The decision to place someone you love in a nursing home can be difficult and stressful. You want to make sure you find the right place that provides an enjoyable environment and the quality care they need. The Riverside personal injury attorneys of OnderLaw have experience handling nursing home abuse cases. If your family member suffered injuries due to someone else’s negligent actions, we could help you hold that person liable. You and your family deserve compensation for the resulting medical expenses and other losses.

Older adults are vulnerable to instances of abuse, especially in nursing homes and assisted-living facilities. Many have physical disabilities or cognitive issues, making it easy for nurses and other employees to take advantage of them. Some don’t remember what happened due to dementia or Alzheimer’s, so they never report the abuse or neglect. It’s critical that you advocate for your loved one’s rights and take immediate legal action if you notice any signs of abuse.

For a free consultation with one of our Riverside nursing home abuse attorneys, call OnderLaw today.

What Is Nursing Home Abuse/Neglect?

Nursing home abuse occurs when a caretaker inflicts harm on a patient, whether intentionally or unintentionally. Neglect occurs when a resident fails to receive the care required to meet their basic needs. Abuse falls into the six major categories below.

Physical Abuse

Physical abuse involves using intentional force with a nursing home resident, leading to physical harm or death. Common examples include:

  • Kicking or punching
  • Grabbing or pushing
  • Using unnecessary restraints
  • Slapping

 

Sexual Abuse

Sexual abuse refers to unwanted sexual contact using threats, force, or coercion. The most common forms of sexual abuse are:

  • Groping
  • Rape
  • Showing pornographic materials
  • Coerced or forced nudity

 

Financial Exploitation

Financial exploitation occurs when someone uses a patient’s finances without their knowledge or permission. Examples might include:

  • Unauthorized use of credit cards
  • ATM withdrawals
  • Stealing personal property and cash
  • Forging signatures on financial documents

 

Neglect

Neglect happens when a caregiver doesn’t provide their patient with basic needs. Common examples of neglect include:

  • Leaving a resident unattended for long periods
  • Failing to keep living areas clean and tidy
  • Withholding food and water
  • Failing to provide adequate medical treatment of injuries

 

Emotional Abuse

Emotional abuse involves verbal and nonverbal actions that inflict emotional pain, trauma, distress, or fear. The most common types of emotional abuse are:

  • Humiliation
  • Yelling
  • Harassment
  • Isolation

 

Abandonment

Abandonment happens when the person responsible for an older adult’s care intentionally deserts them. Examples of this type of abuse include:

  • Ignoring a resident’s request for assistance walking to the bathroom
  • Failing to administer necessary medications
  • Leaving an immobile patient in bed for hours without checking on them
  • Failing to provide special nutrition based on dietary needs

 

Injuries can happen in nursing homes. Sometimes, they are accidental. Other times, it’s due to a doctor’s, administrative employee’s, or another resident’s misconduct. OnderLaw knows how to handle any type of case involving nursing home abuse.

Signs of Nursing Home Abuse/Neglect

The warning signs you might notice will depend on the type of abuse that occurred. It’s crucial that you pay attention to these signs to protect your loved one from further harm. The most common signs of abuse and neglect at a nursing home are:

  • Unusual financial transactions
  • Malnutrition and dehydration
  • Unexplained injuries
  • Sudden cognitive decline
  • Torn or bloody clothes
  • Loss of hearing or vision
  • Broken personal property
  • Infections or bedsores
  • Concussions
  • Burns
  • Loss of mobility
  • Anxiety, depression, and other mental illness
  • Fear of a specific person

 

Abuse victims can find it challenging to cope with what happened to them and recover. Your family member needs someone like you in their corner to seek the justice they deserve. You should take action if you believe your loved one has become the victim of abuse. You could help them pursue the necessary compensation to pay for their medical treatment and other expenses.

What to Do if You Suspect Nursing Home Abuse/Neglect

Do not hesitate to take action if your loved one exhibits any warning signs of abuse or neglect. There are many resources in California that you can use to report what happened.

 

You should remove your loved one from the nursing home if you see any signs that abuse may have occurred. Have them transported to a hospital for treatment of any injuries. Make sure you place them in a trusted person’s home or another nursing facility to prevent their abuser from inflicting additional harm.

If the doctor recommends follow-up care, take your loved one to all necessary appointments until their injuries heal. They should receive treatment regularly. Allowing too much time to pass between appointments can indicate to an insurance company that the injury isn’t serious or might not exist. They could use that information to deny the claim or offer an insignificant settlement.

Consult one of the Riverside nursing home abuse attorneys from OnderLaw immediately after the incident. Abuse doesn’t just affect the victim. It affects the family as well. You’re probably already in shock and experiencing the emotional pain of watching your loved one suffer. Handling an insurance claim or lawsuit on top of everything else can be overwhelming. We can take on the responsibility for the case so you can focus on getting your relative the help they need.

You should maintain any documentation associated with the abuse. If you took pictures of damage at the facility, your family member’s visible injuries, or their dirty bedroom, forward them to us. It would also be helpful for you to keep copies of imaging test results, physician’s bills, surgical reports, and other medical records. Evidence is vital in cases like this, and we will need to prove that the injury resulted from abuse.

Compensation for Nursing Home Abuse/Neglect Claims

Your loved one likely suffered some losses from the abuse or neglect. They have a right to seek compensation for their losses from the at-fault party.

The losses that may be eligible for compensation in nursing home abuse cases are:

  • Damage to personal property
  • Past and future medical bills
  • Physical impairment or disfigurement
  • Loss of enjoyment of life
  • Emotional distress
  • Pain and suffering

 

You could file an insurance claim or sue the individual responsible for your relative’s injuries. If you choose to file a lawsuit, you must initiate the case within the two-year statute of limitations. That means you have two years from the date of the injury to file if you want to seek compensation through the courts.

Nursing Home Abuse Statistics

Approximately one out of six people at least 60 years old experience abuse in the United States. Elder abuse rates are high in places like nursing homes and long-term care facilities. Two in three staff members admitted to committing abuse against a patient.

According to the National Center for Victims of Crime, the complaints of elder abuse break down as follows:

  • Physical abuse – 27.4%
  • Gross neglect – 15.3%
  • Financial exploitation – 7.9%
  • Sexual abuse – 7.9%
  • Psychological abuse – 19.4%
  • Physical or sexual resident-on-resident abuse – 22.1%

 

In Riverside County, there were 1,196 reported cases of elder abuse in 2018. That number represents an eight percent increase from the previous year. Unfortunately, abuse often goes unreported. Many nursing home patients fear retaliation from their abusers or that no one will believe their allegations. The number of incidents is likely much higher than the statistics shown.

Why Choose OnderLaw ?

The Riverside nursing home abuse attorneys of OnderLaw have represented injured victims since 2002. We are one of the top-rated law firms in the country. Martindale-Hubbell recognized us for our hard work and dedication with an AV® rating. We also received awards from various organizations, such as Super Lawyers, the Million Dollar Advocates Forum, and the National Trial Lawyers.

When you hire OnderLaw , you will receive the personalized attention and services you deserve. We treat every client as a priority. Providing accident victims with the support and guidance they need is important to us. You deserve to have someone by your side to fight for justice.

We understand the financial implications of nursing home abuse. You and your loved one might struggle to afford their physical therapy, prescription medications, and other expenses. We will take your case on contingency to relieve the economic burden you face. We won’t expect payment of our legal fees unless we recover compensation for you. We also offer a free initial consultation, so you receive the legal advice you need to make an informed decision.

Contact Us

OnderLaw dedicates the necessary time, resources, and effort to meet every client’s needs and reach a favorable outcome. You can find relief from knowing that you will be in qualified and capable hands. We handle every aspect of nursing home abuse cases so you can focus on getting your loved one the care they need.

If your family member sustained injuries from abuse at a nursing home, call us for a free consultation. One of our Riverside nursing home abuse attorneys will be happy to discuss the incident and determine your legal options. We can help you and your loved one get on the road to recovery.