Not helping a resident maneuver to the bathroom or to get food;
- Failing to move patients who are bedridden or wheelchair bound to release pressure on the skin;
- Mis-medicating patients; and
- Not helping residents with any other activities of daily living.
Evidence of abuse or neglect may initially seem like small details that are out of place. We encourage you to pay attention to those concerns and ask more questions. Signs that might lead you to question whether your loved one is getting appropriate care include:
- If your loved one is depressed or withdrawn when you visit;
- If their appearance suddenly takes a turn for the worse;
- Their room is messy, smells, or has dirty sheets;
- If they have injuries that cannot be explained;
- If they have bed sores from too much time in one position; and
- If your loved one has lost weight.
If you see signs that your loved one is being abused or neglected during their stay in a Fontana nursing care facility, you need to speak to a qualified nursing home attorney. The legal team at the Southern California Nursing Home Law Group can help you collect evidence to prove the mistreatment, create a solid legal case, and get you the compensation you need to move your loved one to a safe environment. Call us today to schedule a free consultation at (866) 607-1325.