When deciding on a nursing home for a loved one, you have the right to ask the nursing home staff questions regarding the facility and its policies.
It is your right to know how your loved one will be treated—especially since elder abuse is on the rise in California. According to the California Department of Aging, more than 200,000 older and dependent adult abuse cases are reported in our state every year. The real number of incidents is likely much higher.
At Berg Injury Lawyers, we know how difficult a decision like this is, but we also know it’s even more difficult to find out that your loved one has been abused by the facility you trusted. If you suspect your family member is the victim of nursing home abuse or neglect, give us a call at (866) 779-2510 or fill out our free online form. We’ll start investigating your claim immediately.
Signs of Nursing Home Abuse and Neglect
You can’t be with your loved one 24 hours a day when they live in a nursing home, which can make it difficult to discover nursing home abuse. Some common physical signs to look for that may indicate neglect or abuse include:
- Abnormally pale complexion
- Bruises in a pattern that suggests restraints
- Excessive and sudden weight loss
- Fleas, lice, or dirt on the resident or in the resident’s room
- Poor personal hygiene or other unattended health problems
- Torn clothing or broken personal items
- Unpleasant odors
- Untreated bedsores, wounds, cuts, bruises, or welts
Other signs to watch out for that indicate improper care or neglect include:
- Allowing the resident to wander off the premises
- Inability to explain the resident’s condition
- Refusal to allow visitors to see the resident alone
- Lack of proper heating or cooling in the nursing home
- Sudden change in the resident’s medication
Beyond physical indicators, watch for changes in your loved one’s behavior or emotional state, including:
- Withdrawal from social activities or family interactions
- Unexplained fear or anxiety, especially around certain staff members
- Changes in sleep patterns or appetite
- Regression in cognitive abilities or communication skills
- Reluctance to discuss their care or living situation
- Signs of depression or hopelessness
If you suspect your loved one is suffering from nursing home abuse or neglect, reach out to our California nursing home abuse lawyers immediately. We can ensure your claim gets the attention it deserves and your loved one receives the care they need.
California Laws Protecting Nursing Home Residents
California has established comprehensive legal frameworks to protect elderly residents in care facilities. The Elder Abuse and Dependent Adult Civil Protection Act mandates reporting of abuse and neglect, sometimes allowing for enhanced damages, including attorney’s fees and punitive damages, when facilities are found liable. Additionally, federal and California regulations govern nursing home operations and resident rights.
Residents’ Rights in California Nursing Homes
Every nursing home resident in California has fundamental rights, including:
- The right to be treated with dignity and respect
- The right to be free from verbal, sexual, physical, mental, and financial abuse
- The right to privacy and confidentiality
- The right to participate in care planning and to make informed decisions
- The right to voice complaints without fear of retaliation
- The right to have visitors and maintain social and familial connections
What to Do if You Suspect Nursing Home Abuse
If you believe your loved one is experiencing abuse or neglect, take these actions promptly to protect their health and rights:
- Document Everything. Take photographs of any injuries, keep dated and detailed notes of symptoms and incidents, and preserve any relevant (clothing, medication, bank statements, etc.)
- Report to Authorities. Contact local law enforcement, the Long-Term Care Ombudsman, or the California Department of Social Services.
- Seek Medical Attention. Ensure your loved one receives a full, immediate medical evaluation and any necessary treatment.
- Contact an Attorney. Consult with our experienced nursing home abuse lawyers to understand your legal and relocation options.
Strong evidence is crucial for a successful nursing home abuse claim. Important documentation may also include:
- Medical records showing injuries or declining health
- Photos and videos of the resident’s physical condition, unsanitary environment, or inadequate facilities
- Witness statements from other residents, family members, or staff
- Facility inspection reports and violation records
- Communication records with nursing home staff or administration
Don’t shoulder this burden alone. When you contact Berg Injury Lawyers, we can conduct a comprehensive investigation, working with medical experts and facility inspectors.
Compensation Available in California Nursing Home Abuse Cases
When nursing home abuse occurs, the financial and emotional costs can be devastating for both the victim and their family. While monetary compensation can’t undo the harm caused by abuse, it can help victims and their loved ones recover and hold negligent facilities accountable.
Various forms of compensation may be available, including:
- Medical expenses for treating the resident’s injuries and future care needs
- Pain and suffering damages for physical and emotional trauma
- In some cases, punitive damages designed to punish the facility and deter future abuse
- Wrongful death damages if abuse contributed to the resident’s death
The amount of compensation can vary significantly based on the severity of the abuse and the long-term impact on the victim’s quality of life. However, California’s elder abuse laws are particularly favorable to victims. An experienced nursing home abuse attorney can evaluate your situation and help you understand the potential scope of financial recovery.
Fighting Abuse and Neglect in Nursing Homes
With more than 45 years of experience fighting for injury victims, Berg Injury Lawyers has the experience and resources to help you get results. Our No Fee Guarantee® means that if you don’t win, you pay nothing. So don’t wait to get the help your loved one deserves. Call (866) 779-2510 or complete our free online form to get in touch with our California nursing home abuse lawyers today.
