Elder Abuse

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Santa Clara Elder Abuse Lawyers

Our Santa Clara elder abuse attorneys have more than $3 billion in recoveries across the United States

Getting old should be one of the sweet joys of life – not a tragedy. Our parents, grandparents, spouses, and older elderly relatives deserve to enjoy all that life has to offer when they retire or begin to slow down. No older resident of Santa Clara should ever be physically abused, sexually abused, or neglected. Yet many nursing homes, assisted living facilities, and other long-term care and short-term care facilities fail to take standard precautions to protect their loved ones. At Garcia & Antiglare, our Santa Clara elder abuse lawyers have more than 150 years of combined experience fighting for the elderly. We’re ready to fight for your loved one and restore their hope today. Call our seasoned elder abuse attorneys now.

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How can our Santa Clara elder abuse lawyers help?

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What is the definition of elder abuse?

A senior is anyone who is 60 years of age or older. Caretakers include long-term care facilities, nursing homes, and assisted living facilities. Caretakers also include adult daycare centers and agencies that provide at-home healthcare services.

At Garcia & Artigliere, our Santa Clara elder abuse lawyers represent any senior who is harmed by any caretaker. Abuse is generally intentional. Neglect is generally due to carelessness or unreasonable behavior.

The US National Institute on Aging defines abuse in the following way:

  • Physical abuse. This type of abuse involves physical contact or physical pain. Examples include punching, hitting, burning, pushing, and slapping. Physical abuse also includes the use of physical restraints or chemical restraints. Deliberately not giving a resident their medication or food is also considered physical abuse.
  • Sexual abuse. Sexual abuse of the elderly includes any sexual conduct that is not consensual. Examples include rape, sexual assault, promises of better treatment in return for sex, forcing the elderly to watch sexual acts, and sexual harassment. Caretakers need to take steps to prevent, monitor, and respond to sexual abuse by management, staff members, visitors, and other residents. Elderly abuse of seniors with physical or cognitive impairments is sadly all too common.
  • Emotional abuse. Caretakers should never try to control the elderly through the use of emotional abuse. Examples of emotional abuse include yelling, insults, and making a senior feel afraid or guilty. Senior abuse also includes isolating someone in the care of the caretaker from family, friends, or other seniors.
  • Gross neglect. Intentional neglect of the elderly is another form of elder abuse. Caretakers should never intentionally fail to reduce the risk of falling, provide medications properly, address the daily needs of seniors such as nutrition and grooming, treat bedsores, bowel and bladder disorders, treat infections, or respond to the signs of stroke.

Our Santa Clara elder abuse lawyers are skilled at showing what abuse occurred, all the reasons the abuse is harmful, who is responsible, and what compensation should be paid.

What are the signs that someone I love is being abused in Santa Clara?

Our Santa Clara elder abuse lawyers recommend that everyone who cares for a senior and the caretakers themselves speak with and observe the seniors in person and through other channels such as phone conversations and email.

The signs of physical abuse include:

  • Dehydration and malnutrition
  • Bedsores/pressure ulcers
  • Infections
  • Burns,
  • Cuts and bruises
  • Broken bones
  • Clothing that doesn’t fit or look nice
  • Assistive devices that aren’t being used
  • Problems sleeping
  • Any type of physical pain
  • Signs that a senior isn’t taking his/her medications
  • Weight changes
  • Indications that chemical or physical restraints are being used

The signs of emotional abuse include:

  • Non-participation in social or residential activities
  • Not speaking with family and friends
  • Confusion
  • Unusually quiet
  • Irritability
  • Anxiety
  • Depressions
  • Rocking back and forth
  • Signs of unhappiness
  • Signs of post-traumatic stress disorder (PTSD)

The signs of sexual abuse include:

  • Torn or bloody undergarments
  • Bruises or cuts of genital areas
  • Unusual conversations about sex
  • Complaints about genital parts
  • Fear of others
  • Sexual diseases
  • Some of the physical and emotional signs discussed above

You should also be concerned that a Santa Clara senior is being abused if there are:

  • Indications a senior fell
  • Your loved one wanders off or elopes from a home or facility
  • Signs a senior was abandoned
Nursing Home Neglect Lawyers

How can I help my relative or close friend assert their right to compensation for elder abuse in Santa Clara?

Seniors in Santa Clara rely on their families and the people who are supposed to care for them to protect them. This attention is especially required for seniors who have physical or cognitive disorders.

Some of the steps you can take to help stop elder abuse include:

  • Make regular in-person visits with your loved one. Try to mix up the days and times you visit so you can see everyone who is caring for your loved one.
  • Examine the residential care facility, daycare facility, or home to see if there are any apparent dangers, such as obstacles that could increase the risk of falling.
  • Review when your loved one is taking his/her medications
  • Observe how the person you care for is interacting with other seniors and staff members

If you suspect your loved one is being abused, you should contact the Santa Clara Long-Term Care Ombudsman or a local elder care service agency. The Santa Clara ombudsman reviews and investigates elder abuse complaints that are occurring at long-term care facilities.

You should also contact Garcia & Artigliere as soon as you suspect elder abuse. We’re ready to answer your call now.

How do your Santa Clara elder abuse attorneys fight for abused seniors?

At Garcia & Artigliere, our experienced Santa Clara elder abuse attorneys are respected across California and the country for our dedication to our senior clients, are advocacy skills, our preparation, and our unyielding work to hold those who commit for fail to prevent abuse accountable. We assert every law, every regulation, and every reasonable caretaker standard that your caretaker failed to implement on behalf of your loved one. We work with investigators, when necessary. We also work with the police if they are called to investigate criminal abuse.

Our elder abuse lawyers have working relationships with gerontologists and a full range of elder healthcare professionals who can show all the help your loved one needs and all the ways their ability to enjoy their lives have been crushed. In addition to filing personal injury claims, we also file wrongful death claims if a senior died due to elder care abuse in Santa Clara.

In one illustrative case, we obtained a $46 million judgment (through an action brought by the US Department of Justice based on the False Claims Act) in November 2023. The judgment (entered into by agreement with the defendants was filed against Paksn Inc., a California skilled nursing management company, its owners, and six nursing facilities. Our claim, pursued by our lawyers Stephen M. Garcia and Matthew M. Coman, asserted that the defendants were involved in a kickback scheme.

In another case, Garcie and Artigliere were counsel in the largest Elder Abuse and Dependent Adult Civil Protection Act settlement (more than $38.5 million) in California history.

Do you have a Santa Clara elder abuse lawyer near me?

Garcia & Artigliere represents seniors in Santa Clara and throughout California. Our team obtained $50 million for our clients in 2022. We’re ready to answer all your questions and guide you through each step of the claims process today. We are skilled at showing caretakers were negligent and obtaining full compensation for your loved one’s medical needs and their daily trauma.

Speak with an experienced Santa Clara elder abuse attorney today

Prompt action is critical to help your loved one before any further abuse causes more harm. At Garcia & Artigliere, our Santa Clara elder abuse attorneys question everyone including your loved one, the abuser, the caretakers, the caretaker staff, and anyone with knowledge of the abuse. We understand the unique challenges involved in pursuing elderly abuse claims if your loved one has cognitive difficulties.

To help your loved one assert his/her rights, please call us or fill out our contact form to schedule a free, confidential consultation. Our lawyers represent seniors in Santa Clara and throughout California. We also have offices in Los Angeles and Long Beach. Our national team also represents abused seniors in Arizona, Kentucky, and Louisiana. We handle elder abuse claims on a contingency fee basis.

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