Is a Loved One Experiencing Nursing Home Abuse?
San Jose Nursing Home Abuse Lawyers Are on Your Side
As the elderly population in America continues to grow, nursing homes and assisted living facilities are becoming a necessary choice for more and more people. However, these facilities often put profits over people, which has created an epidemic of care provider owners and operators cutting corners in their budget in an attempt to increase their overall profit. Unfortunately, this leads to unsafe facilities, poor staffing choices and even the unnecessary death of residents. This type of elder abuse and neglect is unfortunately common in our country, but there are ways to prevent and protect yourself or a loved one in an unsafe nursing home.
Whether the abuse or neglect is physical, mental or financial, the victim is often embarrassed or confused about the situation and may not report it to friends or family. The attorneys at Needham Kepner & Fish, LLP have years of experience in helping elderly clients in the Bay Area who have been abused or neglected at nursing homes and other assisted living facilities. We build a solid case against the facilities by focusing on the facts. If a nursing home or assisted living facility is abusing you, a loved one or another resident of a long-term care home, then we can help hold the proper parties responsible.
How Do I Stop Nursing Home Abuse and/or Neglect?
Many people believe that if nursing home abuse and/or neglect exists at a loved one’s facility, they would say something, but often that is not the case. Often, residents (especially Alzheimer’s and dementia patients) are targeted because they are not healthy enough to communicate effectively. At other times, they may be scared or ashamed to talk about what they have been experiencing. In extreme cases, they may have even been threatened by their abuser to keep silent about what is happening to them or face the consequences.
There is no easy way to stop nursing home abuse and/or neglect without the help of an experienced professional. If you suspect abuse and/or neglect, then it is important to document as many signs as possible on your own. If possible, ask the care providers specific questions prior to making any accusations. Keep detailed records of potential abuse and/or neglect by taking photographs of injuries or unsuitable living conditions and by writing down your loved one’s healthcare routine, required medications and anything else out of the ordinary. Once you feel like you have collected enough evidence to prove improper care is taking place, it may be time to report what you have seen.
When Should I Report Nursing Home Abuse and/or Neglect?
If you believe that a loved one is in immediate danger, then it is imperative to remove them from the situation as soon as possible. Once he or she is in a safe place, it important to know that you have limited time to file a claim in time to produce sufficient legal action. Statutes of limitations are the limited amount of time after an incident in which an individual can file a suit. The length of time varies based on the type of injury and the type of facility where the abuse and/or neglect took place.
Due to the fact that laws and regulations regarding nursing homes are complex and vary from state to state, it is important to consult with one of our San Jose nursing home abuse lawyers as soon as possible. A thorough investigation takes time — the more time taken to search for evidence, the stronger your case will be. For these and other reasons, it is important to file a nursing home abuse claim sooner rather than later. A detailed case is vital when facing a nursing home or assisted living facility, especially given that they will most likely retain their own legal team to protect against such allegations.
What Are the Signs of Abuse and/or Neglect at a Nursing Home or Assisted Living Facility?
If you suspect that your loved one has been abused and/or neglected in California, then it is highly recommended that you contact experienced San Jose nursing home abuse lawyers as soon as possible. Elder abuse laws in California prohibits any form of physical, psychological or financial harm against patients in senior care facilities. If you notice any of the following signs of elder abuse and/or neglect, pursue legal help immediately:
- Bed sores
- Unexplained bruises or cuts
- Injuries from falls
- Emotional volatility
- Withdrawal from social interaction
- Sexual assault
- Instances of wandering from the facility
- Rapid weight loss or gain
- Reluctance to speak when staff members are within earshot
- Unexplained or unexpected death of another resident
- Poor hygiene
- Unexplained changes in behavior
Neglect is considered abuse under the California Elder Abuse and Dependent Adult Civil Protection Act. Financial abuse is also considered a form of elder abuse, and can be as simple as a hospital staff member who steals toiletries from residents or as complicated as investment fraud.
Suffering Elder Abuse? We Represent Seniors in San Jose and the Surrounding Areas
If your loved one is in danger due to nursing home abuse, then you have no time to waste. The attorneys at Needham Kepner & Fish LLP are available for weekend and evening meetings with Bay Area clients. We have decades of experience representing victims throughout California, including in Santa Clara, Alameda and San Mateo counties.
To schedule a free consultation, call us today at (408) 956-6949 or fill out our online form. We handle injury cases on a contingency fee basis, which means that you pay us nothing unless you recover compensation. Contact us today to see how we can help you.