If you or a loved one has been injured due to the negligence of a caregiver in a nursing home, assisted-living facility, or long-term care center, turn to J&Y Law. We are dedicated to protecting elders from nursing home abuse throughout California.
Our legal team is well-versed in the laws governing skilled nursing facilities, such as the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Law), the California Welfare and Institutions Code, and other applicable laws. When you consult with us, we will fight tirelessly to protect your rights. We offer free consultations and you will not pay anything to us until we win compensation for you.
What Is Nursing Home Abuse?
When elders are abused or not provided with adequate care, the consequences can be catastrophic. Nursing homes abuse may involve physical abuse, emotional abuse, sexual abuse, and/or neglect:
Physical Abuse
Physical abuse in a nursing home involves any use of physical force that may cause personal injury, physical pain or impairment. Examples of physical abuse include:
- Hitting
- Striking
- Shoving
- Shaking
- Pinching
- Slapping
- Force-feeding
While these are obvious forms of abuse, patients may also be subjected to the excessive use of physical or chemical restraints (e.g. sedatives) as a form of punishment or for any reason not authorized by the prescribing doctor. Physical abuse is usually identified by observing bruises or other injuries on the victim.
Emotional Abuse
Emotional abuse in a nursing home setting is more difficult to identify than physical abuse; however, this form of abuse typically involves conduct that causes emotional pain or distress. Examples of elder emotional abuse include:
- Verbal abuse
- Humiliation
- Threats/intimidation
- Harassment
- Insults
In addition, emotional abuse of elders may involve shunning or isolating a nursing home patient from other residents, family and friends. Warning signs of elder emotional abuse include changes in the victim’s personality or behavior.
Sexual Abuse
Sexual abuse of an elder involves any non-consensual sexual contact, particularly with a patient who is incapable of giving consent. Sexual abuse in a nursing home may involve:
- Unwanted touching
- Forced nudity
- Sexual assault
- Rape
Sexual abuse may not only be committed by nursing home employees but other residents as well. This form of abuse is a criminal offense, and victims are entitled to compensation regardless of whether the perpetrator is convicted.
Nursing Home Neglect
Neglect in a nursing home occurs when a caregiver fails to provide a patient with an accepted standard of care. This form of abuse typically involves failing to properly supervise a patient, which may result in:
- Falls
- Pressure sores
- Wandering/elopement
- Malnutrition/dehydration
Nursing home neglect may also occur when necessities such as food, water, clean clothing, medicine, security, and comfort are withheld.
Why Does Nursing Home Abuse Occur in California?
Many nursing homes are run by corporations that put profits ahead of their patients. Some skilled nursing facilities may attempt to cut costs by not hiring adequate staff, while other nursing homes rely on workers who lack experience and/or proper training. Another factor contributing to elder abuse is that many nursing homes include arbitration clauses in admissions contracts.
These provisions require patients and their families to resolve any disputes through arbitration rather than pursuing a lawsuit. Arbitration is a private process that usually involves signing non-disclosure agreements. Therefore, nursing home abuse is hidden from the public and families are often unaware that a facility has a history of allowing elder abuse to occur. Even though arbitration clauses can no longer be used by nursing homes that receive federal funding through the Medicaid program, elder abuse and neglect continue to be a pervasive problem.
How J&Y Law Fights Nursing Home Abuse in California
If you or a loved one has been subjected to nursing home abuse, our legal team has the knowledge and resources to fight for your rights. Our first priority is to make sure that you are receiving appropriate medical care to avoid potential complications. Our experienced personal injury attorneys will also conduct a thorough investigation to identify the responsible parties and hold them accountable.
Under the California Penal Code, nursing home abuse can lead to misdemeanor or felony charges. Additionally, California’s Elder Abuse Law allows victims of elder abuse to file a lawsuit against a nursing home to recover damages such as past and future medical expenses, pain and suffering and attorneys’ fees.
Contact Our Experienced California Nursing Home Abuse Lawyers
While most nursing homes provide quality care to their residents, elder abuse is becoming a growing problem. J&Y is committed to holding negligent nursing home corporations accountable. While no amount of money can heal the pain and suffering that elder abuse victims endure, it can provide a measure of justice and the needed resources to obtain proper medical care.
At J&Y, we believe that the most vulnerable members of our society deserve to be treated with dignity and respect. Above all, we will provide you and your family with compassionate representation when you need it most. Please contact our office today for a free evaluation of your case.