As parents and grandparents age, many people make the heartbreaking decision to put a loved one in a nursing home. After all, an elderly family member can require a significant time commitment, not to mention the costs associated with their care. Nursing homes present an alternative to moving a loved one into your own home or hiring full-time help to assist them.
Obviously, when you put your loved one in a nursing home, you expect the staff to satisfy their basic needs and treat them with respect. Unfortunately, this does not always occur. Nursing home neglect happens more frequently than most people want to think about. So if your loved one is suffering from neglect in a nursing home, what options do you have? Can you sue a nursing home for neglect in California? In certain situations, yes. If you have questions about suing a nursing home for neglect, contact Silva Injury Law today.
When Can I File a Nursing Home Neglect Lawsuit in California?
In California, seniors and dependent adults are protected by the Elder Abuse and Dependent Adult Civil Protection Act or EADACPA. This allows you to file a lawsuit if any of the following occur:
- Physical abuse,
- Emotional abuse, or
- Financial abuse.
If your loved one died from abuse sustained in a nursing home, you might be able to bring a wrongful death action against the nursing home.
Federal law grants nursing home residents additional rights, like the right to a dignified existence, the right to be free from abuse and neglect, the right to participate in social activities, and the right to privacy during treatments.
Types of Nursing Home Neglect
Senior citizens represent a vulnerable population. That means an act that might not qualify as neglect for a typical adult might qualify as neglect for someone in a nursing home. Some examples of nursing home neglect include:
- Lack of adequate supervision,
- Unsanitary rooms or common areas,
- Failure to keep up with a patient’s personal hygiene,
- Improper use of restraints,
- Use of isolation,
- Open and obvious dangers on the premises,
- Ignoring a resident’s needs,
- Emotional neglect,
- Physical or emotional abuse,
- Negligent hiring practices, or
- Lack of proper medical care.
Nursing home neglect can occur in a wide variety of ways. Whether an employee is physically abusing a resident or simply failing to provide their daily medications, both can constitute a form of neglect.
Signs of Nursing Home Neglect
In many cases, the signs of nursing home neglect are hidden beneath the surface. However, there are some things you can look out for, such as:
- Frequent and unexplained injuries,
- Severe mood swings,
- Drastic weight loss,
- Abnormal amounts of confusion,
- Defensiveness or fear towards staff members,
- Lack of hygiene,
- Lack of cleanliness, or
- Soiled bed sheets or clothing.
Any of these things can mean that neglect is taking place. Make sure you consult with a lawyer right away if you think a loved one is facing nursing home neglect.
What Kind of Damages Can You Recover for Nursing Home Neglect?
In a civil lawsuit, you recover compensatory damages. That means the damages are designed to compensate you for the harm that you suffered as a result of the nursing home neglect. Damages in a nursing home neglect case can include:
- Hospital bills,
- Rehabilitation costs,
- Additional long or short-term care,
- Psychological treatment,
- Emotional distress,
- Medical equipment, and
- Punitive damages.
A lawyer at Silva Injury Law can help you demonstrate the amount of financial compensation you deserve for the neglect that you or your loved one suffered.
Contact Silva Injury Law to Speak with an Experienced Attorney
If you or a loved one has suffered injuries due to nursing home neglect, you may be entitled to relief. And although the road to recovery can be long and complicated, it’s important to remember that you don’t have to navigate it alone. At Silva Injury Law, we pride ourselves on promoting healing through compassionate advocacy. When you hire our team, you will get much more than an attorney looking to earn a paycheck. Rather, you’ll get a team of knowledgeable, experienced, and caring professionals who will always have your best interests in mind. When you’re ready to discuss your case, we are here. Contact us for your free consultation and see how we can help you fight for your rights today.
FIND OUT HOW WE CAN HELP
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.