Top-Rated Orange County Elder Abuse / Elder Neglect / Elder Law Attorneys
Many seniors choose to live or may be forced to live their later years in a nursing home or long-term care health facility. Seniors have the right to expect that the facilities will take every measure possible to ensure their health and safety while they are residents. Seniors and their families should know that there are federal and California laws that regulate nursing homes and other senior health care facilities. These regulations are designed to help protect seniors from abuse and neglect.
Seniors who are injured do have the right to hold these nursing homes and senior health care facilities accountable for any harm that they suffer due to abuse or neglect. Accountability includes compensation for their pain and suffering, loss of quality of life, and medical expenses. Filing legal claims also helps ensure that other members of the nursing home, long-term care facility, or other senior facility are protected. In tragic cases, if a senior dies due to abuse or neglect, the family has a right to file a wrongful death claim against the responsible parties.
Our experienced Orange County elder care lawyers understand the rights of seniors and the obligations of the nursing home management and staff.
What are the types of Orange County nursing home abuse?
According to the National Council on Aging, senior abuse includes the following:
- Physical abuse. This type of abuse includes seniors who are struck, hit, or physically threatened. Physical abuse actions or conduct that results in physical harm to the senior.
- Emotional abuse. Sadly, many seniors suffer isolation, harassment, verbal attacks, intimidation, and other conduct which affects their mental health.
- Sexual abuse. According to the National Council on aging, sexual abuse includes any sexual contact with an adult in the nursing home or health care facility including intercourse, touching, and fondling – “when the older adult is unable to understand, unwilling to consent, threatened, or physically forced.”
- Financial abuse. Senior care facilities and homes should be held accountable when management or staff takes advantage of the senior by pressuring them to sign an unauthorized power of attorney or by stealing any assets or possessions of the senior through the power of attorney or any other means.
- Improper confinement. Seniors should not be restrained or isolated for non-medical reasons.
- Passive neglect. Seniors deserve the basic necessities of life including food, clothing, and medical care. Nursing homes and senior care facilities that fail to provide these basic necessities should be held liable.
- Willful deprivation. Seniors should never be denied their basic necessities.
Indicators of nursing come or long term care facility abuse
Friends, family, and the seniors themselves should be aware of the following signs and symptoms of nursing abuse:
- Failure to treat infections
- Medication overdoses or failure to give medications
- Withdraw from social activities or communication with others
Why should California nursing homes and long-term care facilities be held liable for abuse and neglect?
At JS Abrams Law, our experienced Orange County senior care lawyers work to show that nursing homes and other senior care facilities caused or tolerated abuse or were negligent for the following reasons:
- Faulty hiring practices. Nursing homes and other help other senior care facilities should conduct employee background checks. They should investigate any complaints of misconduct about current employees. They should also examine the experience and qualifications of each of the applicants and workers.
- Understaffing in underfunding. Many nursing homes try to save money by not fully staffing or fully funding their facilities. A lack of funding or staffing is no excuse for negligence.
- Noncompliance with Orange County, California, and federal health standards. Our skilled elder care lawyers understand the regulations that nursing homes and elder care facilities are required to follow – including the new regulations due to COVID-19.
- Improper facility design. Nursing homes and elder care facilities should anticipate the physical and mental difficulties seniors may have and take steps to reduce any complications. For example, they should include railings to help seniors navigate the facility so they don’t slip and fall.
Nursing homes also have a general duty to provide competent medical care for their residents or to arrange for competent medical care when needed.
The rights of seniors who live in Medicare-funded nursing homes
Medicare requires that nursing homes and eldercare facilities that receive Medicare funds for patients observe and respect the following rights of seniors:
Seniors have the right to:
- Participate in social activities
- Respect from management and staff
- Freedom from discrimination
- Freedom from the use of restraints
- Socialize with friends and family
- Manage their financial affairs
- Competent medical care
- Speak with a personal representative
- Suitable living arrangements
Our Orange County lawyers also work with seniors and families to help plan for the funding of their stay in these elder care facilities including staying in Medicaid-run facilities.
At JS Abrams Law, our Orange County senior lawyers work aggressively to hold nursing homes and other elder care facilities liable for the abuse and neglect of their residents. We demand full compensation for your injuries. Call us now at 818-330-4515 or complete our contact form to schedule an appointment.
Liability for Los Angeles abuse and neglect
If a senior dies due to abuse or neglect, the family of the deceased resident has the right to file a wrongful death claim on behalf of their loved one.
If the senior is alive, he/she can file a personal injury case. Special attention has to be given in these cases to the fact that seniors often don’t have many years left, so any harm becomes magnified. Damages include compensation for the senior’s medical expenses and pain and suffering. In some cases, a guardian may need to be appointed for the senior.
In abuse or intentional neglect cases, skilled Los Angeles elder care lawyers also seek punitive damages.
Skilled elder care lawyers also work with seniors and families to ensure they can pay for their care in elder care facilities or that they can meet the Medicaid asset guidelines for nursing home care.
Liability for Los Angeles abuse and neglect
Seniors are vulnerable to financial abuse for several reasons:
- Many seniors have cognitive problems (including dementia) which makes it difficult for them to understand financial matters. They may also have vision problems which makes reading financial documents difficult.
- Seniors have funds in Social Security accounts, IRAs, pensions, other retirement accounts, and home equity – which makes them targets for financial abuse.
Financial abusers may include:
- The staff of the nursing home. Seniors place their trust tin the nursing home and staff members to act in the senior’s best interest – not their own interests.
- In-home caregivers. Any person or company that takes care of the senior at home may take financial advantage of an elder person.
- Family members. Sadly, the people seniors trust the most (their children and other relatives) may financially abuse seniors.
- Financial advisors. Seniors often rely on accountants and other financial advisors to manage their accounts and investments. This reliance gives financial advisors many opportunities to take advantage of seniors.
Financial abuse can include direct theft. Financial abuse can also include getting the senior to make purchases they normally wouldn’t make.
We work to hold all responsible parties accountable for financial abuse.
At JS Abrams Law, our Los Angeles elder care abuse and neglect lawyers fight to hold nursing homes and senior care facilities accountable so the victim is compensated and so that other residents aren’t harmed. Call us at 818-330-4515 or fill out our contact form to schedule an appointment.
If you or a loved one is a victim of financial elder abuse, fortunately, there are steps you can take to regain control of a situation that seems to be out of your control.
Schedule Your Consultation Today By Calling: (818) 330-4515
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