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Sacramento Elder Neglect Lawyers
Sacramento elder neglect attorneys providing experienced advocacy for seniors mistreated by their caretakers
Elder care providers, such as nursing homes and private caregivers, are responsible for the daily well-being of the elderly under their care. They must ensure they have appropriate clothing, shelter, food, beverages, and medications. It is crucial to respect the specific rights of the elderly, and long-term care facilities, along with other healthcare providers, should be prepared to handle emergencies. At Garcia & Artigliere, our Sacramento elder neglect lawyers hold caretakers accountable for their liability. Our lawyers have aided numerous seniors and families in securing settlements and verdicts exceeding $3 billion. Feel free to reach out to us to discuss your rights today.
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What are the types of elder neglect in Sacramento?
At Garcia & Artigliere, our Sacramento negligent elder care attorneys advocate for individuals aged 60 and above in various neglect claims, encompassing the following issues:
- Neglect affects a senior's essential health needs. According to the US Centers for Disease Control and Prevention (CDC), a senior’s health needs include food, clothing, shelter, hygiene, and attention to medical care. Failing to address dehydration, malnutrition, infections, bedsores, depression, skin disorders, and other common health issues in the elderly also constitutes neglect.
- Neglect may lead to a senior falling. Regular inspections of nursing homes, assisted facilities, local facilities, and residences are crucial to prevent slips, trips, and falls. Actions that should be taken include removing obstructions, securing railings, ensuring dry floors, and monitoring the whereabouts of seniors to prevent wandering.
- Medical neglect. Examples of caretaker neglect include improper medication administration, failure to record and update medical decisions, inappropriate use of chemical restraints, and neglecting medical conditions such as bedsores, scabies, infections, breathing difficulties, stroke, and others.
- Sexual abuse/neglect. Nursing homes, businesses, and caretakers must observe signs of elder abuse, conduct background checks on employees, promptly address complaints of sexual abuse, and strive to stop sexual abuse before it happens.
- Physical abuse/neglect. Caretakers must identify and treat signs of physical abuse and neglect, such as broken bones, bruises, and cuts. The use of physical and chemical restraints should only occur with medical authorization.
Caretakers need training and experience to assist seniors with cognitive disorders like dementia and Alzheimer's.
Why do caretakers neglect elderly individuals in Sacramento?
There is no obligation to demonstrate that a caretaker, like a nursing home, deliberately caused physical or emotional harm to a senior. At Garcia & Artigliere, our elder neglect lawyers in Sacramento are experienced at establishing the elements of a neglect claim:
- A caretaker owed a duty of care (typically based on a care-providing contract) to a senior.
- The caretaker neglected to act or acted unreasonably, such as failing to adhere to nursing home best practices.
- The failure to act or the action resulted in physical or emotional harm to the senior.
Several notable negligent actions or inactions that lead to patient and resident harm include:
- Lack of an individual care plan. Caretakers, whether responsible for one person or many, must acknowledge the unique challenges and needs of each individual. Care plans should address the senior's medical conditions, medication requirements, contact information, and any details enabling a fast assessment of the senior's needs by every caretaker involved.
- Lack of written policies and procedures. Long-term care facilities that routinely deal with seniors should have established written policies and procedures outlining standards for staff, care, resident rights, reporting, and reviewing protocols for abuse and neglect for the entire facility.
- Prioritizing the health of residents over caretaker profit. Nursing homes and other caretakers should ensure adequate qualified staff for each resident to prevent negligence due to overwork or stress.
- Failing to conduct background checks. Caretakers must confirm that individuals hired to care for seniors possess the required credentials, licenses, training, certifications, and experience. Background checks are crucial to ensuring new hires do not pose a danger to seniors.
- Absence of staff training and monitoring. Every worker in personal caretaking or organizations like nursing homes should possess the necessary skills and training to address various medical and personal issues seniors may encounter. Staff members, even if not doctors, should understand how to prevent dangers such as bedsores and falls and respond appropriately to emergencies like strokes. Caretakers must know how to safeguard seniors and maintain a secure living environment.
How can I help a senior who is being neglected in Sacramento?
At Garcia & Artigliere, our elder neglect lawyers in Sacramento assist seniors and families experiencing neglect. Depending on the type and severity of the neglect, seniors and their advocates should contemplate the following steps:
- Contact local law enforcement.
- Reach out to local senior protective services agencies.
- Start a complaint with the Sacramento Area 4 Agency on Aging if the neglect occurs in a long-term care facility, like a nursing home. The Ombudsman will investigate the claim and work to prevent further neglect.
For the most effective resolution, consult with our experienced Sacramento elder neglect lawyers. Our legal team is known throughout California for successfully negotiating settlements and securing arbitration and court verdicts. We will protect your rights, explore available options, and initiate claims to hold negligent caretakers accountable.
When advocating for seniors who have suffered physical, emotional, or sexual harm, our lawyers will pursue compensation for pain and suffering, medical expenses, potential income loss, and the inability to enjoy life. In cases of elder care neglect leading to death, we will file a wrongful death action requesting monetary damages for funeral and burial costs, loss of inheritance, the absence of guidance and support, and other relevant damages. In instances of egregious negligence, punitive damages may be sought. Additionally, we work to force negligent caretakers to take specific measures to prevent similar neglect from harming others under their care.
Do you have a Sacramento elder neglect attorney near me?
At Garcia & Artigliere, we advocate for elderly victims in Sacramento and across California. Our lawyers have secured $50 million in settlements and verdicts on behalf of clients who suffered elder neglect. We have offices in Long Beach and Los Angeles and also travel to nursing homes to speak with senior clients whenever necessary.
Call the Sacramento elder neglect lawyers at Garcia & Artigliere today
At Garcia & Artigliere, we are highly familiar with the reasons behind senior neglect and recognize its preventability. Our skilled Sacramento elder neglect attorneys excel at gathering the evidence to hold nursing homes, long-term care facilities, and private caretakers accountable for any harm inflicted upon your loved one.
To schedule a free, confidential consultation with one of our experienced Sacramento elder neglect lawyers, call or contact our offices. We have offices in Long Beach and Los Angeles and serve clients throughout California.
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