Los Angeles Nursing Home Neglect Attorney
Have You or a Loved One Been Neglected in a Nursing Home? We Can Help!
Many Californians either currently live or at some point will live in a nursing home. Nursing homes and assisted living facilities are supposed to provide a safe, trusting haven for elderly individuals to comfortably live the remainder of their lives. Unfortunately, many owners and operators of nursing homes in California do not share the same goals and are only motivated by monetary profits instead of meeting the needs and desires of their elderly or disabled residents.
Deciding to place a loved one in the care of a nursing home or an assisted living facility is not an easy decision to make. If you have made the difficult decision to do so, it is your right to expect the facility to care for your elderly or disabled loved one and not injure, abuse, or neglect them. Unfortunately, nursing home abuse is a reality in California. It is imperative to hold the responsible parties who injured your loved ones accountable for their actions.
The Los Angeles nursing home neglect attorneys at the Law Offices of Samer Habbas are dedicated to protecting the legal rights of the elderly who have been abused and neglected at nursing homes and assisted living facilities. We will work hard to get you the damages that you and your loved one deserve. For more information or for a free consultation, call 949-727-9300.
How to Spot Nursing Home Abuse
Nursing home abuse is not always easy to spot. The symptoms may not be so obvious, especially for the family members of the elderly who are not at the facility and may not visit on a daily basis. However, if you suspect that your elderly loved one may be subject to abuse, it is imperative that you look for the following signs and symptoms of nursing home abuse:
- Untreated bedsores, wounds, cuts or bruises
- Sudden and unexplained weight loss
- Abnormally pale complexion
- Poor personal hygiene
- Torn clothing or broken personal items
- Blood on bed sheets
If you notice any of these or other symptoms that may be indicative that your loved one has been subject to nursing home abuse or neglect, it is imperative that you immediately contact the appropriate authorities. You should also consult with an attorney who specifically handles nursing home abuse cases to protect the legal rights of your loved one. For a free case consultation with a Los Angeles elder abuse attorney, call 949-727-9300.
The Different Forms of Nursing Home Abuse
Nursing home abuse can take many forms, including:
- Neglect. Neglect can happen in different ways, such as the failure to provide food and water, sanitary conditions for the elderly to live in, proper medical care, and other basic necessities.
- Physical assault. Staff members or other nursing home residents can physically assault residents, such as punching, kicking, restraining or inflicting other physical acts that cause injuries.
- Sexual assault. Nursing home residents can also be sexually assaulted by staff members or other residents at the facility. Sexual abuse or assault can range from exposing sexual parts to unwanted touching and rape.
- Emotional abuse. Nursing home staff can sometimes try to exercise authority or punish residents with insults, humiliation, name-calling, threats, and other words and actions that cause emotional trauma.
At the Law Offices of Samer Habbas, we believe that your loved one has the right to be heard. Those who commit the horrid acts of nursing home abuse and neglect must be held accountable for their actions. Our Los Angeles elder abuse lawyers will expertly investigate the facts of your case to make sure all the responsible parties, including the facility, are held accountable. Filing a personal injury claim will not make the devastating experience for your loved one go away. However, it can bring them a sense of justice and closure.
Common Causes of Nursing Home Neglect & Abuse
In order to successfully prove a nursing home neglect and abuse case, a victim must prove that he or she was injured as a result of the negligent or wrongful actions of the nursing home or its employees. Examples of fault in nursing home and neglect cases include:
- Inadequate training of staff members – When a nursing home facility fails to properly provide its staff members with the necessary information need to do properly do their jobs, it can result in the staff accidentally hurting residents. For instance, assisting residents in or out of bed without the proper support can result in them falling and shattering hips or back.
- Hiring unsafe staff members – A nursing home facility’s failure to perform adequate background checks or references for hires can ultimately place their residents at harm if the hires have a criminal background or past allegations of abuse. In such cases, the facility may be on the hook for any resulting harm due to negligent hiring.
- Inadequate staffing – A nursing home might try to cut corners by hiring fewer care staff, which means residents will not get the help they need.
- Staff drug abuse or alcohol addiction – Nursing home facilities may also be on the hook for any harm caused to residents as a result of a staff member neglecting his or her duties due to drug use.
- Failure to provide adequate medical care – Based on the circumstances, a nursing home might need to order a particular course of treatment. If it fails to act appropriately, it may result in the negligent harm of a resident.
- Failure to supervise staff – A nursing home facility can also be responsible for any resulting abuse to residents if it fails to properly and adequately supervise staff members to prevent the misconduct.
- Failure to provide adequate security – A nursing home may not adequately prevent residents or visitors at the facility from harming other residents.
- Failure to report abuse – Nursing homes are required under the law to report cases of abuse to prevent cover-ups. Failure to do so can be actionable.
Common Types of Compensation for Injured Nursing Home Victims
If you or a loved one has suffered any type of injuries as a result of the negligent or wrongful actions of a nursing home facility or its staff member, you may be entitled to compensation. Monetary damages will not undo the harm caused, but it can help restore you or your loved one’s health and dignity, hold the nursing home accountable for their wrongdoing, and help prevent it from happening in the future.
Monetary compensation in a nursing home abuse case generally falls into three categories.
- Economic damages. Economic damages are types of compensation that you can measure. In nursing home neglect cases, these types of damages generally stem from past and future medical care needed to treat the abuse injuries, including:
Medical testing (CT scans, MRI tests, X-rays, blood work)
Assistive devices, including wheelchairs
Future medical care
Costs of increased living assistance
- Non-economic damages. Non-economic damages are types of compensation that nursing home abuse victims cannot measure. These non-monetary damages, many of which significantly reduce the victims’ quality of life, might include:
Physical pain and suffering
Emotional trauma, such as depression, fear, grief, anxiety and lack of sleep
Loss of enjoyment of life
Permanent cognitive or physical impairments caused by the injuries
- Punitive damages. While economic and non-economic damages are intended to monetarily compensate the injured nursing home neglect victim, punitive damages are designed to punish the nursing home in the hopes of deterring future neglect or abuse. Punitive damages are generally available in cases where the nursing home facility or its staff engaged in egregious behavior, such as the staff members acting with malice.
The legal team at the Law Offices of Samer Habbas will investigate all the facts of your case to determine exactly which of these damages you or your loved one will be entitled to. Our experience in handling these types of cases gives us the knowledge we need to get you the full compensation that you deserve.
Protect Your Rights with an Experienced Los Angeles Nursing Home Abuse Attorney
If or a loved one has been a victim of nursing home abuse or neglect, contact the Law Offices of Samer Habbas & Associates. Our Los Angeles nursing home abuse lawyers specialize in handling nursing home abuse and neglect cases and have the experience to help you hold the responsible parties accountable and obtain compensation for your pain and suffering.
For more information or to discuss your case with an expert Los Angeles elder abuse attorney, please call 949-727-9300.