Finding out that a loved one may have been abused or neglected in a nursing home can be deeply painful and upsetting.
If you are thinking about pursuing legal action, you don’t have to do things on your own; a Riverside nursing home abuse lawyer from Sweet James can explain your options and potential for compensation.
Sweet James focuses on accident and personal injury cases and has more than 600 five-star reviews on Google and Yelp. If your loved one was harmed in a Riverside nursing home, a lawyer can help you look into what happened and learn about your legal options. Reach out to our firm to speak with a California nursing home abuse lawyer today.
Signs Your Loved One May Be a Victim of Nursing Home Abuse
Nursing home abuse is not always easy to spot. Your loved one may be unable to explain what happened, or you may only notice small changes at first. Some warning signs can include:
- Unexplained injuries: Bruises, cuts, burns, broken bones, or other injuries without a clear explanation.
- Bedsores: Pressure sores that may develop when a resident is not moved or cared for properly.
- Poor nutrition or dehydration: Weight loss, weakness, or signs that your loved one is not getting enough food or water.
- Changes in behavior: Fear, anxiety, withdrawal, depression, or becoming afraid of certain staff members.
- Poor hygiene: Dirty clothing, unwashed hair, or other signs that basic care is not being provided.
- Missing money or property: Unexplained withdrawals, changes to accounts, or missing personal belongings.
These signs do not always prove that abuse or neglect occurred. However, they may be reasons to ask questions and look more closely. Medical records, care plans, medication records, and facility reports may all help show what happened. Speaking with a nursing home abuse lawyer from Sweet James early can help protect important evidence.
Compensation That May Be Available in a Nursing Home Abuse Claim
If your loved one was harmed because of abuse or neglect, compensation may be available for losses caused by the conduct. Depending on the facts, a claim may involve:
- Medical expenses: Treatment for injuries, infections, bedsores, dehydration, or other health problems.
- Pain and suffering: Compensation for physical pain and emotional harm when allowed by law.
- Relocation costs: Expenses related to moving your loved one to a safer facility may be part of the losses in some cases.
- Ongoing care: Future medical treatment, therapy, medication, or other care may be included when supported by the evidence.
- Wrongful death damages: If abuse or neglect contributed to a loved one’s death, surviving family members may have a separate wrongful death claim.
The amount and types of compensation available depend on the facts of the case. A Riverside nursing home attorney can take a look at the details of your case and help you understand your or your loved one’s rights to compensation.
How Can a Nursing Home Abuse Lawyer Help?
A nursing home abuse lawyer can help you investigate what happened to your loved one and determine whether the available evidence supports a legal claim. Your Riverside personal injury lawyer can also help identify whether signs of abuse, neglect, or financial exploitation were reported and how the facility responded. A lawyer may help by:
- Gathering records and other evidence from the nursing home.
- Reviewing your loved one’s medical and care history.
- Identifying potential witnesses and responsible parties.
- Working with medical or other experts when needed.
- Communicating with the nursing home and insurance companies.
- Helping preserve evidence that may support your claim.
A Riverside nursing home abuse attorney from Sweet James can also explain your legal options and the types of compensation that may be available. If your loved one cannot speak for themselves, a lawyer can help you understand who may be able to pursue a claim on their behalf.
Who Can Be Held Liable for Nursing Home Abuse?
A nursing home or other care facility may be responsible when poor policies, unsafe practices, or inadequate supervision contribute to a resident’s injuries. In some cases, the people who own or manage the facility may also face legal claims. The facts of each case determine who may be responsible.
Individual staff members may also be involved in abuse or neglect. Other parties may have a role as well, such as staffing companies, medical providers, or contractors who provide services to the facility. Determining who is legally responsible may require reviewing employment records, care plans, medical records, and facility policies.
Staffing problems can also be important when investigating a nursing home injury. A facility may need enough properly trained staff to meet residents’ care needs. If a lack of staff or poor supervision contributed to harm, those facts may be relevant to a legal claim. An attorney can investigate whether the problem involved one person’s actions or a larger failure in the facility.
Your Legal Rights Under California Law
California’s Elder Abuse and Dependent Adult Civil Protection Act protects older adults and some dependent adults from abuse and neglect. The law covers physical abuse, neglect, financial abuse, abandonment, and other harmful acts. In some cases, the law may allow additional damages or other legal remedies.
Attorney’s Fees and Punitive Damages
In some elder abuse cases, you may be able to recover attorney’s fees and other legal costs. Punitive damages may also be available in certain cases. These damages are not automatic. The facts of the case must meet the legal requirements.
Reporting Suspected Abuse
California law requires certain caregivers and care facility workers to report suspected abuse. Depending on the situation, a report may need to be made to law enforcement, the long-term care ombudsman, or another agency. If you suspect your loved one has been abused or neglected, it is also important to learn about any deadlines that may apply to a legal claim.
Contact a Riverside Nursing Home Abuse Law Firm Today
Your loved one deserves to be treated with care and respect. If you believe a Riverside nursing home failed to provide proper care or your loved one was abused, you do not have to investigate the situation alone.
Sweet James can review the facts, medical records, and other evidence to help you understand your options. The sooner you seek legal advice, the sooner you can begin protecting records, identifying witnesses, and documenting your loved one’s condition.
If your loved one is still living at the facility, their safety should be the first concern. After addressing any immediate danger, consider speaking with a Riverside nursing home abuse attorney about your legal rights. Early action can be important when evidence and records are needed to understand what happened.
