Long Beach Elder Neglect


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Bakersfield Elder Neglect Lawyers

Strong advocacy from Bakersfield elder neglect attorneys for seniors in California

The majority of injuries sustained by seniors are preventable. Every caregiver is mandated by federal law, California laws, and best practices to adhere to fundamental care standards to safeguard seniors from harm. Given that your loved one may already be residing in a nursing home, long-term care facility, or receiving at-home care due to the natural aging process, caregivers are entrusted with the responsibility of taking every reasonable precaution to prevent the unnecessary deterioration of your loved one's condition. At Garcia & Artigliere, our elder neglect lawyers in Bakersfield boast a collective experience of 150 years, and we serve elderly individuals throughout California and across the nation. In the year 2022 alone, our efforts led to recoveries exceeding $50 million.


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How are Bakersfield caretakers neglectful?

At Garcia & Artigliere, our Bakersfield elder neglect attorneys know the profound impact that even minor neglect can have, leading to significant harm, while major neglect may result in permanent injuries or fatalities. As a result, since 1993, we have been dedicated to holding nursing homes, at-home senior health agencies, and other caretakers accountable for compensation when their negligent actions cause harm. We diligently oblige caretakers to adhere to federal and California laws and will not tolerate a caretaker’s failure to take reasonable steps to ensure the safety of your loved one.

Some common instances of caretaker neglect include:

  • Failure to provide a senior's daily living requirements. Caretakers must regularly assess seniors’ overall health and comfort by ensuring that they have quality nutrition, clothing, shelter, medical care, social engagement, and are well-groomed.
  • Not attempting to prevent falls, especially for seniors with balance difficulties. Caretakers must maintain clear floors, provide railings, and eliminate fall risks. Seniors using wheelchairs, walkers, or canes should receive assistance to prevent falls that can lead to severe injuries, including head trauma, spinal cord damage, broken bones, and fatal outcomes.
  • Inadequate provision of medical care. Caretakers must ensure that seniors receive prescribed medications in the correct amounts and at scheduled times. They should record medication administration, promptly address any adverse reactions, receive training to recognize and respond to signs of infection, stroke, pressure ulcers, or scabies, and make immediate contact with physicians and family during emergencies.

Elder care neglect in Bakersfield also involves failing to prevent:

  • Physical abuse. Physical and chemical restraints should only be used under medical authorization. Anticipating and addressing medical problems beforehand can prevent bedsores, fractures, and other physical harm.
  • Sexual abuse. Long-term care facilities and caretakers must understand potential risks, implement preventive policies, respond promptly to incidents, and recognize signs of sexual abuse.
  • Emotional neglect. Assisted living facilities and caretakers must ensure seniors maintain communication with loved ones, engage in social activities, and do not experience fear or guilt.

Why does neglect of the elderly occur in Bakersfield?

At Garcia & Artigliere, our Bakersfield elder neglect attorneys collaborate with elder care physicians, nursing home professionals, and other experts to prove that preventable neglect by caretakers caused harm to your loved one. The elements of a neglect claim require proving that the caretaker had a duty of care towards your loved one, breached that duty, and as a result, your loved one suffered harm. It is not necessary to prove that the harm was intentional.

Caretakers failing to implement the following may be held liable for neglect:

  • Individual care plans: Caretakers should assess the physical, emotional, and cognitive challenges of each person under their care to determine specific courses of action and treatment to effectively manage these challenges. This includes preventive steps, medical treatments, communication protocols with family members, contact information for the physician, and other relevant details.
  • Overall best practices care plan: Long-term care facilities and caretaker providers must have policies and procedures in place to anticipate, monitor, and respond to common problems that seniors face, such as fall prevention, proper medication administration, pressure ulcers, nutrition, and ensuring the understanding and respect of seniors' rights.
  • Adequate staffing levels: Nursing homes, assisted living facilities, and other caretakers in Bakersfield should ensure they have sufficient qualified staff members for each senior to provide necessary care, warmth, and attention throughout the entire day.
  • Background checks: Caretakers must verify that individuals hired to care for elderly residents possess proper credentials, licenses, training, and experience. Awareness of any red flags, such as a prior criminal record or disciplinary actions, is crucial.
  • Education of caretaker staff members: Staff members, whether in nursing homes, seniors' homes, or other locations, should receive training to assist seniors with their physical, cognitive, and emotional challenges. Specialized education and training are essential for helping seniors with conditions like dementia or Alzheimer's.
  • Systems for monitoring and reporting abuse: Caretakers must have processes in place to monitor and report any instances of physical, sexual, or emotional abuse to ensure the safety and well-being of seniors.

How do your lawyers fight for neglected seniors in Bakersfield?

Garcia & Artigliere encourage prompt consultation with our experienced Bakersfield elder care neglect lawyers. Unless a complaint is made, the neglect is likely to persist, and there may be other seniors experiencing similar neglect. Our elder neglect attorneys in Bakersfield will outline your loved one's options and assist you in selecting the best course of action.

Here are some of the ways our legal team will advocate for your loved one:

  • Coordinate your loved one's case with any criminal charges.
  • Collaborate with the local adult protective service agency and the Kern County Long Term Care Ombudsman Program in Bakersfield if the senior resides in a long-term care facility.
  • Assess your loved one's required medical care and comprehensively examine the ways neglect has significantly impacted their physical and emotional well-being.
  • File personal injury claims to hold the caretaker accountable for your loved one's medical expenses, pain and suffering, loss of bodily function, and diminished quality of life.
  • Initiate wrongful death actions to address burial and funeral costs, financial losses like the loss of inheritance, and the absence of personal guidance and love that your parent or relative would have provided to each family member.

Your loved one's claim protects all seniors under the care of the assisted living facility or other caretaker in Bakersfield.

Do you have a Bakersfield elder neglect lawyer near me?

Garcia & Artigliere handles elder neglect claims across California. Our lawyers fight for seniors who suffer due to the neglect of their caretakers. We’ll explain how the claims process works, work with the senior’s doctors (and our network of doctors) to show how harmful the neglect is, and fight for maximum compensation for your loved one.

The Bakersfield elder neglect lawyers at Garcia & Artigliere are ready to help your loved one now

At Garcia & Artigliere, our Bakersfield elder abuse lawyers have the respect of former clients, insurance companies, and the legal community because of our compassion for clients, thorough preparation, strong advocacy, and extensive network of experienced medical and caretaker professionals. To schedule a free, confidential consultation with one of our experienced Bakersfield elder neglect lawyers, call or contact our offices in Long Beach and Los Angeles. We proudly serve clients throughout California.

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