Nursing homes are residential care institutions that provide medical, long-term or respite care to elderly individuals who can no longer care for themselves. While these establishments advertise themselves as safe havens for seniors, unfortunately many don’t meet their assurances.
Unfortunately, these establishments often lack proper safety protocols and this can lead to mistreatment of older individuals. To safeguard your loved ones from abuse, keep a close eye on them and report any concerns as soon as possible.
If you believe your loved one is being abused or neglected in a Los Angeles nursing home, the first step should be reaching out to an attorney who specializes in this type of abuse. Your legal representative can help identify all available legal avenues and help pursue compensation for any injuries sustained by your loved one.
Abuse can take many forms, such as physical, emotional and sexual. It could also include neglect, abandonment or exploitation.
Emotional abuse can take many forms, from intimidation and humiliation to mocking and belittling. It may also be more subtly expressed through a sudden shift in mood.
In some instances, abuse can cause a resident to experience depression or anxiety. This can have an enduring impact on their overall well-being and quality of life.
Neglect can also result in harm to a nursing home resident, such as unsanitary conditions and bedsores. Bedsores have the potential to spread infections, other health complications, or even lead to death.
Financial exploitation is another common form of abuse in nursing homes, which involves taking advantage of an elderly person’s finances. This could be done through theft or unauthorized withdrawals from their accounts.
Due to this abuse, your loved one may suffer a significant loss of income or other economic consequences. Fortunately, you have the legal option of filing for damages in civil court to compensate them for these losses.
When filing a claim against a nursing home in California, you must prove their negligence. Negligence is defined as the failure to act with reasonable care.
Establish negligence by proving all four elements: duty, breach, causation and damages. If you can prove all four elements of negligence on behalf of your loved one due to someone else’s carelessness (e.g., nursing home staff member or other party responsible for injury), then you may be eligible for compensatory damages for losses suffered as a result of their carelessness.
Additionally, punitive damages may be awarded if it can be proven that the defendant acted maliciously or with malice. To prove this element of proof requires “clear and convincing” evidence – a higher standard than preponderance of evidence.
You may be eligible for damages for your losses, such as medical bills, lost wages and pain and suffering. These types of tragedies can significantly diminish your loved one’s quality of life and ability to engage in daily activities and hobbies.
