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Long Beach Attorneys Handling Nursing Home Abuse
Advocating for the elderly and vulnerable seniors in California for 30 years
If your loved one resides in a nursing home or assisted living facility, your number-one priority is their health and safety. Senior citizens are among our most vulnerable populations, and they must be treated with dignity. If their nursing home or facility fails in this duty, Garcia & Artigliere will step up for you to make things right.
We have been fighting for the elderly since 1993, with more than 150 years of combined experience behind every case. Don’t wait to get the help you need with an award-winning California legal team on your side – we’re ready to fight for you and your family, too. Every consultation is free and confidential.
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What is nursing home abuse?
The Nursing Home Reform Act of 1987 gives nursing home residents the right to receive quality care and live in an environment free of neglect, abuse, and misappropriation of funds. Per the National Consumer Voice, abuse “means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, corporal punishment, unreasonable seclusion, and intimidation.”
Examples of this include:
- “Physical abuse from a staff member or an intruder or visitor from outside the facility -- including hitting, pinching, shoving, force-feeding, scratching, slapping, and spitting;
- Psychological or emotional abuse -- including berating, ignoring, ridiculing, or cursing a resident, threats of punishment or deprivation;
- Sexual abuse – including improper touching or coercion to perform sexual acts;
- Substandard care which often results in one or more of the following conditions -- immobilization, incontinence, dehydration, pressure sores, and depression;
- Rough handling during caregiving, medicine administration, or moving a resident.”
Based on data published in the National Library of Medicine's StatPearls, approximately 7,000 to 9,000 individuals lose their lives each year in America due to medication errors, with countless others experiencing unreported adverse reactions or complications resulting from medication. These errors can occur when patients are administered incorrect medications, a combination of medications, or incorrect dosages. Various factors contribute to these medical inconsistencies, such as misinterpretation of medical scripts, incorrect prescriptions, allergic reactions to prescribed medications, and inaccurate documentation by the healthcare staff.
When entrusting the care of a loved one to a nursing home, it is reasonable to expect a high standard of care. Nursing home facilities are obligated to adhere to both state and federal guidelines. Negligence occurs when an elderly resident or dependent adult in a nursing home receives medical treatment that falls below this accepted standard of care, leading to serious injuries or even fatalities.
Here are some examples of medical negligence commonly observed in nursing homes:
- Failure to conduct a thorough examination, evaluation, or provide necessary treatment.
- Neglecting to administer tests that may be required for elderly individuals.
- Delays in providing essential treatment.
- Administering inappropriate or incorrect treatments.
- Neglecting to monitor or follow up on a patient's medical condition.
- Misdiagnosing a condition or experiencing delays in making an accurate diagnosis.
- Performing unnecessary surgical procedures.
- Prescribing medications that are unnecessary or incorrect.
Nursing homes in California must uphold the highest level of care and diligently avoid these instances of medical negligence to ensure the well-being and safety of their residents.
Delayed treatment for stroke
According to the Centers for Disease Control and Prevention (CDC), stroke accounted for 1 in 6 deaths from cardiovascular disease in 2021, with approximately 795,000 individuals experiencing strokes each year. Alarmingly, nearly a quarter of these individuals have previously had strokes.
Ischemic stroke, the most common type comprising 87% of all strokes, occurs when the flow of blood to the brain is blocked. Tissue plasminogen activator (tPA) is a medication that can dissolve blood clots, often referred to as a "busting" drug. When administered within three hours of the onset of a stroke, tPA can significantly improve outcomes, allowing victims to fully recover or experience less disability compared to those who do not receive the medication. Furthermore, the CDC highlights that patients treated with tPA are less likely to require long-term care in a nursing home.
Any delay in administering this critical treatment can have severe consequences for stroke victims. If you or your loved one have experienced mistreatment or delayed treatment following a stroke, Garcia & Artigliere can provide the necessary support to seek justice.
What are the common signs of nursing home abuse?
Recognizing the signs of nursing home abuse and neglect is crucial for ensuring the well-being and safety of elderly residents and loved ones. Following are some of the signs to watch out for.
- Physical signs: Unexplained bruises, cuts, burns, broken bones, bladder and/or bowel issues, or other injuries. Bedsores (pressure ulcers) may also indicate neglect.
- Emotional or behavioral changes: Sudden changes in behavior, withdrawal, depression, anxiety, fearfulness, or agitation. Residents may become unusually quiet or exhibit signs of trauma.
- Poor personal hygiene: Noticeable body odor, unwashed hair, dirty clothing, or neglected oral hygiene.
- Malnutrition or dehydration: Unexplained weight loss, signs of dehydration (dry mouth, cracked lips), or inadequate nutrition.
- Medication issues: Incorrect or missed dosages, overmedication, or undermedication.
- Lack of mobility assistance: Residents who require assistance with mobility are left unattended or improperly restrained.
- Unsafe living conditions: An unsafe environment can lead to falls or encourage wandering, but it can also lead to sexual abuse or resident-on-resident abuse.
- Social isolation: Restricting residents' access to visitors, limiting social interactions, or preventing communication.
- Staff behavior: Rude, disrespectful, or unprofessional conduct towards residents, as well as a high turnover rate among staff members.
If you suspect nursing home abuse or neglect, it is advisable to document any observations, speak to your loved one about their experiences if possible, and report your concerns to the appropriate authorities or agencies responsible for overseeing nursing home care. You should also consider consulting with our Long Beach nursing home abuse attorneys to find out your next steps.
What rights do California nursing home residents have under the law?
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.
If you believe your loved one’s rights are being violated, talk to the attorneys at Garcia & Artigliere immediately for guidance.
Do you have an attorney who handles nursing home abuse near me?
Garcia & Artigliere has offices at 180 E. Ocean Blvd., Suite 1100, Long Beach, CA 90802.
Compassionate nursing home abuse attorneys serving California
Are you seeking justice for nursing home abuse in Long Beach? Look no further. Our team of experienced attorneys specializes in advocating for the rights of elderly residents who have suffered from mistreatment in nursing homes.
At Garcia & Artigliere, we understand the urgency and sensitivity of these cases. We are dedicated to holding negligent parties accountable and ensuring that your loved ones receive the justice they deserve. Our attorneys have the knowledge, skill, and compassion to navigate the complexities of nursing home neglect and abuse claims. Call our offices or fill out our contact form today to schedule a consultation.
We only collect attorney fees if we win your case. Our nursing home abuse lawyers serve families throughout the U.S. from our other offices in Louisville, Los Angeles, Phoenix, and New Orleans. Our services are available in both English and Spanish.
Se habla español.
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