Nursing Home Abuse Lawyers in San Luis Obispo, CA
San Luis Obispo County has eight nursing homes and more than 40 assisted living facilities for the elderly, but these institutions provide care and safety to many thousand seniors in the SLO area daily. Even though these nursing homes provide appropriate care for the most majority of their patients, on far too many occasions, patients slip through the net and are subject to neglect and even physical abuse. We at the 805 Personal Injury Law Offices have a wealth of expertise defending individuals and families who have suffered as a result of abuse or neglect while in a nursing home, assisted living facility, or other care facility environment.
If you have reason to believe that a loved one has been neglected or abused, or if they have suffered an unexpected sickness or injury, contact our personal injury law firm immediately for a no-obligation consultation.
Who is an “Elder”?
A person is considered an “elder” in California if they are over the age of 65, according to state law. However, it is not only the elderly who have the right to file a claim for neglect or abuse.
Those under the age of 18 who have a physical disability that limits his or her ability to carry out routine activities, as well as those who are inpatients in a hospital or nursing institution, are included under the elder abuse statutes.
If Your Loved One Was Neglected at a Nursing Home, You May Be Entitled to Compensation.
Here are the facts.
According to the National Center on Elder Abuse, nearly three million Americans now reside in nursing homes. According to 2010 NORS data, physical abuse accounts for 29% of resident complaints. If you or a loved one has been a victim of nursing home abuse, you may be entitled to compensation.
Residents of nursing homes report abuse at a rate of more than 40%. Neglect is reported by 95% of the population.
People tend to think of elder abuse as being limited to a physical attack on someone who is in their golden years. The reality is that it has a far broader definition. The majority of the cases that our San Luis Obispo nursing home negligence attorneys see include negligent caregivers who fail to achieve the required level of care, which is simply following the written plan of care, as described in the documentation.
Signs of Neglect
An elderly nursing facility resident who is prone to falling can suffer a life-threatening injury. However, while not every fall can be prevented, every nursing home resident who is at high risk of falling should be protected by caregivers who implement appropriate prevention actions. Neglect may be construed as a failure to take reasonable steps to prevent falls.
Bedsores or pressure ulcers
Occur in people who spend the majority of their days in bed or who are confined to their beds. Nursing homes must have a plan of care prepared for high-risk patients to prevent the development of these sores. This plan of care may include the use of an air mattress, elevation of the heels, turning the patient regularly, and regular examination of the skin to catch the sores early on. In the presence of expert care, pressure sores are potentially life-threatening and should be avoided at all costs.
The abandonment of the elderly in nursing homes or assisted living facilities can take place in a variety of ways. In some cases, caregivers will leave the vulnerable senior alone and unattended for an extended period, which is known as abandonment.
Alternatively, it might arise when a resident has a need, such as medical care, but is refused access to that treatment. The act of abandoning a resident may be prosecuted any time a resident is put in danger due to a failure to provide care.
Malnutrition or dehydration
Caregivers in nursing homes have a responsibility to ensure that patients receive adequate nourishment, which includes a nutritious diet as well as sufficient liquids to maintain proper hydration. Failure to supply sustenance for even a few days can have devastating consequences, including death.
Other serious complications
- Other serious injuries
- Wrongful death
Signs to Watch Out For in a Nursing Home Abuse
- The victim becomes irritable and/or agitated, withdraws, or becomes non-communicative, particularly when surrounded by nursing home workers.
- Your senior loved one demonstrates quick weight loss, rapid weight gain, or malnutrition-related symptoms.
- Some injuries are inexplicable, such as welts, cuts, or bruises, that heal in stages.
- The victim exhibits abrupt and odd behavioral changes.
- Your loved one is prone to illness, which is particularly concerning if unreported to family members.
Put an End to Senior Abuse.
The fact that you placed your faith in a nursing home, assisted living institution, or residential care facility to care for a family member or loved one and now believe they have been abused is not uncommon.
Unfortunately, elder abuse is a prevalent occurrence in our society.
Abuse can manifest itself in a variety of ways, ranging from neglect to physical violence. Those suffering from dementia or disability are among the elderly who may be particularly vulnerable to maltreatment. Nursing home abuse, in whatever manner it manifests itself, is criminal and must be halted immediately. According to the results of a survey done by the National Center on Elder Abuse, elders who have been mistreated have a 300 percent higher risk of death than those who have not been abused.
Only a small percentage of incidents of abuse are reported to the appropriate authorities. Residents may be hesitant to file a complaint for fear of reprisal or embarrassment, and family and friends of the victim may be uninformed of the common warning signs of a crime in progress.
Why File A Claim For Nursing Home Abuse?
Following CFR 483.13, all residents have the “right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary confinement,” as well as the right to be free from “involuntary seclusion.”
Making use of a lawyer to file your nursing home abuse claim holds staff accountable for their conduct and prevents government funds from being directed to facilities that breach federal standards of care. Contact our personal injury attorneys if you wish to file injury claims. We will be more than happy to assist you during the legal process.
Schedule a free consultation with our personal injury lawyers today.
Hire a lawyer and get paid what’s owed you.
If you suspect a loved one has been harmed by skilled nursing or assisted living care, please contact the 805 Personal Injury Law Office at (805) 365-6303 or fill out our online questionnaire. We have the best personal injury lawyers who are skilled at getting their clients maximum compensation.
We would be delighted to speak with you if you want to pursue damages.
(San Luis Obispo Office)