Lake Forest Nursing Home Abuse Lawyer

While nursing homes have a delicate responsibility in attending to elderly loved ones and providing a high quality of care. When elderly care facilities fail to carry out their responsibilities, their residents suffer.

If your elderly loved one is suffering from or has experienced nursing home abuse, contact a Lake Forest nursing home abuse lawyer. By thoroughly exploring your options with a compassionate personal injury attorney you could take the next step that is right for your family.

Common Types of Nursing Home Abuse

Nursing home abuse may take on many forms. It may at times be physical abuse, while it is emotional in other cases. Any form of abuse that causes tangible harm may result in a valid claim. In the realm of nursing home abuse lawsuits, there are typically three primary forms of harm that create the foundation of a claim:

The legal definition of abuse is a willful infliction of injury, intimidation, punishment, or unreasonable confinement that results in physical pain, harm, or mental anguish. Neglect is different and is typically considered poor treatment whereby the caretaker fails to fulfill their obligations to those under their charge.

Since there could be many different forms of abuse within these definitions, cases tend to be complex. A Lake Forest nursing home abuse lawyer could help the plaintiff be certain they are presenting their case as accurately as possible.

Standard of Care in Lake Forest

The federal Nursing Home Reform Law requires all state nursing homes that receive Medicare and Medicaid payments to meet the same universal guidelines.

Some requirements may include:

  • Sufficient staff
  • Assessment of each resident’s needs
  • Comprehensive care plans
  • Promotion of quality of life
  • Treating residents with dignity and respect

Failing to meet these requirements could result in fines against the nursing home and may also provide the foundation for a lawsuit. Nursing homes that do not receive Medicaid and Medicare payments are typically not obligated to follow these laws. In cases of abuse at the hands of such nursing homes, the elderly individual and their families may need to examine the state laws to supplement their case.

Laws Governing Elderly Care Abuse

California Code of Regulations, Title 22 requires nursing homes in Lake Forest to provide healthy and safe living accommodations along with other requirements for the care and quality of life for residents.

The CA Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) helps plaintiffs of nursing home abuse seek compensation for attorney’s fees and punitive damages. Any abuse under an EADACPA claim is considered a civil action and could include fiduciary abuse, neglect, physical abuse, abandonment, isolation, and other actions that may have caused physical and mental suffering.

A thorough grasp of these laws is crucial for nursing home abuse cases. A nursing home worker that takes an elderly resident’s water away may not always be considered to be an EADACPA violation. If they do so while knowing that taking the water would cause harm, it could be considered a violation. Due to the complexity of these laws, it may be important to speak to a nursing home abuse lawyer in Lake Forest who could help examine the effects of a specific case.

Let a Lake Forest Nursing Home Abuse Attorney Help

Due to the profound injustice that nursing home abuse may lead to, the law affords you a number of potential legal options at your disposal. If an elderly loved one is suffering due to damages caused by nursing home abuse, contact a Lake Forest nursing home abuse lawyer today. With a vehement legal professional fighting for your rights, you may be able to receive compensation.