Rancho Santa Margarita Nursing Home Abuse Lawyer

Nursing home abuse takes many forms. Physical and emotional abuse are commonplace in Rancho Santa Margarita nursing home facilities. However, sexual abuse is a common and frequently unreported form of harm that nursing home residents face. Given their vulnerable state, many residents also fall prey to financial abuse that robs them of their savings. A seasoned personal injury attorney could help an abused nursing home resident seek compensation for their injuries.

If you believe your loved one sustained nursing home abuse, it is essential that you ensure their safety first. Once they are secure, a meeting with a Rancho Santa Margarita nursing home abuse lawyer could provide guidance on if a civil lawsuit is an option.

Signs of Nursing Home Abuse

The signs of nursing home abuse might be subtle. They could include anything from unexplained injuries to unusual financial transactions. Identifying nursing home abuse is challenging in some cases when a nursing home resident is unable or unwilling to discuss what happened to them. Common signs of nursing home abuse include:

  • Cuts and bruises
  • Unexplained falls
  • Bedsores
  • Rapid weight loss
  • Unauthorized financial transactions
  • Dehydration
  • Depression

When nursing home abuse occurs in Rancho Santa Margarita, an experienced attorney could hold the abusers accountable. By filing an abuse lawsuit on behalf of the victim and their family, an accomplished lawyer could recover monetary damages and enact a measure of justice for the abuse.

Elder Abuse and Dependent Adult Civil Protection Act

In Rancho Santa Margarita, the Elder Abuse and Dependent Adult Civil Protect Act (EADACPA) governs claims of nursing home abuse. This Act – one of the first of its kind adopted in the United States – provides a remedy for nursing home abuse through civil litigation. Found at California Welfare Code 15630, the Act is designed to give nursing home residents an avenue to hold their abuser accountable, even if they avoid criminal prosecution.

Proving Abuse under the Act

Thanks to the broad language of the act, a Rancho Santa Margarita nursing home abuse attorney has several avenues for pursuing a claim of abuse. The act covers any act that leads to the physical pain or mental suffering of a resident, which includes:

  • Physical abuse
  • Neglect
  • Financial abuse
  • Abandonment
  • Sexual abuse
  • Isolation, or
  • Abduction

With a favorable verdict at trial, a plaintiff in a nursing home abuse case could recover damages to compensate for their medical bills, physical pain, or mental anguish resulting from their abuse. Additionally, a jury may award punitive damages in cases where a defendant acts with recklessness, oppression, fraud, or malice while committing abuse.

Time Limit to File an EADACPA Claim

As with all injury claims, there is a deadline to file a lawsuit under the EADACPA. Should a plaintiff file suit after the expiration of this deadline, the court could prevent them from proceeding with their claim. In these cases, a lawyer representing a Rancho Santa Margarita nursing home abuse victim has two years from the date of the nursing home abuse to bring a lawsuit.

Speak with a Rancho Santa Margarita Nursing Home Abuse Attorney Right Away

When it comes to seeking compensation through the EADACPA, there is no time to waste. Failing to adhere to the strict deadline to file a lawsuit could result in the dismissal of your case regardless of how viable your claim actually was.

With so much at stake, it is in your best interest to avoid harmful errors that could derail your loved one’s abuse claim. To move forward on their case, reach out to a Rancho Santa Margarita nursing home abuse lawyer immediately.