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Torrance Elder Neglect Lawyers
Torrance elder neglect attorneys fighting for seniors neglected by caretakers
When you decide to place your loved one in a nursing home or extended care facility, you are giving the facility authority and custody of the person. Caregivers must adhere to the basic standard of care, so seniors do not suffer harm while in their care. However, they may take a different approach and be completely hands-off, which can result in injuries to seniors. Caretakers and long-term care facilities must adhere to California and federal laws and best practices. Garcia & Artigliere have Torrance elder abuse attorneys with 150 years of combined experience who will seek justice and protect you and your loved one's best interests. Call us today to assert your rights.
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How can our Torrance elder neglect attorneys help?
How are caretakers in Torrance neglectful?
Neglect occurs when basic needs are not being met. However, there are two primary forms of neglect a senior can experience: basic needs and medical neglect. Neglect of basic needs is when a nursing home or caretaker doesn't provide food or water, which causes the senior to suffer from dehydration or malnutrition. They may also fail to provide toilet assistance, hygienic care, or mobility assistance. Another basic need they are responsible for is having a clean and safe environment for the residents.
Seniors under the care of nursing home staff and medical professionals must have their medicines administered at designated times and the correct dosages. It is also up to staff to address a resident's medical concerns. When they fail to address problems or administer medication, it can lead to irreparable harm or death to the senior. Infections, inadequate diabetic care, and medication errors are a few examples of medical neglect in Torrance.
Neglect can also go hand in hand with abuse. Caregivers can participate in physical abuse, emotional neglect, and sexual abuse. Often, neglect is the result of understaffing or untrained staff. When staff do not have the proper training to provide for the residents’ needs, it can cause further injury and harm. If you witness neglect, report it to the management staff and speak to a Torrance elder neglect attorney.
Do caretakers have special training requirements?
Caretakers will receive special training and attend education programs before working with seniors. Becoming a caretaker involves showing compassion and assisting older adults. While the primary parties they help are older adults, caregivers can also assist individuals with cognitive or physical impairments with daily tasks and medical issues. Their daily duties will vary depending on the individual they care for since some patients are more capable than others. Examples of functions that caregivers often assist with include:
- Grooming
- Feeding
- Bathing
- Transportation to medical appointments
- Running errands
- Medication management
They also provide emotional support so the individual does not feel alone or isolated. This can involve reading, playing games, or talking to them. These simple actions can make a significant impact on the patient. Before a caregiver can enter the home or a nursing home facility, they must meet the minimum state requirements, which are:
- A clean criminal record
- Pass a background check
- Reside in California
- Legal authorization to work in the U.S.
- Good physical health
- Updated vaccinations
These are the state requirements. However, agencies and facilities can impose additional requirements before hiring someone as a caregiver. When researching an agency or facility, ask about their hiring requirements.
In California, all potential caregivers should complete and obtain a Home Care Aide certification. This program ensures that all caregivers get the training to provide care to seniors and individuals with disabilities. The program is 10 hours of orientation training with 20 hours of basic caregiving skills, safety, and communication. A written exam will be administered to obtain certification. Additionally, caregivers must apply to the California Department of Social Services. Training programs must be completed within four months of employment.
Another requirement to work as a caregiver is to submit proof of vaccination records with a negative tuberculosis test. This ensures the safety of patients, residents, and other staff members. Anyone who is in close contact with the caregiver is safe. This is important because caregivers are often around multiple clients and can transfer illness without updated vaccinations. Sometimes, caregivers are tasked with providing overnight care for clients. They cannot administer medical procedures unless they are also licensed healthcare providers.
Why does elder neglect happen in Torrance?
Caretaker neglect is preventable, and yet it is still prevalent nationwide. Our Torrance elder neglect attorneys work with teams of professionals to assess what led to the neglect. At the core, the caretaker has a duty to protect and care for your loved one. They failed this in some way, and your loved one suffered harm as a result. Common examples of how they fail their duty include:
- Failing to implement or adhere to an individual care plan
- Not having a best practices plan
- Having a criminal record
- Inexperience and lack of training
- Ignoring complaints and concerns from the patient and their family
How a Torrance elder neglect attorney can fight for seniors
There are some signs to look for that can indicate that your loved one is experiencing neglect. Every situation is unique, but we often see cases involving the following:
- Creating dangerous conditions for the individual
- Not turning individuals or doing their stretches resulting in bed sores
- Failing to keep the individual clean or provide hygienic services
- Starvation or dehydration
- Untreated medical conditions
- The senior reporting the mistreatment or abuse
- Unsanitary conditions like lice, soiled bedding, fleas, and fecal or urine smell
You must help protect your seniors by staying updated on their care, visiting often, and documenting any discrepancies or concerns you have. When you contact Garcia & Artigliere, we will build a case to recover compensation.
You can also contact other agencies, depending on the circumstances. For emergencies, you should call emergency services to help remove the residents and get them the care they need. You can also contact the individual's primary care physician for additional assistance in assessing and treating them.
Some local resources are available, such as the county Ombudsman office at (800) 231-4024 or Adult Protective Services at (800) 491-7123. You can file a complaint with the California Department of Social Services if the senior is residing in an assisted living or residential care facility. If the issue concerns a skill nursing facility, contact the California Department of Public Health at (888) 228-1019 for the general office.
Do you have a Torrance elder neglect attorney near me?
If your loved one is experiencing elder neglect, you must take legal action. Neglect can lead to severe injury and death. When you trust someone with your loved one, they have a duty to keep them safe. When they breach this duty and injury results, they should be held liable for their actions, or lack thereof. They cannot claim ignorance or understaffing as a reason for neglecting your loved one's needs. Our team handles elder neglect cases throughout California.
Speak to one of our Torrance elder neglect attorneys today
Garcia & Artigliere is passionate about helping seniors and their families fight back and get justice for neglectful caretakers and nursing homes. We are strong advocates with 150 years of combined legal experience. We have Los Angeles and Long Beach offices and serve clients throughout California. Schedule a free and confidential consultation with our team by calling our office or submitting our contact form.
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