Nursing Home Abuse Lawyers in Chino Hills Obtaining Justice For Victims of Abuse and Neglect
As the population ages, we are beginning to see more facilities that are designed to care for the elderly. Unfortunately, nursing home abuse and assisted living neglect cases are also on the rise. Often nursing homes and other assisted living facilities are greatly mismanaged and understaffed, and the staff that they do employ are often undertrained.
When we make the difficult decision to place our family member in a nursing facility, we expect that the staff will demonstrate high levels of professionalism and care in their duties. California law is extremely strict when it comes to the standards that are imposed on these types of healthcare professionals. Sadly, our most vulnerable population is often left unprotected against nursing home abuse.
If you suspect that your family member has been the victim of nursing home neglect, contact The Paris Law Firm of Chino Hills, California. We have been proudly serving the residents of Southern California for over 20 years. Our nursing home abuse neglect attorneys are committed to obtaining justice for those who have been the victims of elder abuse or physical abuse in a care facility.
What Are the Most Common Types of Abuse in a Nursing Home?
Regrettably, there are several different types of abuse that our elderly family members may be subject to in a nursing home. Some of the most common are:
Physical abuse is considered to be either intentional, negligent, or reckless infliction of pain or bodily harm. This can include such physical conduct as pushing, hitting, or allowing the resident to suffer from bedsores or other injuries. Another form of nursing home abuse also occurs when physical or chemical restraints are used on a resident. As a result of this type of abuse, residents often suffer serious personal injuries.
It has been determined that emotional abuse is the most common type of abuse that nursing home residents endure in a care facility. Emotional abuse is the infliction of mental anguish, threats, intimidation, humiliation, isolation, insults, and harassment.
All too frequently, staff will yell at, belittle, or make fun of a resident who cannot remember information or when they make mistakes. They also may threaten a resident with physical harm or try to isolate them from visitors. Even more egregiously, a staff member may attempt to withhold necessary medications, food, water, or access to basic hygiene.
Often elderly residents who are abused may become extremely anxious, withdrawn, or depressed. Although the resident may not have suffered a physical injury, emotional abuse can have long-lasting health consequences.
Sexual abuse is considered to be any form of non-consensual contact with another individual. Often, a resident may endure this type of abuse perpetrated by threat or force, or simply due to the fact that the resident lacks the mental or physical capacity to understand what is occurring.
Also included are inappropriate communications or unwanted sexual advances. Showing residents inappropriate videos or images is another form of sexual abuse.
Financial abuse occurs when staff members steal money and property or make unauthorized purchases with checks, credit or debit cards, or use any other means of gaining access to a resident’s financial assets. Employees of the nursing home are sometimes directed by the nursing home to engage in these unlawful financial practices, such as coercing a resident to sign checks or other legal documents.
Neglect is a common form of abuse in a nursing home facility. Failing to provide proper nutrition and hydration, assistance with medications, or help with using the restroom are all forms of nursing home abuse. In addition, failing to reposition or turn residents who are immobile in order to prevent bedsores can lead to even more serious injury or even death. Neglect often leads to other serious accidents or fall injuries.
If you feel that your loved one has been abused or is the victim of negligence, you need to first seek medical attention for your loved one. Next, obtain the assistance of a qualified personal injury law firm. The Paris Law Firm of Chino Hills, California, has a proven track record of successfully pursuing personal injury lawsuits in order to seek just and fair compensation for clients who have been affected by nursing home abuse. Our neglect lawyers have the skill and experience necessary to handle your case.
Who Can be Held Liable for Nursing Home Abuse?
California law permits either the victim or families of those who have been the victim of assisted living neglect or nursing home abuse to file a lawsuit against several different types of employees and administrative staff that have a duty to provide care to residents.
Some of the individuals who can be held liable include:
- Nurses/nursing assistants
- Nursing home administrators/managers who are personally responsible for managing staff members
- The owner or operators of the nursing home under special circumstances.
The Paris Law Firm has nursing home abuse lawyers who have the skill and proficiency needed to provide legal representation for those who have been victimized by the very individuals who were entrusted to care for them. Attorney Eric Paris is well known for his ability to win personal injury settlements for his clients.
Can I Sue a Nursing Home for Wrongful Death?
In California, wrongful death is defined as the loss of life by another individual or party’s wrongful act or neglect. In the case of a nursing home, this could include negligence in the form of carelessness or an intentional act of harm or physical abuse by a staff member.
Wrongful death claims are only permitted to be filed by immediate family members such as a surviving spouse or domestic partner, child, parent, or grandchild of a deceased person. If none of these parties exist, California law permits any individual who would have been legally entitled to inherit the decedent’s property or who can prove that they were financially dependent on the victim at the time of death to file a claim. California law allows a personal representative of the decedent’s estate to file a wrongful death claim as well.
It is important to remember that a wrongful death claim is actually a personal injury claim that the family is filing on behalf of the decedent for injuries that they sustained that resulted in their death. Had the decedent survived, they would have had the ability to file a personal injury claim on their own behalf.
What Elements Must Exist in Order to Prove Nursing Home Abuse?
In cases that involve nursing home abuse, there are several elements that have to be proven in order to successfully win a personal injury case.
The plaintiff is required by law to prove that an injury, abuse, or some other form of neglect took place. Subsequently, the plaintiff must be able to prove that the nursing home and staff members had what is known as a duty of care. A duty of care is a legal obligation to use reasonable care when performing acts that could potentially harm others. A duty of care can easily be proven by showing the agreement or residents’ paperwork from when they entered the facility. The plaintiff must demonstrate proof that the said duty of care was breached and that the resident suffered a personal injury as a result of that breach.
Other law firms may claim to have the experience and qualifications needed to handle personal injury cases that involve nursing home abuse. The Paris Law Firm has a team of nursing home abuse lawyers who have the skill and ability to handle a serious personal injury claim. Do not trust your loved one’s future to just any attorney. Your loved one needs a lawyer who can aggressively fight for their rights and hold the responsible parties accountable for their actions.
How Can a Personal Injury Lawyer Help Me With a Nursing Home Abuse Case?
The Southern CA personal injury lawyers of The Paris Law Firm are highly committed to fighting for full and fair compensation for your loved one. Nursing home abuse is one of the most tragic events that could happen to an already vulnerable population. Our personal injury law firm in Chino, CA, understands how nursing homes often attempt to minimize their negligence and liability in regard to premises liability, accidents, medical malpractice, and other forms of mental and physical abuse.
Our nursing home abuse lawyers of Chino, CA, are proud to serve the residents of Southern California and the surrounding areas. We will fight to ensure that your family member receives the compensation they deserve for both the mental and physical abuse they have suffered due to negligence at the hands of the staff. Contact our law offices by calling (909) 469-5127 to schedule a free initial consultation and case review.