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Elder & Nursing Home Abuse FAQ

Recover Compensation From Our Los Angeles Elder Abuse Attorney

What should I do if I suspect any abuse, neglect, or exploitation?

Report it immediately. At that moment, you do not need to prove what happened to you or your loved one. Instead, the following services will investigate your claim and get you to safer conditions:

  • Local law enforcement: Dial 911 to reach out to the police for immediate danger
  • Adult Protective Services (ADS): ADS is an agency that investigates elder abuse concerns, among others. It is best for situations where the danger is not immediate.
  • Long Term Care Ombudsman: Representatives that assist residents with issues regarding their health and livelihood. Californian ombudsman advocate and prevent abuse in residential facilities, nursing homes, and living centers.

What Is nursing home abuse?

Nursing home abuse typically involves mistreatment by caregivers harming the residents in a nursing home or assisted-living facility. Abusive behavior may involve intentional or unintentional harm that leaves the victim with injury, trauma, medical emergency, or death.

Typical forms of nursing home abuse and neglect could include:

  • Assault and battery
  • Substandard healthcare causing declining health
  • Sexual assault or inappropriate touching
  • Continual or prolonged deprivation of water and food
  • Unauthorized seclusion or isolation
  • Bedsores

What are the types of elder and nursing home abuse?

  • Physical elder abuse — the intentional use of force against an elderly person
  • Emotional elder abuse — intentional acts that inflict mental pain, fear, or distress on an elder, and can take many forms
  • Sexual elder abuse — abuse forced or non-consensual sexual contact of any kind with an older adult
  • Elder neglect — when a caregiver fails to protect an older adult from harm, resulting in serious injuries or illnesses. Cases of elder and nursing home neglect are not honest accidents; rather, they are the result of carelessness or a lack of regard for an older person’s health.
  • Elder self-neglect — when an elderly person is no longer able to meet their basic daily needs, and they suffer as a result.
  • Elder abandonment — when someone who cares for an older person intentionally deserts them. The former caretaker may leave the elder at a nursing home or other care facility without any arrangement, or with relatives who didn’t agree to become caregivers.
  • Financial elder abuse — the illegal, unauthorized, or improper use of an older individual’s resources

What causes elder abuse?

In most cases, we have seen psychological, social, and economic trauma to cause elder abuse, which include, but not limited to:

  • Social isolation
  • Depending on a caretaker
  • Limited access to support and resources
  • Physically weak
  • Financial circumstances
  • Caregiver burnout
  • Impairments

Are there penalties to hold elder abusers accountable?

In California, Penal Code 368 PC protects elders 65 and older from abuse. If proven, the offense can get prosecuted as a misdemeanor or a felony and is punishable by up to four years in jail. The laws about elderly abuse vary per state.

What is the most common abuse in nursing homes?

Emotional abuse (also known as verbal or psychological abuse) occurs when someone insults a resident or uses threats to control them. It is the most common type of nursing home abuse.

What should I look for if I suspect a loved one is a victim of abuse or neglect?

The most common signs are:

  • The development of bedsores or pressure ulcers, poor hygiene
  • Malnutrition, dehydration, unplanned or unexpected weight loss
  • Fractured limbs
  • Failure to turn a bedridden patient in a timely manner
  • Overmedication
  • Understaffing

How do you prove nursing home abuse in California?

To win a financial elder abuse claim in California, you need to prove that it is “more likely than not” that the abuse did occur, that the victim was 65+ (or dependent) when the abuse occurred, and that the perpetrator knew or should have known that their act was likely to cause harm to the elderly victim.

What damages are recoverable in elder abuse cases?

You can recover past and future medical expenses which would include increased care expenses, past and future wage loss if there is any, and damages for past and future pain and suffering. The elder can also be awarded punitive damages if the misconduct is severe enough. In cases where the elder has died, the survivors are entitled to recover all of the above damages plus damages resulting from the loss of society care and comfort which would have been provided to them by the elder.

Get Legal Help From an Experienced Elder Abuse Attorney 

Placing a loved one in a nursing home is a difficult decision as the family puts trust into the facility. When that trust gets broken, the consequences can be severe, and can result in injury or even wrongful death.

Discovering that someone you love is the victim of abuse in a nursing home can be devastating.

Although there is no way to reverse the suffering elder abuse causes, seeking compensation with the help of a nursing home abuse lawyer can help you afford medical treatment that’s needed to start the healing process.

You have the right to take legal action against the facility or caregiver responsible for your elder loved one’s injuries and suffering.

Top Nursing Home Negligence & Elder Abuse Lawyers in Los Angeles

If you have seen signs of nursing home staff negligence or abuse while visiting your loved one in a nursing home, contact an experienced Los Angeles personal injury lawyer immediately.

If your loved one has been injured or neglected due to someone else’s poor behavior, you deserve an experienced elder abuse lawyer to fight passionately by your side.

Our dedicated attorneys at Grey Law have 25+ years of experience in handling nursing home abuse cases in Los Angeles courts and will protect your legal rights and help you recover the compensation you deserve.

For a free initial consultation and dedicated representation, please don’t hesitate to call (323) 857-9500 or email today.

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