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Glendale Elder Neglect Lawyers
Glendale elder neglect attorneys advocating for seniors in California
When you hire a caretaker, they have a duty to your loved one. They are held to specific standards of care and must protect your senior from harm. They must adhere to caretaker best practices and federal and California laws. When caretakers neglect their duties, seniors can suffer preventable injuries. The need for a caretaker often arises when a person’s body becomes frail and they are no longer able to accomplish tasks. The role of a caretaker is to help the senior and create an environment where the condition does not get worse. At Garcia & Artigliere, our Glendale elder abuse attorneys have over 150 years of combined experience representing seniors suffering from caretaker neglect across California. Call us today to assert your rights.
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How can our Glendale elder neglect attorneys help?
How are caretakers neglectful in Glendale?
Nursing homes should be safe spaces for seniors. However, when the staff is neglectful and does not provide the highest level of care, services, and treatment, it creates an unsafe environment. The same goes for in-home caregivers. Sadly, thousands of patients suffer injuries and death from neglect from caregivers. Neglect comes in many forms and can be challenging to identify. Common examples of neglect include:
- Medical neglect: If caregivers fail to properly administer medication to patients, it can lead to an overdose, worsening condition, and even death. Other examples of medical neglect include:
- Inadequate diabetic care
- Failure to diagnose
- Failure to treat conditions
- Medication errors
- Infections
- Bedsores
- Inadequate supervision: Some patients have conditions that can make them a danger to themselves – they could begin to self-harm or become suicidal. There should be adequate supervision for all residents and if a patient is in danger, there should be additional supervision. If there is inadequate supervision, this can result in injury or death.
- Unfit or ill-trained staff: Caretakers should have the training and skills to handle all patient needs. Nursing homes and agencies must check the qualifications of caretakers upon hiring them. If staff members are unfit, they can make costly mistakes when treating patients. Facility management oversees hiring and training, and if their staff is unfit, then they are acting negligently.
- Not maintaining health and safety policies: All medical and care facilities must adhere to strict state and federal laws for health and safety. If they neglect these duties, residents can injure themselves, become gravely ill, and pass away.
- Neglect of basic needs: Failing to provide food or water can result in patients suffering from dehydration or malnutrition. Caretakers can also be neglectful if they do not offer mobility assistance, hygienic care, toileting assistance, or a safe and clean environment. These forms of neglect are most common among in-home care facilities.
- Abuse: Neglect can also constitute abuse. The signs of abuse can overlap with the signs of neglect. Sometimes, neglect is the result of laziness or entitlement. Aside from being neglectful, caretakers can also be emotionally, physically, financially, and sexually abusive.
Try speaking to your loved one privately to address your concerns. If your loved one experiences any of these forms of neglect, you should talk to our Glendale elder neglect attorney. Our team collaborates with experts to craft a strong case and get you the justice you deserve. Caretakers and nursing homes should not get away with abuse or neglect.
How does elder neglect happen to Glendale seniors?
There are regulations rehabilitation centers, long-term care facilities, and mental health centers must follow because these facilities care for and house seniors in a fragile psychological or physical state. Identifying the cause of the neglect is the first step in taking legal action. Seniors with mental or physical limitations can find it difficult to tell others they are suffering from neglect. Dementia and Alzheimer’s patients are extremely vulnerable since they can have trouble remembering what has occurred.
It can be up to you to identify potential neglect or abuse in your loved one. Some of the signs to look for include:
- Poor hygiene
- Broken bones
- Unexplained injuries
- Unsanitary living conditions
- Bedsore and infections
- Drugged and dazed behavior
- Abnormal drowsiness or sleepiness
- Sudden attitude or behavior changes
These and other signs can be indicative of neglect or abuse. If you witness these signs of neglect, you should contact Garcia & Artigliere. You can also contact local law enforcement and adult protective services if your senior is in imminent danger. Our Glendale elder neglect attorney will file a claim to compensate you for the medical expenses and the pain and suffering your loved one has experienced.
How do Glendale elder neglect attorneys fight for seniors?
Caretakers should always be considerate, empathetic, and gentle when treating patients. They cannot ignore how fragile patients are and should be held accountable when they fail in their duties. Facilities are tasked with providing care for all patients. While understaffing is a possible cause of neglect, it is still inexcusable. Several pieces of legislation discussed how facilities should operate and treat patients, including:
- Affordable Care Act
- Children’s Health Act
- Comprehensive Addiction and Recovery Act
- Americans with Disabilities Act
- Protection and Advocacy for Mentally Ill Individuals Act of 1986
One issue is that many of these acts are based on reasonableness, a vague definition of what is and is not acceptable. While we consider injury and death unreasonable, these facilities can argue otherwise. Caretakers should protect residents and follow all laws relevant to their state. If they fail, you must speak to our Glendale neglect attorneys.
Garcia & Artigliere have the skills and experience to hold negligent caretakers and nursing home facilities responsible for their neglect. There are about five million cases of elder abuse annually. Unfortunately, many cases are not reported, and this number is likely much higher. Often, neglect goes unreported because patients feel:
- Shame
- Fear
- Embarrassment
- A lack of awareness that anything wrong is happening
Once you become aware of the neglect, move your loved one to a safer place, call 911 if they are in immediate danger, and report the facility to a local adult protective services agency. You should also discuss the situation with a Glendale elder neglect attorney at Garcia & Artigliere. When reviewing your case, we will look at ways to hold the nursing home liable for damages such as:
- Poor staff training
- Medication errors
- Understaffing
- Hiring mistakes such as hiring untrained or unqualified individuals
- Third-party abuse
- Violations of the Nursing Home Reform Act like the right to respect, dignity, privacy, and freedom
Going up against caregivers from these facilities can be daunting, but we will handle the entire process for you. They should be held responsible if they are neglectful and fall short of their duties. They may make you feel like you are in the wrong, but you are not. They had a duty, and they neglected their duty and hurt your loved one.
Do you have a Glendale elder neglect attorney near me?
Neglect cases can be contentious and complicated, and you should have legal assistance to maximize your potential compensation. Our Glendale neglect attorneys understand what it takes to prevail in these cases. We will utilize our resources, explain how the process works, reach out to the network of doctors to get medical documents, and use all this evidence to show how neglect has changed your loved one’s life.
Call a Glendale elder neglect attorney at Garcia & Artigliere today
Schedule a confidential consultation with a Glendale neglect attorney by calling our office or submitting our contact form. Garcia & Artigliere has Los Angeles and Long Beach offices serving clients all over California.
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