Nursing Home Abuse in Los Angeles: Elder Abuse Claims

Nursing home abuse occurs when a dependent senior adult is mistreated within a unit or facility where he or she should have been treated for and the elderly expected a trust relationship with its caregiver. The result of such actions can lead to harm or distress to old individuals and California regulates the mistreatment of elderly individuals by enforcing the Elder Abuse and Dependent Adult Civil Protection Act.

Patients and family members of patients who have been the victims of physical abuse, neglect, abandonment or isolation within a nursing home can seek the help of a Los Angeles personal injury attorney and receive compensations for the emotional or physical suffering.

Laws for nursing homes, presented by Los Angeles personal injury attorneys

The state of California regulates the manner in which nursing homes operate and issues licenses for this type of establishments. Nursing homes must comply with specific regulations and ensure that their residents receive adequate care. The standards for personal care deal with:

food and nutrition,
accommodation facilities,
daily care,
hygiene for the residents,
personal care and assistance,
activities for the elderly,
providing dental and medical care, when needed.

Although it may be hard for elderly individuals to seek help themselves, as a relative, you can, under certain circumstances, file a lawsuit for nursing home abuse. A Los Angeles personal injury lawyer can help you identify physical and emotional elder abuse and even financial abuse that may occur in a long-term care facility within the state of California. Other individuals can also report any reasonably suspected crimes against an elder individual. California also has an Ombudsman’s Office that handles reports of abuses that occur in nursing homes.

The employees working in a nursing home can report acts of elder and dependent adult abuse and are under a legal duty to do so under the mandated reporter’s section of the California Welfare and Institutions Code. Employees can legally report any known or suspected elder abuse that may take place in a nursing home in California. Different institutions can have different internal reporting policies. The employer has no right to interfere with the employee’s legal obligations to report abuse.

The relatives of a victim that has been abused in a nursing home can also make a case against an employee who was aware of the incidents and failed to fulfil his or her mandated reporting duty.

Nursing home abuse can sometimes be linked to medical negligence. When the local treating physician is not following the standard good medical practice, you can file a lawsuit for negligence with the help of a medical malpractice lawyer in Los Angeles. Reach out to us to find out more about the time limits and the cap on non-economic damages applicable to this type of injury.

We invite you to watch the following video about nursing home abuse cases:

Compensations for victims of nursing home abuse

There are a number of types of abuse recognized when dealing with a nursing home abuse case: physical, emotional, financial, neglect, scams, abandonment or institutional abuse. Depending on the case, a personal injury attorney in California can help you gather evidence and make a solid case.

The best way to prevent nursing home abuse is to recognize its early signs and other warning signs. Each type of abuse is different, but with the right help from a personal injury attorney, victims can obtain material compensations for the physical injuries and the emotional abuse.

Elements needed to prove personal injuries caused by nursing home abuse

In a nursing home abuse case the plaintiff is the one required to prove that the injury, neglect or abuse took place. For injuries caused by a caretaker’s negligence, the following are typically required from the plaintiff:

prove that the nursing home and its employees had a duty of care (this is easily proven by showing the caretaking agreement);
prove that the said agreed duty was breached;
the patient suffered the injuries as a direct result of that breach.

In abuse cases, these steps may vary in that the plaintiff will need to be able to prove that the abuse was caused by a particular staff member. A Los Angeles personal injury attorney can help you prove these elements in court.

Settlements for nursing home abuse

Neglect, abuse, and mistreatment can have a severe impact on elderly individuals, particularly those who are admitted for certain types of psychological diseases.

The types of damages that can be awarded in nursing home abuse cases include those for the coverage of the needed medical treatment and that for any subsequent treatment or therapy and compensation for emotional distress, pain, and suffering. Where physical abuse, neglect or abandonment committed with recklessness, oppression, fraud or malice is proven, Welfare and Institutions Code §15657 also allows reasonable attorney's fees and costs, and pain-and-suffering damages can be recovered even after the victim's death. The latter must be proven in court and this can be done with a complete medical assessment, including a psychological evaluation.

Please contact us through the form to discuss a nursing home abuse case as soon as possible. Information is also available on other cases, like medical malpractice.