Best San Bernardino Elder Abuse, Elder Neglect, and Elder Law Attorneys
Older residents of San Bernardino often need help to enjoy their senior years. For many, living on their own is no longer viable. Some seniors need limited help while other seniors may need around-the-clock care. Many California seniors live in nursing homes that provide some health care, help with daily living tasks, and social activities.
These nursing homes owe a duty of care to their residents. This duty includes taking steps to ensure the resident doesn’t suffer physical, emotional, sexual, or financial abuse. Nursing homes should proactively inspect and monitor their facilities to ensure the residents are safe from falls and other types of accidents. At JS Abrams Law, our skilled San Bernardino lawyers file abuse and negligence lawsuits against nursing homes that fail to comply with federal laws, state laws, and the general duty to protect senior residents from harm.
As the demand for nursing home and long-term facilities increase due to the aging of the California population, nursing homes and long-term care facilities will need to be more vigilant. There’s no excuse for placing profits before the safety of the residents.
According to the California Department of Justice, as of 2020, “about 110,000 Californians live in about 1,300 licensed nursing homes and about 150,000 live in about 7,500 licensed residential care facilities for the elderly. Another 150,000 or more Californians are estimated to live in unlicensed assisted living facilities that may or may not be able to care for them properly.”
What are the various types of nursing home abuse in San Bernardino?
The National Council on Aging (NCOA) categorizes abuse of nursing home residents as follows:
- Physical abuse is defined as “inflicting physical pain or injury upon an older adult.”
- Sexual abuse includes any sexual activity with a resident that is nonconsensual, sexual activity where the senior is unable to consent (such as due to dementia), or sexual activity where someone threatens the senior with physical force if they don’t participate in the sexual activity.
- Emotional abuse includes verbal threats, verbal intimidation, and other actions that make the senior feel uncomfortable.
- Financial abuse includes stealing from the senior, using funds for the benefit of the abuser and not the senior, forcing the senior to sign a financial power of attorney, and taking advantage of the senior in any financial way.
What are some of the signs of elder abuse or neglect?
San Bernardino family members and friends of a resident should look for the following problems when they visit their parent, sibling, uncle, aunt, or senior relative:
- Nonparticipation in social activities
- Broken bones, bruises, cuts, and any signs of physical harm
- Malnutrition or dehydration
- Infections
- Irritability, anxiety, or depression
- A change from their medication routine
- Bedsores (also known as pressure ulcers)
- Sepsis
- Seizures
What types of actions or inactions cause abuse and neglect in San Bernardino nursing homes and long-term care facilities?
At JS Abrams law, our seasoned San Bernardino nursing home lawyers fight to show how nursing homes breached their duty of care to you or your loved one. Some of the ways nursing homes breach their duty of care include:
- Not running background checks. Staff applicants are working with people who have some or complete difficulty handling their own affairs. Nursing homes and long-term care facilities must run background checks to determine if the applicant has the proper credentials and if there’s any reason why the applicant may pose a danger to the residents.
- Underfunding and understaffing. Nursing homes shouldn’t accept more applicants than they can reasonably and competently care for.
- Noncompliance with federal and state regulations and laws. Nursing homes must comply with many various federal and state laws that are designed to protect seniors who place their trust in the nursing homes.
- Improper design. Nursing homes know that most of their residents will have mobility problems, hearing difficulties, and other geriatric problems. The facilities should be designed to reduce the risk of falls and to anticipate these other health difficulties.
Noncompetent medical care. Nursing homes are generally required to provide or have access to age-appropriate healthcare for their residents.
What are the rights of San Bernardino residents who live in elder care facilities?
Seniors have specific rights according to Medicare and to California law. These rights include:
- Freedom from discrimination
- Protections from abuse and neglect
- The ability to exercise their US citizenship rights
- The ability to communicate with representatives such as lawyers
- Competent medical care
- The right to be treated with dignity
- The right to be restraint-free
- Protections against an involuntary transfer or discharge
- Participate in social activities
- Spend time with family and friends
- Understand the nursing home services and fees
- The right to privacy
- The right to manage their assets
- Property and living arrangements
- The right to register complaints
What types of lawsuits can be filed against San Bernardino nursing home and elder care facilities?
Our San Bernardino nursing home abuse and neglect lawyers file:
- Wrongful death claims on behalf of the surviving family members when a senior tragically dies.
- A personal injury lawsuit for the senior’s pain and suffering, medical expenses, and financial losses.
We may also file a claim for punitive damages.
Liability for nursing home financial abuse
Most seniors have Social Security retirement accounts. Many have other retirement benefits. Many seniors have substantial accounts due to the work they’ve spent their lives doing to earn a living. Staff members may see seniors as an easy target. Nursing homes may be liable for the financial abuse of their employees if a staff member
- Pressures the senior into signing a financial power of attorney
- Makes purchases for themselves in the name of the senior
- Steals belongings of the senior
Experienced San Bernardino lawyers demand that the staff member and nursing home pay back any ill-gotten gains and that they pay punitive damages for the financial wrong.
At JS Abrams Law, our San Bernardino elder care abuse and neglect lawyers are strong advocates for our clients. Often, we are able to settle claims against nursing homes. When necessary, we’re ready to try your case in court or before arbitrators. We demand compensation for all your losses including the improper taking of the time you have left. To assert your nursing home claim, call us at 818-330-4515 or use our contact form to schedule an appointment.
