Salinas Nursing Home Abuse Lawyers

What Is Nursing Home Abuse? 

Nursing home abuse is an intentional, deliberate act that causes serious harm to an elderly victim. Perpetrators of elder abuse can include spouses or other family members as well as caretakers in nursing homes, assisted living, and other facilities. Elder abuse in nursing homes may come in many forms, including: 

• Physical abuse. Physical abuse of an older adult is physical contact with the intent to inflict pain or injury, or to intimidate. 
• Emotional abuse. Emotional abuse inflicts fear through verbal assaults, harassment, intimidation, and the threat of physical force.
• Sexual abuse. Sexual abuse includes non-consensual acts, including fondling, touching, or intercourse. 
• Financial abuse. A caretaker may attempt to influence an older adult’s financial decisions for the caretaker’s benefit. An abuser may accomplish this through manipulation or coercion. 

By contrast, while neglect is a type of abuse, it’s usually characterized by a lack of action or failure to fulfill caretaking obligations. As a result, nursing home neglect may be harder to spot because the signs may be more subtle. Nursing home neglect may occur when a nursing home is understaffed or a caretaker is overwhelmed by their responsibilities. Neglect occurs when an older adult is not provided with basic necessities, including food, clothing, water, hygiene, medical care, and shelter. 

What Are Signs of Nursing Home Abuse? 

Recognizing the signs of nursing home abuse can be difficult. You may feel as if you are being overprotective or overreacting about an event you witnessed. However, nursing home abuse can take many forms, and you should never dismiss your intuition. Some signs to look for may include:

• Dehydration or unexplained weight loss of a loved one; 
• Injuries occurring for no reason, such as bruising, cuts, or sores; 
• A recurrence or rise in the incidence of bed sores; 
• Unsanitary living conditions or lack of hygiene; 
• Medical care and assistance not being provided; 
• Increased fear and anxiety in your loved one; 
• Unusual changes in behavior; and 
• Withdrawal from normal social activities at the nursing home.

You know your loved one better than anyone. Document the unusual occurrences you are witnessing and keep a record. This information helps Salinas nursing home abuse lawyers uncover factual evidence of elder abuse. 

Additionally, keep track of your loved one’s finances. The elderly are a particularly vulnerable group. Unfortunately, many see this as an opportunity to take advantage and manipulate a senior citizen’s finances. Examples of financial abuse may include fraudulent signatures on documents, unpaid bills, and sudden changes in spending patterns. A nursing home neglect lawyer can investigate the situation to determine what may be happening. Your attorney will look at the whole picture and provide you with the best course of action moving forward. 

What Are the Damages in Nursing Home Abuse Cases? 

If you suspect nursing home abuse, your attorney can assist you in reporting the abuse to the necessary departments, such as the California Department of Aging. You may also want assistance filing a police report detailing the abuse or neglect. Filing a report creates a record that might be helpful in a potential lawsuit. Families filing nursing home abuse and neglect cases often recover compensatory damages from the liable party. California Civil Code Section 3333.2(a) provides that recoverable damages for injuries caused by health care providers include both economic and noneconomic damages. 

Economic damages represent tangible losses related to the abuse and include the following:

• Medical bills, 
• Hospital expenses, 
• Long-term or short-term care required after the abuse, and
• Attorney fees. 

Noneconomic damages compensate for the psychological and emotional impact of nursing home abuse and include:

• Pain and suffering, 
• Physical impairment, 
• Emotional distress, and
• Disfigurement.

Punitive damages may be available for particularly reckless or willful nursing home abuse. Punitive damages serve to punish the defendant for their conduct and act to deter similar, future behavior by others. To prove punitive damages, your nursing home neglect attorney must establish the defendant is guilty of oppression, fraud, or malice with clear and convincing evidence. If established, California law provides no set limit on the amount of the award. For this reason, punitive damages may be the most significant recovery source for an injured victim. 

However, without a nursing home neglect lawyer, you may not be able to recover all the damages that you and your family deserve. 

Contact Us 

At Silva Injury Law, we treat our clients like family. When you trust a nursing home to care for your mother, father, or any other adored family member, you deserve the peace of mind that they are being provided the best care. Unfortunately, this doesn’t always happen. 

You may be overwhelmed by the prospect that someone could abuse or neglect your loved one. We know how you feel. The attorneys at Silva Injury Law are with you every step of the way. We look out for your best interest with a commitment to achieving the best result for you and your loved one. Silva Injury Law provides free in-person or remote consultations to analyze the facts of your case. Contact us today to find out how our attorneys can help you.

Our experienced legal team handles other types of injury cases as well, including:

• Car Accidents
• Truck Accidents
• Dog Bites
• Slip and Falls
• Wrongful Death
• Pedestrian Accidents
• Bicycle Accidents
• Sexual Assault
• Motorcycle Accidents
• Drunk Driving Accidents
• Distracted Driving Accidents