Newport Beach Nursing Home Abuse Lawyer

While the decision is never easy to make, there comes a time in the life of many elderly persons where they make the decision, along with their loved ones, to move to a nursing home. Family members often turn to these facilities when they are no longer able to provide the time and professional level of medical care that the older adults in their life require. While many homes and their staff provide thorough, safe, and sanitary service, however, there are still risks caused by the negligence of others.

If your loved one is suffering from mistreatment or abuse, you should contact a Newport Beach nursing home abuse lawyer. A local elder abuse attorney could help you identify whether abuse may be taking place, your legal rights, and discuss ways to pursue a favorable resolution to the situation. Depending on your case, this lawyer may be able to represent you and present your case to a court.

Identifying and Defining Elder Abuse

Two of the most challenging things about elder abuse is that it could both come in a variety of forms and is hard to detect. The Center for Elders and the Courts defines elder abuse as an intentional or negligent act that causes harm, serious risk of injury, or distress to vulnerable older adults.

Different types of elder abuse include:

  • Sexual abuse: inappropriate sexual touching, sexual assault, and rape
  • Physical abuse: acts of violence, force-feeding, and inappropriate drug use
  • Emotional abuse: infliction of anguish or distress through verbal or non-verbal actions
  • Financial/material exploitation: illegal or improper use of funds, changing of an elder’s will, taking of property or assets
  • Abandonment: desertion of an elderly person
  • Neglect: refusal or failure of nursing staff to carry out obligations or duties

The precise definitions for these types of abuse can be found under California Welfare and Institutions Code §15610. Because elder abuse spans such a range of offenses, and older adults may be unaware of, or unwilling to talk about their injury, it could be challenging to identify. A Newport Beach nursing home attorney with experience in this field of law may be able to help a plaintiff identify if wrongdoing could be taking place.

Who May Bring a Claim

Under Cal. Welf. and Inst. Code §15657.03, a suit may be brought on behalf of an elderly or dependent adult by a conservator or trustee. Generally, this individual is an immediate family member. A nursing home abuse lawyer from Newport Beach could help a family to determine which person may bring a claim on behalf of the elderly individual.

Civil Awards for Nursing Home Abuse Cases

Under Cal. Welf. and Inst. Code §1567, if it is proven by clear and convincing evidence that the defendant’s reckless, oppressive, fraudulent, or malicious abuse is to blame for the harm suffered by the older adult, the plaintiff may pursue damages. Depending on the case, a plaintiff may seek financial compensation for their attorney’s fees and costs as well as their physical and emotional injuries.

The type and amount of damages that may be pursued is dependent upon the case; however, California generally allows for a plaintiff to pursue out-of-pocket medical expenses. Furthermore, less-tangible emotional damages such as pain and suffering, a likely consequence of abuse, could be sought as well, depending on the situation.

Reach Out to a Newport Beach Nursing Home Attorney Today

If you believe your loved one is suffering abuse in a nursing home, the first thing you should do is remove them from that facility to ensure their well-being. Next, you should call or email a Newport Beach nursing home lawyer to set up a consultation.

An elder abuse attorney with experience in this field of law could sit down with you one-on-one and discuss the details of the facts and legal rights associated with your situation. Depending on your case, you may be able to bring legal action against the parties who may have abused this older adult. So, to find out what could be done to help, get in touch today.