Montecito Nursing Home Abuse & Neglect Lawyers
The Montecito nursing home abuse and neglect lawyers at the Southern California Nursing Home Law Group have been representing elderly residents of skilled nursing facilities and their families for more than 20 years. We know how devastating it can be to learn that an elderly loved one has suffered a debilitating injury because of a skilled nursing facility’s failure to provide adequate care, or because a nursing home hired a staff member who engaged in acts of physical or psychological abuse toward those under their care. When an older adult at a nursing home or a residential care facility for the elderly (RCFE) suffers an injury because of elder abuse or neglect, it may be possible to file a lawsuit.
The dedicated elder justice advocates at our firm can assess the facts of your case and can help you to determine whether you have a case that necessitates legal action. If a nursing facility may be liable for injuries, we can help you to hold that nursing home or assisted-living facility accountable for the harm it has caused.Elder Abuse and Dependent Adult Civil Protection Act in Montecito
There are nearly 30 nursing homes and assisted-living facilities in the Montecito, CA area, according to U.S. News & World Report. The facilities in Santa Barbara County range widely in terms of their cost and quality, and it is important for individuals and families to conduct research into the history of the facility. At the same time, it is important to know that any facility may be accountable for a safety or health violation that results in a nursing home abuse or neglect injury. Just because a nursing home or assisted-living facility has a clean history or a high price tag does not mean that abuse or neglect cannot occur.
The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) protects patients and residents of nursing homes and assisted-living facilities in Montecito and throughout Southern California from abuse or neglect. The law specifically protects elders and dependent adults at these facilities. The Act makes clear that facilities can be held liable for 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.”Who is Protected by Elder Abuse Laws in Montecito?
The EADACPA specifically protects elders and dependent adults in Montecito and throughout California.
The Act defines an elder as “any person residing in this state, 65 years of age or older.” The law also defines a dependent adult as “a person regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.”
To be clear, anyone aged 65 or older is protected by the EADACPA, regardless of whether that person has any known medical issues or disabling conditions—age alone makes the person eligible for protection under the law. Yet the law also protects people under the age of 65 who have certain medical issues or disabling conditions, including adults who may suffer from Alzheimer’s disease or other forms of early-onset dementia. If you have questions about whether you are protected by the EADACPA, you should speak with an elder abuse lawyer.Seek Advice From Our Montecito Nursing Home Abuse and Neglect Attorneys
When an elderly loved one has suffered injuries at a nursing home or assisted-living facility, it can be difficult to know where to turn. In many cases, a resident’s injuries may result from passive neglect due to problems such as understaffing at a facility. In other situations, physical and emotional abuse can result from intentionally harmful actions at a facility. Nobody should have to fear injuries at a skilled nursing facility due to inadequate care.
When a nursing home or assisted-living facility is negligent and a resident suffers harm, it is important to find out about legal options to hold the facility accountable. Our dedicated Montecito nursing home and neglect attorneys can begin working with you on your case. We can evaluate the merits of your claim and can discuss steps you may be able to take to move forward with a lawsuit. Call our firm at (866) 607-1325 or get in touch online today.