Experienced San Bernardino Personal Injury Attorneys
473 E Carnegie Dr. Suite 200-20040
San Bernardino, CA 92408
San Bernardino is located in the area sometimes referred to as the “Inland Empire,” the Riverside-San Bernardino metropolitan area of Southern California. Home to a number of natural wonders — the breathtaking San Bernardino National Forest, the Mojave Desert National Preserve, and Deep Creek Hot Springs, San Bernardino also houses the consulates of Guatemala and Mexico in its downtown area. As evidence of its versatility, the city is also famous for containing the Original McDonald’s Site and Museum, a popular tourist attraction. With all that San Bernardino has to offer to residents and tourists, like all cities, it has its share of problems. One of these problems — nursing home abuse — is, tragically, increasing as the U.S. population ages.
According to the California Department of Aging, San Bernardino County is one of the California regions in which the percentage of the elderly (over 60) population is growing at a remarkable rate. They predict a 200 percent increase in the aged population between 1990 and 2020. Clearly, the more older individuals there are, the higher the nursing home population is likely to be. Unfortunately, without major changes in protocol, this means nursing home abuse is also likely to increase, in San Bernardino as well as elsewhere.
If you have a loved one living in a nursing home whom you suspect is being neglected or abused, it is urgent that you step in to correct the situation. J&Y Law personal injury attorneys, with an office conveniently located at 473 East Carnegie Drive, Suite 200-20040, are prepared to fight vigorously for the rights of your family member and to win the full amount of compensation you deserve for any neglect or abuse that has taken place.
Why choose J&Y Law?
J&Y Law is an established personal injury law firm with offices throughout California. In spite of our extensive size, we have a well-deserved reputation for providing personalized care along with legal acumen. When your loved one has suffered, or is suffering, nursing home neglect or abuse, our skilled attorneys can step in to assist you in the painful process of confronting the situation and achieving just results. We have the resources not only to gather evidence and uncover the truth, but to present experts to testify on your side if becomes necessary to take your case to court.
While we are powerful litigators, we will always try to arrive at a settlement if at all possible. We have been successfully representing clients for many years, always with competence, compassion, and commitment. Our priority is always your satisfaction with the outcome of your case. We are dedicated to bringing our skill and knowledge of the law to bear as we fight to alleviate any suffering your family member is experiencing and to win you the highest possible compensation for your loved one’s pain, suffering and medical costs. As a full-service personal injury practice, our San Bernardino office handles, in addition to cases of nursing home negligence and abuse:
- Vehicular accidents (bicycle, bus, car, truck, boat, motorcycle, plane, train)
- Construction accidents
- Slip and fall accidents
- Dog bites
- Pedestrian accidents
- Sexual assaults
- Child abuse and neglect
- Wrongful Death
If you live in San Bernardino and have suffered any type of personal injury due to the negligence of another, J&Y Law is ready to help.
What constitutes nursing home negligence or abuse?
We can all agree that no one wants the elderly to be abused or neglected, but there is a significant legal difference between the two terms. Nursing home negligence is defined as a breach of duty that subjects the patient to substandard care. In most situations this occurs when a resident does not receive proper medical, physical, or emotional attention. Nursing home abuse, in contrast, is defined as harm administered with specific intent. Nonetheless, the line between the two is not always clearly drawn. When neglecting an elderly, dependent person, (like neglecting an infant) leads to a fall resulting in serious injuries or in life-threatening dehydration, whether harm was intended becomes a moot point, at least to the patient and his or her family.
Laws on California Nursing Home Abuse
Nursing home residents are entitled to the best care possible.There are very specific laws regulating nursing homes located in California. Each facility must be properly licensed, inspected, and certified. Even with such stringent oversight, however, nursing home neglect and abuse still occurs. If you feel your loved one is being harmed in a nursing care facility, you should promptly contact one of our knowledgeable J&Y Law attorneys who will intervene as part of your support system. According to California law, every nursing home resident is entitled to:
- Receive physical, mental, and medical assistance
- Receive care to keep his/her health from deteriorating (to the degree possible)
- Have his or her health maintained or improved through medical care and treatment
- Be offered all available therapies, but given the choice of which to accept
Title 22 of California law outlines further requirements, including provision of:
- Food service
- Personal care
- Supervision and observation
- Planned activities
- Safe, clean accommodations
- Proper medical and dental care
If these requirements aren’t being met at a nursing home in San Bernardino, or if you believe your loved one is being abused, it is time to seek legal counsel.
Signs of Possible Nursing Home Neglect and Abuse
Some aged patients may be dissatisfied with their care and complain, but some are past the point of being able to communicate clearly or have been intimidated by their caretakers. It is, therefore, important to be aware and observant when you visit to make sure everything is going well. You should check for dangerous conditions like slippery floors, dysfunctional toilets, sinks, or showers, dirty surfaces. Poor maintenance of the facility is frequently associated with patient neglect.
While the following physical and mental conditions may have other causes, you should question care if your family member has suddenly lost weight, has extremely dry skin or lips (symptoms of dehydration), is sitting or sleeping in an obviously uncomfortable position, is not clean, has bedsores, is not properly clothed, is too cold or too warm too much of the time, has unexplained injuries of any kind, or exhibits behavioral changes, such as extreme withdrawal, sleepiness, or increased irritability or anger.
Types of Abuse
Abuse of the elderly takes many forms, including:
- Physical abuse (slapping, pinching, pushing), unnecessary confinement
- Medication abuse in which prescribed pain-relievers are withheld with intent to punish or patients are over-medicated to keep them docile
- Emotional abuse, such as threats, bullying, disparaging comments
- Financial abuse, though this is more commonly a problem with intimates of the patient
- Sexual abuse during which patients are forced to engage in unwanted sexual contact
Tragically, the elderly, like small children, are vulnerable to abuse because they are physically weak. Also, because they are totally dependent on their caregivers, they are afraid of retaliation if they report bad treatment. If you suspect a resident of a nursing home in or around San Bernardino is being neglected or abused, don’t hesitate to contact our highly adept attorneys by filling out a contact form on our website or calling us at 909.389.6031.