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San Diego Nursing Home Abuse & Neglect Lawyers
San Diego nursing home abuse attorneys fighting for California seniors since 1993
Nursing homes in San Diego provide around-the-clock care for their residents. This care requires that residents be protected from abuse, that their daily needs including medical needs are met, that they don’t fall or suffer other injuries, and that their rights are respected. Nursing homes can avoid abuse and neglect by complying with federal and California nursing home laws and standard nursing home best practices. At Garcia & Artigliere, our San Diego nursing home abuse & neglect lawyers have helped our clients obtain more than $3 billion in insurance settlements, arbitration awards, and jury verdicts. We’re ready to fight for your loved one today.
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How can our San Diego nursing home abuse and neglect lawyers help?
- What are the different types of San Diego nursing home abuse and neglect?
- What signs indicate someone in a San Diego nursing home is being abused or neglected?
- What rights do residents of San Diego nursing homes have?
- Which individuals and caretakers are responsible for nursing home abuse and neglect in San Diego?
- How can families support San Diego nursing home residents who are being abused or neglected?
- Do you have a San Diego nursing home abuse attorney near me?
What are the different types of San Diego nursing home abuse and neglect?
Garcia & Artigliere has more than 150 years of experience fighting for elder victims of abuse and neglect. We understand the specific federal and California laws that govern nursing homes. We work with nursing home professionals who understand how nursing homes should operate – and how they shouldn’t operate. We understand why nursing home abuse and neglect occurs in San Diego and why a nursing home failed your loved one.
- Physical abuse. Physical abuse involves any contact with a resident that causes pain. Examples include hitting, pushing, slapping, or striking a resident. Other examples include the use of chemical or physical restraints and denying a resident his/her medications.
- Emotional abuse. Emotional abuse is generally used to control or punish a nursing home resident. Examples include isolating a resident from other residents in the nursing home, isolating the resident from family and friends, insults, and intimidating language. Emotional abuse causes residents to become fearful of their caretakers, anxious, guilty, or depressed.
- Sexual abuse. Sexual abuse at a San Diego nursing home involves forcing a resident to participate in or watch sexual activities or conduct without the consent of the resident. Sexual abusers include nursing homes staff members, other nursing home residents, and anyone with access to the nursing home.
- Financial abuse. Financial abuse includes stealing cash, credit card information, jewelry, or any asset of value. Financial abuse also includes illegally depositing checks, retirement benefits, and other assets. Obtaining a power of attorney or changes to a will without the informed consent of the resident is financially abusive.
- Gross neglect occurs when a nursing home intentionally deprives a senior or another nursing home resident of their daily living needs, medications, right to communicate with family and friends, and many other nursing home residential rights. Our San Diego nursing home abuse and neglect lawyers represent residents who suffer gross neglect, which is intentional, and general neglect, which is irresponsible. San Diego nursing homes may also be liable if they fail to assist residents who may neglect (self-neglect) their basic needs such as personal hygiene and grooming to physical or cognitive impairments.
San Diego nursing homes can also be accountable if they allow a resident to wander away from the facility or abandon a resident completely.
At Garcia & Artigliere, our San Diego nursing home abuse and neglect lawyers file personal injury claims on behalf of injured residents and wrongful death claims when a loved one dies due to nursing home abuse or neglect.
Nursing home medication mistakes
The US National Institute for Health (NIH), reports that, as of May 2023, there are nearly 6,800 prescription medications available – along with a seemingly endless supply of countless over-the-counter (OTC) drugs. Each drug has inherent risks that multiply when combined with other medications. Most nursing home residents take multiple drugs. Each year, the NIH states, about 8,000 people die in America due to medication mistakes. Hundreds of thousands of prescription users have complications from medical errors that are not reported.
The NIH defines a medication error as:
...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.
At Garcia & Artigliere, our San Diego nursing home abuse and neglect lawyers file claims against nursing homes and nursing home staff (including medical staff) when medication mistakes cause seniors and other nursing home residents harm. These personal injury and wrongful death claims against nursing homes include claims that the nursing home or staff failed to:
- Give each resident the proper medication at the proper time in the proper dosage
- Give the resident their medications in the correct way – such as orally or by injection
- Review the possible side effects and drug interactions
- Examine the resident’s medical chart
- Record which medications were given to each resident and when
- Watch that the resident swallows or takes their medications
- Provide a proper diagnosis
- Have an individual health care plan for each San Diego nursing home resident
- Look for any signs of physical or emotional distress
- Provide or obtain prompt and competent medical care
Delayed or denied stroke treatment
San Diego nursing home residents who are having an ischemic or a hemorrhaging stroke need immediate medical care. An ischemic stroke, the most common type of stroke, can usually be treated with tissue plasminogen activator (tPA), provided the tPA is administered within three (3) hours of the stroke. tPA helps break up blood clots which prevent the brain from obtaining the blood it needs. Prompt care can also help hemorrhaging strokes which occur when there is bleeding in the brain.
The Centers for Disease Control and Prevention (CDC) states that nearly one in six heart conditions are stroke-related. Almost 800,000 people have a stroke each year, causing almost 200,000 deaths.
At Garcia & Artigliere, our San Diego nursing home abuse and neglect attorneys work with ER doctors, cardiologists, gerontologists, and other doctors to show that nursing home neglect prevented your loved one from receiving timely and possibly life-saving medical care due to strokes.
What signs indicate someone in a San Diego nursing home is being abused or neglected?
Family members, friends, and caretakers should regularly look for signs that a nursing home resident is being abused or neglected. Common signs include:
- Bedsores and pressure ulcers
- Dehydration and malnutrition
- Bladder and bowel disorders
- Broken bones, bruises, and cuts
- Signs that a nursing home resident fell
- Infections that aren’t treated
- Sleep disorders
- Being afraid of staff members or residents
- Not participating in social activities
- Not communicating with family and friends
- Signs a resident isn’t receiving competent medical care
- Physical and sexual abuse by other nursing home residents
- Residents who wander off or elope from the premises
- Abandoned residents
- Self-neglect by residents with physical or cognitive disorders
- The wrongful death of a resident
Brigham Young University data states that three in five nursing home staff members admitted to some type of elder abuse in the prior year.
What rights do residents of San Diego nursing homes have?
San Diego nursing homes must respect the rights of each resident. These rights are established by:
- The Nursing Home Reform Act of 1987.
- The rules of Medicare and Medicaid. Nursing homes that bill Medicare or Medicaid (most do) must comply with these laws.
- Rights provided by California law.
For example, California law provides the following nursing home rights:
- Admissions rights
- The right to visitors
- The right to privacy and confidentiality
- The right to file grievances
- The right to participate in activities
- The right to quality care
- The right to medical care and treatment
- The right to be free from abuse
- The right to participate in one’s care planning
- The right to freedom from chemical or physical restraints
- Many other rights
At Garcia & Artigliere, our San Diego nursing home abuse and neglect attorneys file claims when these rights are violated.
Which individuals and caretakers are responsible for nursing home abuse and neglect in San Diego?
San Diego nursing homes need to treat their residents humanely. Most nursing home residents are seniors who have limited time left. They should be able to enjoy that limited time to the fullest.
At Garcia & Artigliere, our San Diego nursing home abuse and neglect lawyers have fought for nursing home residents who have been abused or neglected for more than 30 years.
We file personal injury and wrongful death actions against the following defendants:
- The San Diego nursing home
- The owners, supervisors, and administrators of the nursing home
- Individual nursing home staff members
- Healthcare providers
- Any other responsible parties
We demand that your loved ones receive compensation for all their:
- Medical expenses, including emergency care, hospitalization, surgeries, rehabilitative care, and psychological care
- Daily physical pain and emotional suffering
- Loss of quality of life
If your loved one died due to nursing home abuse or neglect, we seek compensation for the funeral and burial costs, any financial damages such as the loss of an inheritance, and the family’s personal losses, such as the loss of comfort and guidance your loved one would have provided.
How can families support San Diego nursing home residents who are being abused or neglected?
At Garcia & Artigliere, our San Diego nursing home abuse and neglect lawyers suggest that families and those who care for a resident:
- Regularly look for the signs of abuse by visiting with their loved ones and communicating with their loved ones regularly
- Help your loved one contact the San Diego Long-Term Care Ombudsman
- Take videos and pictures (where practical) of your loved one’s appearance and injury, your loved one’s room, and any signs of improper care
The best course of action if you suspect your loved one who lives in a nursing home is being abused or neglected is to contact our respected elder care lawyers. We’ve helped our clients obtain more than $3 billion in recoveries.
Do you have a San Diego nursing home abuse and neglect attorney near me?
Garcia & Artigliere fights for residents of nursing homes in San Diego who suffer any type of abuse or neglect. Our lawyers are skilled at helping seniors with physical, emotional, and cognitive impairments assert their rights. We’ll help you and your loved one hold irresponsible nursing homes accountable.
Contact the experienced San Diego nursing home abuse and neglect attorneys at Garcia & Artigliere
At Garcia & Artigliere, our San Diego elder abuse and neglect lawyers want seniors to live their best lives possible. That’s why, for more than a combined 150 years, we’ve been fighting to hold nursing homes to the high standard of care that the laws require, that other nursing homes demand, and that seniors deserve. To schedule a free consultation, call or complete our contact form. We proudly represent seniors in San Diego, San Franciso, Long Beach, Los Angeles, and across California. We also represent nursing home residents in Arizona, Kentucky, and Louisiana. We handle nursing home abuse and neglect claims on a contingency fee basis.
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