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California Nursing Home Abuse & Neglect Attorneys
California nursing home negligence attorneys providing tough representation for the elderly since 1993
Seniors and families have the right to expect that nursing homes will provide quality care based on their years of experience and the many standard policies and procedures that nursing homes in California and nationwide are required to follow. When nursing homes cut corners, put their profit before the safety and health of their residents, or fail to engage and help each resident live their lives to the fullest; you need experienced California nursing home lawyers on your side. At Garcia & Artigliere, we have more than 150 years of combined experience fighting for the elderly. Our lawyers have obtained more than three billion dollars in personal injury and wrongful death damages for our clients.
Don’t wait to get an award-winning legal team on your side. Call or contact Garcia & Artigliere today if you or your loved one was the victim of nursing home abuse or neglect. We are ready to fight for you. The consultation is free and confidential.
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How can our California nursing home abuse and neglect lawyers help?
- What conduct qualifies as nursing home abuse or neglect in California?
- What factors indicate nursing home abuse or neglect in California?
- What rights do California nursing home residents have?
- Who is responsible for abuse and neglect in a California nursing home?
- How can I help a loved one who is being abused or neglected in a California nursing home?
- Do you have a California nursing home abuse attorney near me?
What conduct qualifies as nursing home abuse or neglect in California?
There are five different classifications of nursing home abuse, according to the prestigious Cleveland Clinic and The Administration for Community Living (ACL), which is home to the Office of Long-Term Care Ombudsman Programs. Our California nursing home abuse and neglect lawyers have the experience and skills to show which type of abuse occurred, who is responsible, and why your loved one deserves full compensation.
- Physical abuse. Physical abuse happens when a nursing home staff member or someone with access to the nursing home physically harms a resident in a way that causes pain and/or physical injuries. Examples of physical abuse include slapping, hitting, pushing, punching, or restraining a resident against their will.
- Emotional abuse. Psychological abuse happens when a nursing home staff member causes a resident to become fearful, anxious, embarrassed, or overwhelmed due to insults, verbal attacks, or the use of intimidating words or conduct. Victims often feel humiliated or scared. Isolating a resident from other residents or family can cause severe emotional harm.
- Sexual abuse. Sexual abuse occurs when a resident is forced to participate in or observe sexual activities or conduct without the consent of the victim. The abuser can be someone who works for the nursing home or someone the nursing home lets into the nursing home.
- Financial abuse. Financial abuse occurs when staff members of a nursing home steal money or personal belongings from someone, forge documents, use credit cards without a resident’s consent, or use a senior’s Social Security benefits. Financial abuse can also include pressuring a senior to change their will or assign a power of attorney against the normal wishes of the resident.
- Gross neglect is intentionally failing to fulfill a resident’s basic physical, emotional, or social needs. Examples include failing to provide a resident with proper nutrition, medications, shelter, grooming, and contact with family and other residents. Generally, gross neglect is intentional, while other types of nursing home neglect are unreasonable. Another form of neglect is self-neglect. Nursing homes should use extra care to ensure residents who are physically or mentally challenged receive the care they need and don’t hurt themselves.
Another type of abuse/neglect is abandonment. Abandonment means intentionally leaving a resident who needs care to fend for themselves.
Sadly, many nursing home residents suffer one or more types of abuse during their nursing home stay.
Nursing homes in California may be liable for nursing home abuse or neglect if anyone who works for or manages a nursing home, anyone who is permitted to access the nursing home, or another resident engages in these types of behavior.
At Garcia & Artigliere, our California nursing home abuse and neglect lawyers file personal injury claims and wrongful death claims if a loved one is injured or dies due to the failures of their nursing home.
Medication mistakes and negligence in nursing homes
According to the US National Institute for Health, as of May 2023, there are nearly 6,800 prescription medications and countless over-the-counter medications available. In addition to the inherent dangers of each drug, drugs may be dangerous due to interactions with other drugs. Yearly, in America, 7,000 to 9,000 people die due to medication mistakes. Hundreds of thousands of patients experience health problems due to medications but don’t report these problems
The dangers of medication mistakes and negligence are magnified at nursing homes because seniors and residents who need assisted help need many more medications than younger people.
The NIH states that, according to the National Coordinating Council for Medication Error Reporting and Prevention, a medication error is:
…any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.
Medication mistakes include:
- Giving a resident the wrong medicine or the wrong dosage
- An improper mix of medications
- Misreading the medical script
- Prescribing the incorrect medication
- Not considering possible side effects and adverse reactions
- Failing to consider whether a resident is allergic to any drugs
- Failing to properly record which medications were given
At Garcia & Artigliere, our California nursing home abuse and neglect lawyers are skilled at showing that your nursing home had a duty to provide medications and monitor their effects, and failed to do so according to federal, state, and nursing home guidelines. Medication mistakes can cause severe injuries and death. The failure to follow proper procedures that cause a resident harm is negligence. Tragically, some nursing homes even intentionally withhold medications or give residents medications they shouldn’t take.
Nursing home negligence that can cause medication mistakes includes the following failures:
- A misdiagnosis or a failure to diagnosis
- Not recognizing the signs and symptoms of medical disorders common to nursing home residents
- Delaying care or proving the wrong type of treatment
- Being understaffed or overworked
- No having individualized healthcare plans for each patient
According to the National Council on Aging, “approximately one in 10 Americans aged 60+ have experienced some form of elder abuse. Some estimates range as high as five million elders who are abused each year. One study estimated that only one in 24 cases of abuse are reported to authorities.”
Delayed or denied treatment for stroke
Nursing homes need to recognize the symptoms of stroke because many residents, especially seniors, have a high risk of stroke. The Centers for Disease Control and Prevention (CDC) reports that in 2021, nearly 17 percent of heart disease is due to stroke and nearly 800,000 people have strokes yearly. Nearly 200,000 people die yearly from strokes.
The tragic reality is that early intervention can help prevent serious injuries and deaths from strokes. The most common type of stroke, ischemic stroke (which blocks blood from getting to the brain), can be treated with tissue plasminogen activator (tPA) if the tPA is administered within three hours of the stroke.
At Garcia & Artigliere, our nursing home abuse and neglect lawyers are ready to help you hold nursing homes and medical providers accountable for delays or mistreatment of stroke.
What factors indicate nursing home abuse or neglect in California?
Family, friends, and all staff members should regularly look for signs of nursing home abuse and neglect in California nursing homes. The signs may be physical, emotional, or cognitive. Common signs include:
- Bedsores and pressure ulcers
- Dehydration and malnutrition
- Broken bones, bruises, cuts, and lacerations
- Bowel and bladder difficulties
- Sleep difficulties
- Poor hygiene
- Unexplained fear of other residents or staff members
- Infections that aren’t treated
- Withdrawal from activities, family, friends, and other residents
- The failure of medications to manage a resident’s health disorders
- Physical and sexual abuse by other residents
- Residents who wander off or elope from the premises
- Other signs of nursing home neglect
- The wrongful death of a resident
Caretakers, family, and friends should be especially vigilant if a senior has any type of cognitive disorder such as dementia or Alzheimer’s.
What rights do California nursing home residents have?
Nursing home residents have specific rights. These rights are included in:
- The Nursing Home Reform Act of 1987.
- The rules of Medicare and Medicaid apply to any facility that bills those agencies for their services. These rules require that nursing homes provide certain services and provide certain rights.
- Rights provided by California laws and agencies.
Some of the rights include the right to privacy, making decisions about one’s own healthcare, freedom from physical restraints, free communication, and the right to file complaints.
At Garcia & Artigliere, our California nursing home abuse and neglect lawyers represent nursing home residents whose rights are violated. The odds are if your or your loved one’s rights are being violated, the rights of other residents are being violated too.
Who is responsible for abuse and neglect in a California nursing home?
Seniors and other residents of California nursing homes should enjoy their remaining years in the best physical and emotional health possible. At Garcia & Artigliere, our California elder abuse lawyers understand what steps and procedures nursing homes should take to protect their residents and why they should be held accountable for any harm they should have prevented.
We file claims against all responsible parties when nursing home abuse or neglect occurs, including:
- The nursing home
- The owners and managers of the nursing home
- Nursing home administers
- The staff
- Medical providers
- Anyone else who failed their duty of care to a resident
We file personal injury actions and wrongful death actions. We demand full compensation for each resident’s medical bills, pain and suffering, and loss of quality of life. We seek wrongful death damages for the burial and funeral costs, loss of financial support (such as inheritances) your loved one couldn’t provide, and the loss of comfort and love your loved one would have provided.
How can I help a loved one who is being abused or neglected in a California nursing home?
Some of the steps our California nursing home abuse and neglect lawyers recommend you take if you suspect abuse are:
- Acting as quickly as possible – starting with contacting our experienced trial lawyers. We’ve helped our clients obtain billions of dollars in recoveries.
- Take pictures and videos of the nursing home, the rooms, and your loved one.
- Contact the California Long-Term Care Ombudsman.
Do you have a California nursing home abuse and neglect attorney near me?
Garcia & Artigliere represents victims of nursing home abuse and neglect throughout California. We maintain offices in Long Beach and Los Angeles. Our lawyers obtained $50 million in settlements and verdicts for our clients in 2022 alone. More than $3 billion overall. Our seasoned trial lawyers are ready to fight for you, your loved one, and your family today.
Contact the California nursing home abuse and neglect lawyers at Garcia & Artigliere now
Nursing homes know the rules they’re supposed to follow. Yet too many nursing homes repeatedly fail to protect their residents. At Garcia & Artigliere, our California nursing home and abuse lawyers are recognized nationwide for our record of success in cases of physical abuse, sexual abuse, nursing home neglect, and other types of abuse and incompetence.
To schedule a free, confidential consultation, call or contact our offices now. Proudly serving California, including Long Beach and Los Angeles. We also represent clients in New Orleans, Phoenix, and Louisville. We only receive compensation if you do.
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