Contact an Elder Abuse Lawyer Today
Discovering that a loved one may have suffered abuse or neglect in a nursing home can be overwhelming. Families trust care facilities to provide safe, professional treatment for elderly residents, and when that trust is broken the consequences can be devastating.
At The Law Offices of Nigel Burns, our firm represents families throughout Los Angeles whose loved ones have been harmed by nursing home neglect, caregiver abuse, or improper supervision. Los Angeles elder abuse lawyer Nigel Burns helps victims and their families pursue justice against negligent nursing homes and assisted living facilities that fail to protect vulnerable residents.
When elder abuse occurs in a nursing home, the facility and responsible staff members may be held legally accountable. These cases often involve issues such as understaffing, lack of training, poor supervision, or failure to provide proper medical care. An experienced Los Angeles elder abuse attorney can investigate what happened and help families pursue compensation and accountability through the legal system.
If you suspect that your loved one has been harmed in a nursing home or care facility, speaking with an attorney can help you understand your legal options and protect your family member’s rights.
What is Elder Abuse?
Elder abuse is any action or non-action that leads to the harm of an elderly person or that puts them at serious risk of harm. The staff of a nursing home must provide a legally defined standard of care to their patients.
Neglect is a serious problem in many nursing homes. The failure of professional carers to act when they should act can lead to serious injury and even death. If your loved one has suffered from abuse and neglect, you have a case to make against the nursing home.
Types of Elder Abuse
Elder abuse comes in a variety of forms. Physical, sexual, emotional, and financial abuse and exploitation are just a few of its manifestations. It is not always easy for elders to report what they have suffered. A recent study indicates that elders are more likely to report financial exploitation than physical, emotional, or sexual abuse.
It is up to you to watch out for the signs of such abuse. And it is up to you to hold the nursing home accountable. Here are some of the kinds of abuse that elderly people suffer and warning signs that you should look for:
- Physical abuse
Elder physical abuse is the intentional use of force against an elderly person that causes them harm. The following signs may indicate that your elderly loved one is being physically abused:
- Discomfort from the elder toward certain individuals
- Repeated hospitalization for the same injury
- Poor explanations for an injury
- Trips to different emergency rooms to avoid suspicion
- Withdrawal from social activities
- Sexual abuse
Sexual abuse is unwanted sexual contact of any kind. This includes sexual contact with an elder who suffers from dementia, Alzheimer’s, or any other condition that prevents them from giving consent. Elders can be sexually abused by anyone, including other residents, nursing home staff, or other family members and friends.
Here are the warning signs:
- Bleeding from anus or genitals
- Bruised genitals or inner thighs
- Sexually transmitted disease
- Panic attacks
- Difficulty walking or sitting
- Social withdrawal
- Suicide attempts
- Torn, bloody, or stained undergarments
- Psychological and emotional abuse
This type of abuse is meant to inflict mental fear, pain, and distress on an elderly person. If you notice the following, then your loved one may suffer from it:
- Visibly disturbed or scared
- Cannot sustain eye contact
- Inability to eat or sleep
- Low self esteem
- Mood swings
- Suicidal thoughts
- Neglect
Elder neglect is the result of a failure to protect a senior from harm or to meet their basic needs. Neglect is not the same thing as an honest oversight or mistake. It is the result of systematic carelessness and a complete disregard for the health, safety, and well-being of an old person in care.
The nursing home in which your loved one lives must provide the following basic care or they can be held accountable for elder neglect:
- Clothing
- Hygiene
- Medical care
- Food and drink
- Regular exercise and recreational activities
- Shelter and protection from danger
Neglect is the most common type of elder abuse. It is especially high in nursing homes in which carers are overworked and underpaid.
Elderly people can also suffer financial abuse when in care. In fact, this is the most subtle and insidious form of abuse because it is not always easy to detect. If you notice a sudden and significant drop in your loved one’s bank account or a surge in check writing, you may want to dig further. Certain con-artists become nursing home carers so that they can get close to elderly people and defraud them of their savings and pensions.
How a Lawyer Can Help
Los Angeles lawyers specialize in getting justice for people who have been abused in nursing homes. Elder abuse lawyers in Los Angeles know how to conduct the kind of investigation that will produce the evidence needed to prove your case. Nursing home neglect attorneys know how to interview elderly people so that they tell the truth about what was done to them. They also know how to speak to members of staff in order to learn the scale and scope of the abuse.
You should report any nursing home neglect you notice. You should hire lawyers for elder abuse and neglect before you report the abuse. And if your lawyer is able to gather enough evidence of wrongdoing, filing a lawsuit against a nursing home for negligence is your best option.
The case may not get to court. The nursing home may prefer to settle rather than engage in a protracted legal struggle, as is what happens in civil cases. Suing a nursing home for neglect will allow your lawyer to subpoena documents and take depositions. This will provide them with the facts they need to pressure the nursing home to offer a good settlement. Contact our family law attorney today!