Oxnard Nursing Home Abuse & Neglect Lawyers
According to the National Council on Aging (NCOA), at least 10% of Americans aged 60 and older have experienced elder abuse in some form, and it is likely that the rate of nursing home abuse and neglect is substantially underreported. Indeed, some researchers have estimated that only about 7% of all elder abuse cases are reported, meaning that a much higher percentage of the elderly population suffers injuries and illnesses each year as a result of nursing home abuse and neglect. No one should have to suffer an injury, or an illness caused by nursing home or assisted living facility abuse or neglect.
One of the experienced Oxnard nursing home abuse and neglect attorneys at the Southern California Nursing Home Law Group can help you with your case. Do not hesitate to get in touch with our firm to learn more about how we serve clients and their families in Ventura County.What is Nursing Home Abuse and Neglect in Oxnard, California?
The NCOA broadly defines nursing home abuse to include any type of “physical abuse, emotional abuse, sexual abuse, exploitation, neglection, and abandonment” that impacts an older adult. To be clear, some types of elder abuse are intentional while others involve passive neglect.
Physical abuse, sexual abuse, and psychological abuse often are perpetrated intentionally when a caregiver or a nursing home staff members behaves in intentionally harmful ways toward elderly adults in a nursing home or assisted-living facility. Passive neglect is different in that there is no intention to harm, yet by failing to provide proper care, a senior can suffer a serious injury in a fall, for example, or can develop a life-threatening infection from untreated bedsores, suffer falls that should have been prevented, or be subject to harm because of caregiver failures.California’s Elder Abuse Law and How it Protects Seniors in Oxnard
Many states have laws in place that specifically protect older adults from abuse and neglect in nursing homes and assisted-living facilities. The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) has been in place in some form for decades, although it has been amended over the years to reflect the changing needs of seniors and dependent adults in California.
This law defines elder abuse broadly, and it makes clear that facilities can be held liable in a civil lawsuit when they fail to provide a resident with care and the patient suffers harm. In situations in which a nursing home resident or her family can prove that a facility or one of its staff members acted with “recklessness, oppression, fraud, or malice in the commission of the abuse,” then the plaintiff or her family may be eligible to seek additional remedies.Statute of Limitations in an Oxnard Nursing Home Abuse Claim
How much time do you have to file a nursing home abuse or neglect lawsuit in Oxnard? In most nursing home abuse claims, the plaintiff has both a one and two year statute of limitation from the date of the incident(s) to file a claim under California law. The length of the statute depends on the type of facility being sued (medical vs. non-medical), and the causes of action being alleged. We always recommend that families who wish to speak to a lawyer do so within one year of the offending incidents.Contact an Oxnard Nursing Home Abuse and Neglect Lawyer
Whether you have concerns about an elderly loved one’s safety at a Ventura County nursing home or you want to learn more about filing a claim for elder abuse or neglect, it is important to discuss the specific facts of your case with our nursing home abuse and neglect lawyers in the Oxnard area as soon as possible. The advocates at the Southern California Nursing Home Law Group can evaluate the merits of your case and, if you have grounds to file a lawsuit, can discuss the next steps for moving forward with your claim.
Given that we have more than 20 years of experience serving Southern California residents in nursing home abuse cases, we are prepared to assist you at every stage of the claims process. Do not hesitate to get in touch with our firm if you have questions or concerns. Contact us online to set up your free consultation or call us today at (866) 607-1325.