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Santa Clara Nursing Home Abuse & Neglect Lawyers
Our Santa Clara nursing home abuse and neglect attorneys hold nursing homes responsible for failing to protect their residents
California has more than 1,000 nursing homes. Many of those nursing homes are located in Santa Clara. Nursing homes generally provide around-the-clock medical care and help with daily living activities. Assisted living facilities are more focused on independent living. Nursing homes bill through Medicare and Medicaid while assisted living residents generally pay through their own funds. The differences are critical. Nursing homes generally require a higher and broader level of care. At Garcia & Artigliere, our Santa Clara nursing home lawyers fight for residents who suffer physical, emotional, or sexual abuse. We fight for residents who are injured due to neglect. We’ve obtained more than $3 billion for our clients. We’re ready to fight for your loved one today.
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How can our Santa Clara nursing home abuse and neglect lawyers help?
- What conduct or inaction is considered abusive or neglectful in Santa Clara nursing homes?
- When should you suspect your loved one is being abused or neglected while staying at a Santa Clara nursing home?
- What rights do residents of Santa Clara nursing homes have?
- Who is responsible for abuse and neglect at a Santa Clara nursing home?
- How do you fight for Santa Clara nursing home victims of abuse and neglect?
- Do you have a Santa Clara nursing home abuse and neglect attorney near me?
What conduct or inaction is considered abusive or neglectful in Santa Clara nursing homes?
Garcia & Artigliere has earned the trust and respect of former clients, insurance companies, and defense lawyers because we are skilled at showing what type of abuse or neglect occurred, who is responsible, and that the harm to the residents was preventable.
Our Santa Clara nursing home abuse and neglect lawyers handle claims involving:
- Physical abuse. Physical abuse of a resident involves physical force, the use of chemical or physical restraints, denying a resident his/her medications, or any other type of physical pain.
- Sexual abuse. Sexual abuse involves sexual acts or forcing a resident to watch sexual acts without the resident’s consent. Residents are often seen as targets because they have physical or cognitive disorders. The abusers can include the nursing home owners, staff, or even other residents.
- Emotional abuse. Nursing homes need to ensure that their staff members don’t try to control or punish a resident by making them feel guilty, afraid, or upset. Emotional abuse includes yelling and insulting residents. It also includes isolating a resident from relatives, friends, and other members of the nursing home.
- Gross neglect involves depriving or delaying a resident’s essential needs such as nutrition, medications, good hygiene, clean surroundings, and the ability to exercise a resident’s rights. Our Santa Clara nursing home abuse and neglect attorneys represent residents when the neglect is intentional (gross neglect) or irresponsible (general neglect).
Our lawyers also file claims when a nursing home resident wanders away from the facility or is abandoned (left on their own).
Nursing home medication errors
Most residents of Santa Clara nursing homes use multiple medications. Pharmacists, doctors, and the nursing home medical staff need to understand the risks of each drug and the dangers involved in using several drugs or more.
The US National Institute for Health (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 Santa Clara nursing home abuse and neglect attorneys understand why medication mistakes happen and why they’re preventable. We are skilled at holding nursing homes accountable when they fail to:
- Have detailed descriptions and reviews of what medications each resident needs
- Ensure the medications are given at the correct time, in the correct dosages, in the proper manner (orally or by injection)
- Review the possible side effects and drug interactions
- Record every medication usage and reactions (if any) on the resident’s medical chart
- Provide the correct medication for the correct medical disorder
- Have individual healthcare plans
- Provide immediate medical care if there are any side effects or reactions
Delayed or denied stroke treatment
Nursing homes must anticipate that some of their Santa Clara residents may have an ischemic or a hemorrhaging stroke. Generally, if tissue plasminogen activator (tPA) is administered within three hours from the onset of stroke symptoms, there’s a reasonable chance of saving the senior’s life. tPA is used to break up blood clots that prevent blood from reaching the brain. Prompt stroke care can also help reduce the damage of hemorrhaging strokes that occur when the brain bleeds.
The Centers for Disease Control and Prevention (CDC) reports that nearly one in six heart disorders are stroke-related. Nearly 200,000 people die from strokes each year.
At Garcia & Artigliere, our Santa Clara nursing home abuse and neglect attorneys work with cardiologists and other doctors to show that the nursing home that cared for your loved one failed to respond to stroke symptoms in a timely and life-saving manner.
When should you suspect your loved one is being abused or neglected while staying at a Santa Clara nursing home?
Family, friends, and nursing home staff members should recognize the following signs of nursing home abuse and neglect:
- Bedsores and pressure ulcers
- Malnutrition and dehydration
- Broken bones, bruises, and cuts
- Bowel and bladder dysfunction
- Signs your loved one fell
- Infections that are untreated
- Sleeping problems
- Lack of hygiene
- Fear of other staff members or residents
- Nonparticipation in residential activities
- Lack of contact with family and friends
- Signs your relative didn’t take his/her medications
- Signs your loved one’s medical care is being neglected
- Physical, emotional, or sexual abuse
- Wandering or elopement
- Self-neglect by residents with physical or cognitive disorders
- The wrongful death of a resident
Research from Brigham Young University found that more than 60% of nursing home staff members admitted to some type of elder abuse in the previous year.
What rights do residents of Santa Clara nursing homes have?
Residents of Santa Clara nursing homes have specific rights that are created by federal and state laws, including:
- The Nursing Home Reform Act of 1987.
- Rights established by Medicare and Medicaid. Virtually all nursing homes bill Medicare and Medicaid – and are thus bound to provide their residents these rights.
- Rights provided by California law such as the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
Some of these long-term care rights include the right to:
- File grievances
- Have an active say about their medical care
- Participate in social activities
- Have regular contact in person and otherwise with family and friends
- Control over their finances
- Be free from abuse
- Be free from the use of physical or chemical restraints
- Many other rights
When a resident’s rights are violated, our Santa Clara nursing home abuse and neglect lawyers file claims to honor those rights and seek compensation for any damages.
Who is responsible for abuse and neglect at a Santa Clara nursing home?
At Garcia & Artigliere, our Santa Clara nursing home abuse and neglect lawyers have been strong advocates for seniors since 1993. We’ve spent more than 150 years fighting for abuse and neglect victims. In one recent case, our lawyers helped the US Department of Justice obtain a $46 million settlement from a California skilled nursing management company, its owners, and six nursing facilities – based on the illegal use of a kickback scheme.
We file claims against everyone responsible for harm to your loved one including:
- The nursing home
- The owners, supervisors, and administrators of the nursing home
- The staff members especially if they are abusive
- Healthcare providers
- Any other responsible parties
We work with doctors who are skilled at explaining what health disorders are due to abuse or neglect, what medical care is needed and for how long, the cost of the care, and every way your loved one’s life is diminished.
We demand compensation for all your loved one’s current and future:
- Medical bills – including ER care, hospital stays, physician care, rehabilitative care, assistive devices, and medications
- Daily physical pain and emotional suffering
- Loss of function
- Loss of life’s pleasures
For many victims who are already coping with physical or cognitive disorders, any additional pain can be quite devastating.
Our trial lawyers also seek wrongful death damages if your loved one dies due to abuse or neglect such as non-timely stroke treatment. The damages include the funeral and burial bills, any financial damages such as the loss of an inheritance, and personal losses such as the loss of comfort and love your relative would have provided.
How do you fight for Santa Clara nursing home victims of abuse and neglect?
At Garcia & Artigliere, our Santa Clara nursing home abuse and neglect lawyers have the experience and resources to fight for your loved one. We work with investigators and nursing home professionals. We thoroughly question everyone with knowledge of the events. Our team works to review all essential documents, such as medical records and notices of complaints. We are skilled at negotiating settlements and arguing the claims in residents in court.
We recommend that you help by:
- Regularly visiting and talking with your loved one
- Understanding how to help residents file a complaint with the Santa Clara Long-Term Care Ombudsman
- Taking pictures and videos of how your loved one looks and the physical state of the nursing home
We strongly recommend that you contact our respected and caring Santa Clara nursing home abuse and neglect attorneys as soon as possible.
Do you have a Santa Clara nursing home abuse and neglect attorney near me?
Garcia & Artigliere moves quickly when we learn your loved one has been abused or neglected. Many nursing home residents are seniors living with some type of disability. Any additional harm is traumatic. Our lawyers fight relentlessly for residents of all ages due to conduct that is preventable. We meet clients throughout California. If residents are not mobile, we visit residents in nursing homes, conduct consultations by video conference, and discuss cases by phone.
We’ll answer all your questions and fight for full compensation for your loved one.
Talk with an experienced Santa Clara nursing home abuse and neglect lawyer at Garcia & Artigliere today
At Garcia & Artigliere, our Santa Clara elder abuse lawyers have been fighting for nursing home residents for more than 30 years. We understand how precious every day is. We understand that the residents of nursing homes already live with physical and cognitive difficulties. Any more pain can make their life unbearable.
To schedule a free consultation, call us or complete our contact form today. We’re ready to assert your loved one’s right to live their best life possible. Our representation includes Santa Clara, Long Beach, Los Angeles, and other California regions. We also represent clients in Arizona, Kentucky, and Louisiana. We represent nursing home abuse and neglect victims on a contingency fee basis.
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