Nursing Home Abuse Attorney

Nationwide, there are 1.3 million nursing homes. In California, there are over 100,000. One in 10 people in a nursing home have experienced some form of elder abuse. Only 1 in 14 have reported it. Elder abuse comes in many forms. It can be anything from physical assault to the failure to provide proper hygiene to keeping somebody secreted away from or prevented from seeing others. Under the law, elder abuse is defined as the failure of any person having the care or custody of an elderly, or dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. An elder person is someone who's over the age of 65. Dependent adults include developmentally disabled persons, and people dependent for their physical or mental needs on another. That's people who have limitations mentally or physically, including those with dementia, those who are in long-term acute care facilities, nursing homes, 24-hour healthcare facilities, and those are being treated in their own home by home support agencies. There are 1.3 million people living in nursing homes in the USA, with over 100,000 of them in California. There's many types of abuse. There's physical abuse, emotional abuse and neglect. Also, abandonment in some of the most horrific cases that we've seen, sexual assault. There's also financial elder abuse, where individuals obtain the confidence of elder people, access to their bank accounts, changes in their will for their benefit. Some of the signs that elder abuse is occurring include bruises, denial of health, and nutrition, and cleanliness, and hygiene. The failure to protect somebody from safety hazards, that includes falls, ulcers or bed sores. In some cases, elder abuse includes the restraint of elders, or dependent people, either through physical restraints, or chemical restraints such as medicines. Any caregiver has a mandatory responsibility to report any suspected elder abuse to Adult Protective Services, the police or fire department. Unfortunately, when we see the records in these facilities, we see people with ulcers that are deep through their body all the way to their bone. They indicate that they see nothing in a skin assessment. It is shameful. You need someone who understands the medical treatment, the medical care, the way in which they're supposed to document, and how they're supposed to treat these types of wounds. If you suspect abuse, you should report it. Report it to the charge nurse, report it to the administrative director, report it to the Department of Health & Human Services, Adult Protective Services, and your local police. The death of a victim of elder abuse does not terminate the right to bring legal action. The estate, the next of kin, can bring a claim against the facility or provider and seek both non-economic damages such as the pain, the humiliation, the emotional distress of their loved one, as well as the economic losses that are involved in providing more services, moving them to a better facility or bringing them home. One case I handled, there was a man who suffered severe bed sores. What he wanted to do was go home. We brought a lawsuit. We were able to get the fund to move him to his home where he lived with round-the-clock nurses for 3 years, and he died peacefully in his home. In addition to recovering economic and non-economic damages, in elder abuse cases, there are the possibility for what are called special fees and damages. That includes punitive damages and attorneys fees spent prosecuting the case. If someone you know has been injured as the result of elder abuse, or dependent abuse, reach out to us. We have handled dozens of these cases, and in many instances, we've been able to help someone restore their dignity, get better care, and live longer. Contact us at the Dolan Law Firm, dolanlawfirm.com.