When you decide to move a loved one into a nursing home, it can be a difficult transition for everyone involved. You want your loved one to have access to the best care and resources throughout their stay. Unfortunately, this is not always the case. If you suspect a family member is experiencing physical abuse while residing in a nursing home facility, you have a right to take action.
At Pintas & Mullins Law Firm, we understand the worry and frustration you are likely feeling after placing your trust in such a nursing home. Our goal is to limit any further harm to your loved one and your family. You should not have to shoulder the cost of treatment or damages if nursing home staff caused your loved one physical harm.
Get started with a free consultation today by contacting a San Diego physical abuse lawyer with Pintas & Mullins Law Firm. Call (800) 842-6336 today.
Understanding Elderly Abuse
Nursing home facilities care for those who require assistance with their daily activities and medical needs. They provide many services to approximately 1.3 million residents in the United States. According to the Centers for Disease Control and Prevention (CDC), there are 15,600 nursing homes with 1.7 million beds. These numbers show the vast amount of residents relying on these facilities to maintain their safety, yet reports of elderly abuse are not uncommon.
Sometimes abuse is easy to recognize, and other times, it may be more complex or hidden. However, the law is clear in defining the abuse of an elderly person. According to the California Welfare & Institutions Code (WIC) §15610, elderly abuse can include abandonment, neglect, isolation, deprivation of care that could limit physical or mental suffering, financial abuse, and physical harm.
You may wonder if you can hold a nursing home facility liable if your loved one suffers physical abuse while residing there. Fortunately, the law is on your side regarding the abuse of an elder. You have every right to expect your loved one to receive quality care while in a nursing home facility. As the “care custodians,” the staff at these facilities are responsible for a number of roles, and causing or allowing physical harm goes directly against these responsibilities.
The Role of Nursing Home Staff
The role that the staff in nursing homes play can vary depending on the particular needs of each resident. They are caretakers, nurses, comforters, and more. Some services you can expect your loved one to receive at a nursing home include:
- Help with bathing and getting dressed
- Medication management
- Assistance with appointments, including scheduling and transportation
- Preparation of nutritious meals
- Physical therapy
- Changing the linens on the bed and washing the laundry
- Social interaction and mental stimulation
When a nursing home adheres to the right policies and employs enough qualified and compassionate staff members, it can be a great asset to you and your loved one. Failure to do so can cause irreparable harm.
If you have a suspicion that there is some physical abuse occurring with your loved one, get in touch with a San Diego physical abuse lawyer at Pintas & Mullins Law Firm. We can help resolve the issue so that your loved one obtains a fair settlement for injuries incurred.
For a free legal consultation with a San Diego Physical Abuse Lawyer serving San Diego, call (800) 842-6336
Physical Abuse at Nursing Homes
Abuse is more common in nursing homes than many expect. The residents’ dependency on the caretakers makes them vulnerable, leaving an open door for abuse to occur. This can create a dangerous dynamic. As residents come to rely on their caretakers, it might be hard for them to speak up if something goes wrong.
As such, it is critical to keep an eye open for suspicious behavior and actions. Some red flags you may look out for include the following:
- Your loved one has unexplained bruises or marks on their body
- The staff tries to keep you from seeing your loved one
- Your loved one seems stressed or upset but refuses to talk about it
- The staff acts odd when you are around
- Your loved one often complains of pain
These and other signs may indicate that something is amiss with your loved one. If you suspect your loved one is suffering from abuse, there are steps you can take.
San Diego San Diego Physical Abuse Lawyer Near Me (800) 842-6336
Pursuing a Physical Abuse Case
If you are unsure about the next steps to take when you suspect abuse, you are not alone. It can be difficult to know how to proceed without causing further harm to your loved one or your case.
One of the best steps you can take is to document any evidence you come across. For example, if you see bruises, scratches, cuts, pinch marks, or other signs of physical abuse on your loved one, write it down along with the date. Take pictures, if you can. Your loved one may or may not feel comfortable talking about the situation. If so, make sure to take note of this, as well.
You do not have to take on the nursing home or staff member on your own. A San Diego physical abuse lawyer can take this evidence and work to build a case on your family’s behalf. An attorney can also help you navigate the statute of limitations in your case. When filing a suit against a nursing home facility, you must do so in a timely manner. California Code of Civil Procedure (CCP) §335.1 indicates that you have up to two years to file a personal injury lawsuit under these circumstances.
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At Pintas & Mullins Law Firm, we fight for victims of elderly abuse. We believe all victims have the right to recover compensation if they have suffered physical abuse. No one should be exempt from paying damages for the harm they have inflicted. Get in touch with our firm for a free case consultation. Call (800) 842-6336 now.