As your loved ones age, you want to ensure they receive the best possible care and attention in their nursing home. Unfortunately, cases of nursing home neglect and abuse are all too common in Newport Beach and across California. When this happens, it’s crucial to have an experienced Newport Beach nursing home neglect and abuse lawyer on your side to fight for justice and compensation.
At Libra Law Firm, we understand the physical and emotional toll that nursing home mistreatment can take on residents and their families. Our compassionate team, led by attorney Sultana Kelantan, is dedicated to protecting the rights of nursing home residents and holding negligent facilities accountable for their actions. Contact us for a free consultation and get top-quality legal help. Call Libra Law Firm at (888) 565-3214 today.
Understanding Nursing Home Neglect and Abuse
Nursing home neglect and abuse can take many forms, ranging from physical and emotional abuse to neglect of basic needs like food, water, and medical care. Some common examples include:
- Physical abuse: Hitting, shoving, or using unnecessary force against residents
- Emotional abuse: Verbal assaults, threats, humiliation, or intimidation
- Sexual abuse: Any non-consensual sexual contact or exploitation
- Neglect: Failure to provide adequate nutrition, hydration, hygiene, or medical care
- Financial exploitation: Misusing or stealing a resident’s money or possessions.
These actions can have devastating consequences for nursing home residents, leading to physical injuries, emotional trauma, and a significant decline in their overall well-being.
Signs of Nursing Home Neglect and Abuse
It’s essential to be aware of the potential signs of nursing home neglect and abuse, as residents may be unable or unwilling to report the mistreatment themselves. Some common indicators include:
- Bed sores
- Unexplained bruises, cuts, or injuries
- Sudden weight loss or dehydration
- Poor hygiene or unsanitary living conditions
- Emotional withdrawal or depression
- Unusual financial transactions or missing belongings.
If you notice any of these signs or have concerns about the care your loved one is receiving, it’s crucial to take action immediately.
California Nursing Home Abuse Laws
Nursing homes in California are subject to stringent legal regulations aimed at preventing abuse and neglect of residents. The California Department of Public Health’s Licensing and Certification Division oversees nursing care facilities and enforces compliance with state and federal laws regarding proper patient care. Key requirements under California nursing home laws include:
- Ensuring residents’ physical, mental, and medical well-being
- Preventing avoidable decline in residents’ health
- Providing medical treatment to maintain or improve residents’ health
- Allowing residents freedom of choice while providing necessary care and services
- Meeting specific licensing standards under Title 22 of the California Code of Regulations and other applicable laws.
Nursing homes that accept Medicare, Medicaid, or Medi-Cal payments must adhere to these laws and regulations. The strict legal framework governing nursing homes in California underscores the importance of protecting vulnerable residents from abuse, neglect, and substandard care.
Facilities that violate these laws may be held accountable through civil lawsuits filed by residents or their families. Get the help of our experienced Newport Beach nursing home neglect and abuse lawyer to see the best legal recourse for you.
California’s Elder Abuse Act
California’s Elder Abuse and Dependent Adult Civil Protection Act (“Elder Abuse Act”) defines the types of cases that may arise from elder abuse and neglect. Under this law, elder abuse encompasses “physical abuse, neglect, abandonment, isolation, abduction, or other treatment that results in harm, pain or mental suffering.” The Elder Abuse Act outlines several key forms of mistreatment:
- Negligence: This occurs when caregivers’ conduct falls below the recognized standard of care, resulting in injury, illness, or death to the resident. Negligent conduct alone is grounds to sue a nursing facility.
- Physical abuse: This is any intentional infliction of injury or physical pain, including sexual assault or molestation.
- Neglect: This refers to the failure of caregivers to protect elders from health and safety hazards. Neglect occurs when necessary care and treatment are not provided to maintain a resident’s well-being.
The Elder Abuse Act provides important legal protections for nursing home residents and their families. An experienced attorney can pursue claims and compensation under this law when a facility’s negligence or intentional misconduct causes harm.
Why Choose Libra Law Firm?
At Libra Law Firm, we have a deep understanding of the legal issues surrounding nursing home neglect and abuse cases. Our team has years of experience representing victims and their families, and we have a proven track record of success in obtaining substantial settlements and verdicts. Here’s what sets us apart:
- Extensive experience: Our attorneys have extensive experience handling nursing home neglect and abuse cases in Newport Beach and throughout California. We are deeply familiar with the relevant laws and regulations, and we know how to build strong cases to maximize your chances of success.
- Personalized attention: At Libra Law Firm, we treat each client as an individual, not just a case number. We take the time to understand your unique situation and tailor our legal strategies to your specific needs and goals.
- Aggressive advocacy: We are not afraid to take on even the largest nursing home facilities and their legal teams. Our attorneys are skilled negotiators and litigators, and we will fight tirelessly to ensure that your loved one’s rights are protected and that you receive the compensation you deserve.
- Compassionate representation: Naturally, if you or your loved one has been mistreated, it can be an emotional and confusing time for the whole family. Our team provides considerate support throughout the legal process, providing consistent communication and connecting you with helpful resources.
- No upfront fees: We understand that nursing home neglect and abuse cases can be financially burdensome. That’s why we’ll only charge a contingency fee, meaning you won’t owe us any legal fees until we successfully recover compensation for you.
Newport Beach Nursing Home Abuse Attorney Handling Various Cases of Elder Abuse
The elder abuse lawyers at Libra Law are well-equipped to handle civil claims against:
- Nursing homes
- Assisted living facilities
- Hospices
- Elder care administrators
- Elder care staff members
- Home care personnel
- And more.
If you suspect your older family has suffered in the hands of care staff or a care facility, please don’t hesitate to talk to us. You may be questioning the signs and symptoms you’re seeing, or you may be reluctant to speak up against the nursing home. But for your loved one’s protection and well-being, it’s always best to voice your concerns.
Our attorneys at Libra Law are experienced in this arena and can provide sound legal guidance on what you should do next. If you have a case, we are ready to represent you. Your consultation with us is free and confidential.
Nursing Home and Elder Abuse Frequently Asked Questions (FAQs)
Can I sue a nursing home for neglect or abuse?
Yes, you can file a civil lawsuit against a nursing home for neglect or abuse. In California, nursing homes have a legal duty to provide a reasonable standard of care to their residents. If they fail to meet this duty and a resident is harmed as a result, the nursing home can be held liable for damages.
What damages can I recover in a nursing home neglect or abuse case?
In a successful nursing home neglect or abuse case, you may be able to recover damages for medical expenses, pain and suffering, emotional distress, loss of quality of life, and other related losses. In cases of egregious neglect or abuse, punitive damages may also be awarded to punish the nursing home and deter future misconduct.
How long do I have to file a nursing home neglect or abuse lawsuit?
In California, the statute of limitations for nursing home neglect or abuse cases is generally two years from the date of the incident or the discovery of the abuse or neglect. However, there are exceptions and variations depending on the specific circumstances of the case, so it’s important to consult with an experienced attorney as soon as possible.
How much does it cost to hire a nursing home neglect and abuse lawyer?
It does not cost anything to consult with and hire Libra Law Firm for your nursing home neglect or abuse case. Through our contingency fee billing, we won’t charge you any legal fees unless and until we win compensation for you. We’ll only take a percentage of the settlement or verdict amount, so you don’t have to worry about upfront costs or hourly rates.
How long does a nursing home neglect or abuse case take?
The length of a nursing home neglect or abuse case can vary depending on the complexity of the case and whether it goes to trial or is settled out of court. Some cases may be resolved in a matter of months while others can take a year or more. Your attorney will keep you informed throughout the process and work to resolve your case as efficiently as possible.
What should I do if I suspect nursing home neglect or abuse?
If you suspect that your loved one is being abused or neglected in a nursing home, it’s important to take action immediately. Here are some steps you can take:
- Document any signs of neglect or abuse, such as injuries, poor living conditions, or changes in behavior.
- Report the suspected neglect or abuse to the appropriate authorities such as the nursing home administration, the California Department of Public Health, or law enforcement.
- Contact an experienced Newport Beach nursing home abuse attorney to discuss your legal options and protect your loved one’s rights.
How can I help prevent nursing home maltreatment, neglect, or abuse?
While it’s not always within your power to prevent nursing home abuse or neglect entirely, there are steps you can take to reduce the risk:
- Research nursing homes thoroughly before choosing one for your loved one.
- Visit your loved one regularly and be attentive to their care and living conditions.
- Encourage your loved one to report any concerns or mistreatment.
- Stay involved in your loved one’s care and communicate regularly with nursing home staff.
- Be aware of the signs of neglect or abuse and take action if you have any concerns.
If You Notice Signs of Elder Abuse on Your Loved One, Contact Libra Law Firm Immediately
If you or a loved one has been a victim of nursing home neglect or abuse in Newport Beach, don’t hesitate to contact Libra Law Firm. Our dedicated attorneys, led by Sultana Kelantan, are here to fight for your rights and ensure that you receive the justice and compensation you deserve. Call us today at (888) 565-3214 for a free, confidential consultation. We’ll listen to your story, evaluate your case, and provide you with the compassionate legal representation you need during this difficult time.
