Santa Barbara County Nursing Home Abuse & Neglect Lawyers
Santa Barbara County is home to 16 licensed nursing homes, and over 100 assisted living facilities for the elderly and dependent adults. For nearly two decades the nursing home attorneys at the Southern California Nursing Home Law Group have been representing elderly Santa Barbara residents and their families in cases of abuse and neglect against nursing homes, assisted living facilities, board and care homes, and home health care providers.
Our Santa Barbara nursing home neglect lawyers have brought lawsuits against nursing home providers in every Southern California county, recovering millions of dollars for the victims of abuse and neglect. Our attorneys have a deep understanding of California nursing home law, are highly rated, and well-known in the nursing home legal community.Types of Nursing Home Neglect Cases in Santa Barbara County
Many people think of any 24-hour nursing facility as a "nursing home," but skilled nursing facilities and assisted living facilities are licensed differently and provide different services. A skilled nursing facility (nursing home sometimes called a rehabilitation center) is allowed under the law to provide a certain level of medical care while an assisted living facility may not. Nursing homes often accept health insurance, Medicare, or Medi-Cal, which assisted living facilities do not. Cases for abuse or neglect can be brought against either, as well as against board and care homes, home health and home care, hospice, and adult day care centers.
Every case against a nursing facility for abuse or neglect is different, but the vast majority of cases involve the following:
Bed Sores or Decubitus Ulcers - These pressure wounds usually develop on the coccyx, buttocks, or heels, and can grow quickly. They should never develop while under professional nursing care.
Fall Injuries – A nursing home resident must be evaluated as a fall risk and then proper interventions must be taken to prevent those falls. Falls can be deadly.
Malnutrition or Dehydration – A nursing home or assisted living home is required to provide its resident a well-rounded diet that supports good health. A failure to do this can be considered neglect.
Physical or Sexual Abuse – Physical or sexual abuse needs no definition and is always going to be illegal and support a civil action against the perpetrator and the facility.California Elder Neglect Law
The State of California has a body of law called the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act), which provides legal remedies and special awards to seniors (age 65+) and dependent adults (age 18-64) who are abused or neglected, in the 24-hour nursing facility.
The Elder Abuse Act defines “abuse” as “physical abuse, neglect, abandonment, isolation, abduction, or other treatment that results in harm, pain or mental suffering. It can also mean the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”What is Abuse and Neglect?
- Physical Abuse is any unlawful touching, including the intentional infliction of pain or injury, or the unlawful use of restraints to punish the elder or dependent adult.
- Neglect occurs when a caregiver (or anyone else in charge) fails to protect the resident or patient from health and safety hazards. Most often we see this in cases where a caregiver fails to provide the care needed for good health, or to address a sudden change in the health of the patient.
- Negligence is any conduct by a caregiver that is not reasonable under the circumstances or that falls below the “recognized standard of care” and causes an injury, illness, or death.
To learn whether your situation merits legal action under the law, give one our Santa Barbara nursing home negligence lawyers a call. Our lawyers provide all consultations free of charge and can let you know over the phone whether you have a case that supports a legal action. Call anytime to (866) 607-1325 or complete our online questionnaire.