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Burbank Elder Abuse Attorney
Burbank elder abuse attorneys with over 150 combined years of experience fighting for seniors in California
Elder abuse is inexcusable, and the people who participate in these actions are despicable. Yet, elder abuse is common in nursing homes and by in-home caregivers throughout Burbank. The abuse can be physical, financial, or sexual. These parties can be held accountable for their actions by facing criminal charges and civil consequences. Seniors can also receive financial compensation for the abuse and losses they suffer. It is imperative that you work with a Burbank elder abuse attorney who is well-versed in helping clients navigate the legal process. Garcia & Artigliere is here to help you and your loved one - call us today to schedule a consultation.
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How can our Burbank elder abuse attorneys help?
What is elder abuse?
Annually, there are about six million elder abuse cases nationwide. There are many nursing homes in Burbank where this abuse can occur, but it is impossible to know how much elder abuse is actually taking place throughout California. California Welfare and Institutions Code section 15600 protects seniors and dependent adults in cases of abuse or neglect.
The main types of elder abuse in Burbank fit into the following categories:
- Physical: Any pain or injury inflicted on an elderly person. It can involve hitting, biting, restraint, and more.
- Neglect: When caregivers ignore residents, e.g., do not assist them with clothing, personal hygiene, fail to feed them, ignore other needs, or leave them in unsafe conditions.
- Sexual: Any touching, fondling, or intercourse that happens without consent or through threats and coercion. Sexual abuse can also involve showing or taking nude photos.
- Emotional: Intimidation, harassment, threats of abuse, degradation, and other forms of verbal abuse.
If you suspect your loved one has experienced any of the aforementioned abuse or neglect, you should take immediate action, assess the situation, and move your loved one to safety. If there is an immediate threat, call 911 to intervene and speak to a Burbank elder abuse attorney.
When should I suspect that a senior I love is being abused in Burbank?
Elder abuse comes in many forms. Relatives of the senior often bring forward cases. Elderly residents can bring claims, but often feel hopeless and do not act. Sometimes, trusted individuals abuse seniors at home. It is vital for family and visitors to look for the signs of elder abuse, such as:
- Increase in treatment for new injuries
- Bruises on wrists and ankles
- Complaints about a caregiver, whether in their home or at a nursing home
- Losing or gaining weight rapidly for no apparent reason
- Your loved one left the premises without anyone realizing it
- Staying isolated from others and interacting as little as possible with people
- An increase in medications or taking medication that doesn't treat any of their injuries
- Other residents look malnourished or injured
- Overcharging for services and amenities by the facilities
Some of these may look like mistakes or singular incidents. However, they could signify something nefarious happening in the facility. In-home caregivers can also abuse elderly individuals. If possible, install and periodically review surveillance cameras. When you suspect elder abuse, speak to the Burbank elder abuse attorneys from Garcia & Artigliere.
How can I help a loved one assert their rights if elder abuse is occurring in Burbank?
Loved ones can help their seniors by identifying the abuse. This is often the most challenging part. There is shame, guilt, and embarrassment surrounding abuse, which often prevents seniors from reporting it. While reports of abuse are high, the incidents are likely much higher since they go unreported. Other times, seniors do not realize they are being abused. Some ways you can protect them and ensure their rights are not infringed upon is by:
- Watching for the warning signs discussed in the previous section.
- Regularly visiting and checking on your loved one on the phone or through video chat t
- Looking over bank accounts and credit card statements for suspicious transactions. Often, when a nursing home takes custody of the elderly, they are also in charge of their finances. If a caregiver struggles financially, they may use this opportunity to steal from the senior. It can go undetected if no one else checks these accounts.
- Keep a good relationship with the senior so they are comfortable confiding in you if something happens.
- If you suspect elder abuse in Burbank, report it to a senior manager. If they are unresponsive or do not act, contact Adult Protective Services.
Laws are in place to protect seniors. If your loved one is in a nursing home or under the care of an in-home caretaker, they have some inherent rights. should be explained to them before they enter care. Some of these rights include:
- Not to be restrained
- Respect at all times
- Privacy when needed
- Not to be discriminated against
- Manage their own money
- Complain about any issues that arise
- Receive adequate medical care
- Proper living arrangements
- Spend time with visitors
- Have a representative involved and informed of all care decisions
- Ability to take part in activities and socialize
The Nursing Home Reform Act (NHRA) of 1987 created this Bill of Rights that applies to every resident in any extended care facility or nursing home. Regardless of the type of facility your loved one resides in, these rights cannot be compromised. If they are, you need to seek assistance from Garcia & Artigliere.
How do your attorneys fight for abused seniors in Burbank?
Garcia & Artigliere will review your case and find the best strategy to fight for justice. We will first determine who is liable for the abuse or neglectful action–an individual, an agency, a supervisor, or a nursing home. Many cases are due to medication errors, understaffing, poor training, negligent hiring practices, and a general breach of rules and regulations. Nursing homes can be vicariously liable for those in their employ.
Nursing home abuse and neglect extends to other staff besides caregivers. Often, nursing homes need support staff like security and maintenance to keep the facility running. However, if these parties are negligent, it can lead to severe consequences for the elderly residents. In these cases, the nursing home is liable for negligence in allowing these persons into the facility.
Once we determine liability, we will determine how much your case is worth and gather evidence. Our attorneys will pursue compensation for:
- Physical pain and suffering
- Loss of enjoyment of life
- Mental health treatment
- Medical treatment for injuries
- Reimbursement for lost or stolen property
Other damages could be available depending on individual factors. Garcia & Artigliere has decades of experience helping seniors throughout California. We know how neglectful nursing homes and caretakers can be and are here to help you get the justice you deserve.
Do you have a Burbank elder abuse attorney near me?
The Burbank elder abuse attorneys from Garcia & Artigliere have recovered a cumulative $3 billion for our clients and have held nursing homes and caretakers accountable for their actions since 1993. You can schedule a confidential consultation by calling our Long Beach or Los Angeles offices. We serve clients throughout California.
Speak with a Burbank elder abuse attorney today
Is your elderly loved one being abused at their nursing home? If so, it is time to put your trust in the compassionate and experienced team at Garcia & Artigliere. Call our Burbank elder abuse attorney or submit our contact form to schedule a free consultation today.
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