Nursing Home Abuse Lawyer in San Diego

Nursing home abuse is hard for most people to fathom, but it happens much too often. You trust a skilled-nursing facility to care for your loved one. Instead, a staff member, or the facility itself, willfully takes actions that bring harm to your vulnerable family member.

People who abuse older adults should and do face serious legal consequences. If your loved one suffered abuse in a nursing facility, you may have the right to sue in civil court. Our nursing home abuse lawyers in San Diego can help you take steps to hold the facility accountable. 

Our San Diego personal injury lawyers at J&Y Law have over 80 years of combined experience, advocating for the rights of victims in California. Contact us today to schedule a free consultation and tell us about your nursing home abuse case.

Why Pursue a Nursing Home Abuse Lawsuit?

When you suspect your loved one is a victim of nursing home abuse, the most important priority is ensuring their safety and protection. While filing a lawsuit for monetary compensation may not seem directly related to that goal, it can actually support it in several important ways.

A lawsuit—and any resulting financial award—can force the leadership of a nursing home to take notice. In many cases, these facilities are owned by larger corporations that may not be closely involved in daily operations. Allegations of abuse can bring attention to these issues and prompt meaningful action.

Our nursing home abuse attorneys in San Diego can investigate your allegations and assemble the evidence needed to build a strong case. Doing so not only helps protect your loved one but can also force changes that help prevent future abuse at the facility.

Who Can File a Nursing Home Lawsuit in California?

Anyone who suspects nursing home abuse can (and should) report it to the appropriate authorities. However, depending on the circumstances, only specific people can file a personal injury case for nursing home abuse in California:

• The victim, meaning the person suffering injuries due to abuse
• Their legal representative, such as a legal guardian, or a person holding Power of Attorney
• A close family member, in cases where the victim has dementia or other cognitive impairment
• A representative of the victim’s estate, in cases where the abuse has risen to the level of a wrongful death.

If you aren’t sure whether you can legally bring a nursing home abuse lawsuit on behalf of your loved one, reach out to us for a consultation. It’s free, so you have nothing to lose by telling us your story and asking questions. 

Damages in a Nursing Home Abuse Case

You or your loved one may be able to recover damages in a nursing home abuse lawsuit. While every case is different, and it is impossible to predict what a jury may decide, some of the damages you may be able to recover on behalf of your loved one include:

Economic Damages

Economic damages are costs and expenses that occurred because of the abuse, such as medical expenses, physical therapy, or the cost of moving your loved one to a new facility. You may also recover any monetary losses due to financial abuse. 

Non-Economic Damages

Non-economic damages address emotional and mental hardship, such as the pain and suffering or mental anguish often experienced by victims of elder abuse. While these issues do not have a monetary value, they are every bit as real. 

Punitive Damages

In California, a jury may award punitive damages in cases of malice, oppression, or fraud by the defendant. In a nursing home abuse case, one or more may be proven. Your attorney can advise you if punitive damages are appropriate.  

Wrongful Death

If your loved one passes away from injuries sustained in the abuse, you may have grounds for a wrongful death suit. You can recover damages for funeral and burial expenses, emotional suffering, and potentially loss of companionship. 

What Should You Do if You Suspect Nursing Home Abuse?

If you believe your loved one could be the victim of nursing home abuse, it is important to take action. It is understandable if you feel uncertain. Abusers are adept at hiding their crimes, and the nursing home itself may try to downplay abuse to avoid consequences. 

Contact the Police

In cases where you believe there is immediate danger to your loved one unless someone intervenes, it may be appropriate to call 911 or contact the police. Not only does this dispatch emergency personnel, but it also creates a record.

Speak With an Attorney

Before making any decisions, it is a good idea to speak with an attorney about your options. Our San Diego nursing home abuse lawyers can advise you on the best course of action. 

Document Evidence

It is helpful to create a detailed report with as much information as possible, outlining the abuse. Include things like photos or bank statements if possible, along with the names of the people you believe are involved. 

Contact the State Ombudsman

In California, skilled nursing facilities are licensed by the California Department of Public Health. Contacting the appropriate ombudsman to report elder abuse or neglect triggers a follow-up with the facility and review of your allegations, potentially putting their license in jeopardy.

Contact a Nursing Home Abuse Attorney in San Diego

You want to trust the nursing facility that cares for your loved one, but when you see signs of abuse, it is hard to ignore them. You might feel like you are making trouble when you aren’t sure, but it is important to speak up. It is better to be wrong than to be silent. 

Our nursing home abuse attorneys in San Diego can help you understand the law, the rights of nursing home residents, and your options. We’re prepared to fight to keep your loved one safe and to hold abusers accountable for their actions. 

At J&Y Law, we take pride in advocating for people who can’t always speak for themselves, such as older populations living in skilled-nursing facilities.

Contact us today if you suspect nursing home abuse and find out how we can help.