We rely on long-term care facilities to care for our seniors. That is why it’s such a grave violation when they neglect their duty to care for society’s most vulnerable. If your loved one has been a victim of abuse in a care facility, you’ll want a San Diego nursing home abuse lawyer to seek justice and answers.
The team at Sweet James has served countless clients, and our lawyers have over 25 years of combined experience helping injury victims. We understand the serious nature of nursing home abuse and will work tirelessly to hold negligent providers and facilities accountable for the harm they’ve caused.
Contact our offices today to speak with a California nursing home abuse lawyer about your case. Consultations are free, so don’t hesitate to reach out.
Why You Should Work With a Nursing Home Abuse Lawyer
Nursing home abuse cases are complex because they require knowledge of federal and state law regarding patient rights and standards of care. The nature of abuse can also make it hard to prove, so evidence collection needs to be thorough and exhaustive.
Our nursing home abuse lawyers at Sweet James can handle all aspects of pursuing your case. Specifically, we can:
- Gather evidence of negligent or abusive care
- Assess laws regarding nursing home patient care
- Calculate losses from injuries
- Obtain eyewitness testimony
- File formal complaints with the Department of Health
- Negotiate with insurance adjusters
- Initiate formal litigation
We have more than 400 legal professionals on our team and have data from thousands of past cases to pull from. Many of our attorneys are also members of notable professional organizations, such as the American Association for Justice. You can count on our San Diego personal injury lawyers to provide competent and compassionate legal representation.
Types of Nursing Home Abuse and Neglect
Nursing home abuse can fall into the categories of physical, emotional, or financial. Below are examples of abuse in each category:
Physical Abuse
- Hitting or striking
- Rough handling
- Using unnecessary restraints
- Withholding medication or failing to provide care
- Not washing or bathing
- Using physical force for punishment
- Providing insufficient food
- Intentionally inflicting physical discomfort
- Sexual assault or unwanted touching
Emotional Abuse
- Insulting or belittling
- Isolating residents from others
- Intimidation and making threats
- Ignoring complaints or signs of distress
- Humiliating and publicly shaming residents
Financial Abuse
- Stealing cash or personal possessions
- Accessing financial accounts without consent
- Making changes to legal documents without permission
- Financial coercion or manipulation
- Charging for services not rendered
Signs of Abuse and Neglect in Nursing Facilities
Below are some common signs of abusive or negligent conduct in nursing care homes. If you notice any of the following signs, you should start documenting and talk to a lawyer.
- Bruises, scratches, or cuts
- Dehydration and malnutrition
- Ligature marks from restraints
- Infections and unexplained illnesses
- Bedsores and pressure ulcers
- Disheveled appearance and poor hygiene
- Unsanitary facilities
- Fear, anxiety, or depression
- Social withdrawal and lost interests
- Problems with speech, mobility, or emotional regulation
If you suspect that your loved one has been victimized by abuse or neglect, it’s important to gather adequate documentation and evidence. We can investigate to root out and identify misconduct to strengthen your claim.
Who Is Liable for Nursing Home Abuse?
Several parties could be legally liable for the abuse your loved one suffered.
Individual Staff Members
Most obviously, individual staff members and care providers can be liable for direct acts of physical, emotional, or financial abuse. Under vicarious liability, facilities can be liable for the negligence of their employees.
Nursing Facility Management
The nursing facility itself can be directly liable if the abuse resulted from mismanagement. Examples of mismanagement could include insufficient staffing, medication storage errors, and not keeping accurate patient records.
Third-Party Contractors
Any other third-party contractor can be responsible if their negligence contributed to your injuries. This may include pharmacies, contractor workers, and food service vendors.
Damages You Can Recover in a Nursing Home Abuse Lawsuit
Below are some examples of the types of losses that you can recover in a nursing home abuse claim:
- Cost of medical treatment related to the abuse
- Cost of relocation to a different facility
- Compensation for stolen or damaged property
- Pain and emotional distress
- Mental anguish from humiliation and indignity
- Punitive damages to punish the offender
Our San Diego nursing home abuse law firm will perform a comprehensive audit of your loved one’s losses to derive a figure that adequately compensates them for economic and non-economic losses.
How Long Do I Have to Sue for Damages?
California’s statute of limitations limits your time to file a lawsuit for nursing home abuse to a maximum of two years. Similarly, the time limit for filing a wrongful death lawsuit for nursing home abuse is also two years.
Nursing home abuse is rarely a one-time event, so the two-year timer starts from the most recent date of abusive conduct. If you didn’t know about the abuse, the timer instead starts from the date you discovered there was misconduct.
Regardless of your circumstances, you should act quickly to preserve the strength of your claim. A lawyer from Sweet James will get started immediately to reduce the time spent waiting for your payments.
Contact a Nursing Home Abuse Lawyer Serving San Diego
Abusive violations in nursing homes are a pressing problem, and many victims never see justice. Sweet James can advocate on your behalf and seek accountability from nursing home staff and facilities. Call our offices or fill out the contact form below to request an appointment with a knowledgeable nursing home abuse attorney serving San Diego.
