Dana Point Nursing Home Abuse Lawyer

Many Americans rely on nursing homes to care for their elder loved ones. According to the Centers for Disease Control, there are 15,600 nursing homes in the United States with over 1.4 million residents.

No one expects that their elderly loved ones would suffer abuse in a nursing home, but unfortunately, nursing home abuse is much more prevalent than it should be. If you or an elderly loved one have experienced abuse in a nursing home, it may be best to speak to an experienced personal injury attorney.

A Dana Point nursing home abuse lawyer could help you seek compensation for your injuries. They could investigate your claim, speak to witnesses, and gather evidence to prove your claim in court.

What is Nursing Home Abuse?

Nursing home abuse could take on many forms. Some common examples of nursing home abuse include:

  • Neglect
  • Physical abuse
  • Isolation
  • Sexual abuse
  • Abandonment
  • Financial abuse

Nursing home residents do not always tell their loved ones of the abuse they may be facing. They may even be unaware that they are being taken advantage of. Some potential signs of abuse include malnutrition, depression, bruising, seclusion, bed sores and more.

Reasons That Abuse Happens

Nursing home abuse may stem from malicious intent, negligence, or incompetence. Regardless of the exact cause, elderly nursing home residents have various rights that must be upheld and which specifically prohibit many abusive and neglectful behaviors.

Anyone who believes their elderly loved one is facing abuse at their nursing home should report this abuse to the proper authorities. Beyond that, they may need an experienced assisted living home abuse lawyer in Dana Point to help determine if abuse is occurring and if there are grounds to file a damages suit.

Filing a Damages Suit

The State of California affords protections and rights for nursing home residents. The Elder Abuse and Dependent Adult Civil Protect Act provides mechanisms for elders, 65 years or older, who are subject to financial and physical abuse.

The Act stipulates that no elder should ever be subject to financial abuse, such as having their property taken from them or withdrawing money from their bank account with their willing consent. California Welfare and Institutions Code §15630 further states that elders should not be subject to undue influence when making a financial decision that would benefit the nursing home.

When is the Deadline for Filing a Nursing Home Abuse Claim?

Elders experiencing physical abuse at a nursing home may be able to file a personal injury suit against the perpetrator. In California, nursing home residents have two years from the action in question to file a personal injury claim, according to California Code of Civil Procedure §335.1.

If the claim is not filed within the designated deadline, the plaintiff may be ineligible to recover compensation from the responsible party. The process of filing a damages suit could be complicated, and a trusted legal advocate could help by ensuring all claims and documentation are filed promptly and correctly.

A Dana Point Nursing Home Abuse Attorney Could Help

It may be difficult for any family to entrust a nursing home to take care of their elderly loved ones. When they do, they expect their loved ones to be physically and emotionally protected.

If you or your elder loved one were abused in a nursing home, you may be able to file a claim against the responsible party. A Dana Point nursing home abuse lawyer could help you file your claim and prove your case in court to help you gain the compensation you deserve. Call today to get started on your case.