San Juan Capistrano Nursing Home Abuse Lawyer

When you trust a nursing home, assisted living facility, or home health care agency to care for the physical needs of your loved one, the last thing that you may expect is abuse or neglect. However, nursing home abuse is an all-too-common phenomenon in the state of California and throughout the United States.

If your loved one has fallen prey to nursing home abuse, you should not hesitate to contact a San Juan Capistrano nursing home abuse lawyer. A skilled personal injury attorney could assess any claim for compensation that you may have on your loved one’s behalf.

Common Injuries in Nursing Home Abuse Cases

Nursing home abuse and neglect may lead to a number of severe injuries, some of which could ultimately result in death, particularly for individuals who already are frail, ill, or suffering from various medical conditions. Factors such as mismanagement, lack of adequate staffing, and a disproportionate focus on making higher profits could lead to nursing home residents receiving substandard care and abuse.

Some of the more common nursing home injuries may include:

  • Broken bones and contusions from abuse, rough handling, or falling while unattended
  • Bedsores and pressure ulcers from neglect
  • Weight loss, malnutrition, and dehydration
  • Overmedication so patients require less attention and care
  • Sexual abuse or molestation by staff members or other residents
  • Accidents, hypothermia, or heatstroke when mentally impaired residents are left unsupervised and wander away from facilities

All of these situations have the potential to lead to serious injuries and death. When nursing homes fail to adequately care for, monitor, and provide medical treatment for their residents, they may be responsible for any resulting injuries. Getting the advice of an experienced San Juan Capistrano nursing home abuse attorney could help an individual explore their options for recourse against those who are responsible.

Remedies for Abuse

Although there are no standardized means of filing a complaint against a California nursing home, there are mechanisms that may allow consumers to report and request an investigation into facilities that have abused or neglected their elderly residents.

Addressing Issues with the Facility

It may be best to address initial concerns with the administrators of the nursing facility. Some facilities may have family councils that help address consumers’ concerns.

Contacting Ombudsmen

Individuals may contact the long-term care ombudsman for the county in which the facility is located. Although ombudsmen have no legal enforcement powers, they could be useful in resolving complaints and disputes.

Working with the California Department of Public Health

If informal complaints and means of dispute resolution fail, the Licensing and Certification Division of the California Department of Public Health (CDPH) enforces laws related to nursing home care, conducts inspections, and investigates complaints. Individuals could file complaints about long-term care facilities that agency staff investigate and, if appropriate, the state may take enforcement actions against facilities.

Filing a Lawsuit

If nursing home administrators have been negligent in performing background checks, hiring, maintaining, training, and supervising staff members who abuse or neglect nursing home residents, injured residents and their families may be able to file a nursing home abuse lawsuit.

Through this lawsuit, residents and immediate family members of residents may be able to seek compensation for any injuries or damages that occurred. This could include compensation for medical bills, physical pain and suffering, and emotional distress.

A San Juan Capistrano nursing home abuse lawyer could explain which remedy is most appropriate to utilize in pursuing a person’s individual abuse case. A well-practiced attorney could gather evidence of the abuse and build a case to seek compensation and hold the responsible party accountable for their actions.

Contact a San Juan Capistrano Nursing Home Abuse Attorney

Residents of nursing homes and other long-term care facilities who suffer abuse or neglect that leads to injuries may have various forms of recourse under California law, including complaints to the CDPH and nursing home abuse lawsuits.

Nursing home administrators and staff have a duty and responsibility to treat their residents with respect and proper care at all times. When they fail to meet that duty, they should be held accountable. Set up a consultation with a San Juan Capistrano nursing home abuse lawyer and learn about what steps you may be able to take to hold these facilities responsible for their actions.