San Clemente Nursing Home Abuse Lawyer

It is never easy for family members to place a loved one into a nursing home. Sometimes, however, elders are no longer care for themselves and need assistance with daily living that only a nursing home is able to provide. When this is the case, people hope they have chosen a quality nursing home that provides proper care. Unfortunately, that does not always happen.

While the majority of nursing homes provide proper care, there are times when they neglect their residents or even abuse them. If this happens, elderly individuals or their family members must speak with a San Clemente nursing home abuse lawyer for help. Let a compassionate personal injury attorney help you recover damages.

What is Nursing Home Abuse?

California laws on nursing homes define four main types of nursing home abuse. The first is physical abuse, which takes many forms. Unlawfully restraining a resident, improperly administering a resident’s medication, or intentionally inflicting pain or suffering on a resident at any time is regarded as physical nursing home abuse.

While nursing home staff may abuse a resident physically, they may also abuse them emotionally. Emotional abuse occurs when an elder is prevented from attending social activities, or nursing home staff belittle or humiliate an elder.

In some cases, nursing home staff members financially abuse an elder that may not have the mental capacity to understand the abuse is taking place. A staff member may have an elder sign over checks to them or may steal money or property from an elder’s room.

Lastly, under California law, neglect is also considered a form of abuse. Neglect occurs when a staff member places an elder in a dangerous situation. Neglect does not need to be intentional. It must simply place an elder in harm’s way in a situation that could have been prevented if a staff member had not been negligent. For more information, contact a knowledgeable lawyer.

Proving Nursing Home Abuse

When an elder becomes injured as a result of nursing home abuse, they or their family may file a lawsuit against the nursing home or an employee to claim compensation. That compensation could help the victim with the expenses and losses associated with their injuries. Before a nursing home abuse victim may claim compensation, they must prove these three elements of their case:

  • The victim was 65 years old or older, or declared a dependent adult under California law
  • The nursing home or an employee abused the victim
  • The victim suffered damages or losses as a result of the abuse

Proving nursing home abuse is exceedingly difficult. A San Clemente nursing home abuse lawyer could help substantiate a claim by obtaining files and documents from the nursing home during the discovery phase of a civil lawsuit.

How to Report Nursing Home Abuse

As soon as nursing home abuse is suspected, it is important for family members or the elder to report it. This would ideally stop the abuse from the happening and hopefully prevent it from reoccurring in the future.

If the situation is urgent and an elder is in immediate danger, the first thing to do is call 911 or the local police department. Law enforcement officers would not only investigate but are also helpful when moving an elder out of a nursing home. This is likely necessary if their safety is at risk.

Elders and their loved ones should also report nursing home abuse to the San Clemente Code Compliance Services. This could help abuse victims and ensure the nursing home is held accountable for their actions.

Call a San Clemente Nursing Home Abuse Attorney Today

If you believe your family member has been the victim of nursing home abuse, do not wait to take action. Your loved one may be entitled to compensation and a San Clemente nursing home abuse attorney could help them get it. Attorneys know the injustice of nursing home abuse and are passionate about helping abuse victims get fair settlements that fully cover their losses. Call today to begin reviewing your case.