Elder Abuse


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Riverside Elder Abuse Lawyer

Riverside elder abuse lawyers fighting for seniors in California

When you entrust a caregiver or nursing home with your loved one, you expect the highest standard of care. You trust these parties with a human being who likely needs medical assistance or depends entirely on others to accomplish daily tasks. You expect professionalism, and when these parties do not offer the proper care, it can lead to significant problems. Some long-term care facilities provide adequate care, but those that don't should be held liable. You can file a lawsuit against the negligent parties with the help of the Riverside elder abuse lawyers at Garcia & Artigliere. We have recovered $3 billion in total for our clients. Contact our offices today to speak to an elder abuse lawyer in Riverside.


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What is elder abuse?

As we age, we may require more assistance, which might t mean hiring an in-home caregiver or entering a nursing home. Many people believe that elder abuse can only happen in nursing homes, but in-home caregivers can also abuse seniors, and sometimes, family and friends abuse seniors. There are various forms of elder abuse, including:

  • Physical abuse often leaves victims with fractures, bruises, and more. Sometimes physical abuse happens at the hands of the staff, and other times by other residents. In both instances, a nursing home facility is liable. If it happens at home, the agency placing the caregiver could be the liable party.
  • Sexual abuse of the elderly occurs at nursing homes and residential facilities all over the country, but tracking it in California can be a challenge, because regulators don’t always label abuse as sexual in nature. We hold the perpetrators as well as the facility administrators accountable.
  • Mental and emotional abuse can cause anxiety, depression, and an overall decline in the person's emotional well-being.
  • Failure to act is also considered abuse. Nursing home residents have pre-existing conditions, and while they must have a care plan, sometimes they suffer an illness that complicates their condition and requires that they be transferred to a hospital. If the staff does not act quickly, implement emergency protocols, provide life-saving interventions (which applicable), or transfer the resident within a specific time, they could suffer other injuries or even die.

Mistreating a senior is a betrayal and violation of trust. It is also illegal. The consequences of these actions can be severe for the victim. Elderly mistreatment and neglect can lead to infections, dehydration, and malnutrition. Seniors can suffer injuries, disabilities, and psychological distress. In the worst cases, it can result in death. Garcia & Artigliere have seen countless cases of elder abuse, and we fight aggressively for our clients. Speak to our Riverside elder abuse lawyers for legal options.

When should I suspect that a senior I love is being abused in Riverside?

Staying vigilant is the best way to protect your elderly loved one. Knowing what to look for can be the key to addressing mistreatment and preventing further injuries. Your senior could suffer devastating consequences if nothing is done to stop the abuse. The following signs mean you should take immediate action to help your loved one:

  • Malnutrition or dehydration
  • Repeated injuries and bruises
  • Lack of social interaction
  • Bedsores
  • Sexually transmitted diseases
  • Changes in emotional state or behavior
  • Anxiety around specific staff or residents
  • Unclean living conditions and poor hygiene
  • Improper administration of medication
  • Missing personal belongings
  • Understaffed facilities
  • Inadequate supervision
  • Untreated and unexplained medical conditions, even though there is access to care

You should also inspect the facility when you can and observe how other residents are treated. If you notice another resident is being mistreated but your loved one looks fine, it could be intentional – sometimes caregivers will ensure that the resident looks cared for during scheduled visits. However, the moment you leave, they will revert to abuse. If possible, visit on random days and random times. If your loved one is being abused, report it to relevant agencies and call Garcia & Artigliere.

Nursing Home Neglect Lawyers

How can I help a loved one assert their rights if elder abuse is occurring in Riverside?

California has various laws and regulations regarding the expectations of caregivers and nursing homes. Facilities must comply with these laws and provide care to individuals. Often, these facilities take on more than they can handle. They are poorly managed, understaffed, and underfunded. Staff changes are common, and the administration you initially spoke to and felt comfortable with may not be the one that stays to care for your loved one long-term.

You need someone in your corner. If your loved one is in a long-term care facility, nursing home, or assisted living center, they are protected under the Nursing Home Bill of Rights, which outlines residents' rights and the standard responsibilities of the caretaker and staff. There are various agencies you can report elder abuse to, but it is best to speak to a Riverside elder abuse lawyer. Garcia & Artigliere give victims a voice in these trying times. We will fight for justice.

How do your lawyers fight for abused seniors in Riverside?

Working with a Riverside elder abuse lawyer gives you over 150 years of combined experience. Garcia & Artigliere serves clients throughout California. If your loved one suffers abuse, we can address your options. We will first file or review police reports about the incident and report the situation to the California Department of Aging. Other government agencies, such as Adult Protective Services, Medicaid, and the local ombudsman, may also require these reports.

Additionally, the Elder Abuse and Dependent Adult Civil Protection Act offers protections for victims to recover compensation. This act states that you can recover attorney's fees and damages when you prove the nursing home engaged in abuse. The burden of proof is like other personal injury cases and involves showing duty, breach, causation, and damages.

You can file a lawsuit against the abuser and anyone who knew of and should have prevented the abuse. Some of the parties that could be responsible include:

  • Nurses
  • Nursing assistants
  • Orderlies
  • Owners or operators of the facility
  • Nursing home administrators or managers
  • Supervisors

The older resident is the primary person who could file a claim. Their family may also have rights if the senior is incapacitated or suffering disability from the abuse. You could recover compensation for damages such as:

  • Emotional distress and anguish
  • Physical pain and suffering
  • Medical care to treat injuries caused by abuse
  • Monetary damages for relocating your loved one

In egregious situations, punitive damages may be possible. When a Riverside elder abuse lawyer reviews your case, we will determine which damages you qualify for and calculate your losses. The key is to show clear and convincing evidence of negligence and the damage it has caused your loved one and, by extension, you. Garcia & Artigliere has the experience to handle the entire legal process on your behalf.

Do you have a Riverside elder abuse lawyer near me?

Garcia & Artigliere offer consultations with potential clients at our Long Beach and Los Angeles offices. You can also schedule a video conference at home if necessary. We fight for justice and will ensure you are safe and comfortable throughout the process. Our lawyers cannot change what has occurred, but we restore your faith and confidence in your care. Schedule a free, confidential consultation with an experienced Riverside elder abuse lawyer. We serve clients throughout California.

Talk to a Riverside elder abuse lawyer from Garcia & Artigliere today

A loved one who suffers abuse from their nursing home caretakers deserves to be always protected. Call the experienced Riverside elder abuse lawyer at Garcia & Artigliere today to schedule a free consultation. You can also complete our contact form at your convenience.

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