As they advance in age, veterans may move into nursing homes where they can receive help with daily activities. Veterans who suffered injuries from their time in war may be struggling with age-related disease along with mobility issues or other challenges. In the event that an older adult veteran does not receive the care they deserve in a nursing home facility, the nursing home may be liable for negligence.
If you or your veteran loved one suffered injury due to neglect or abuse in a nursing home, you may be eligible for financial compensation. It is essential to consult a San Diego veterans neglect and abuse lawyer who will assess your case’s details and advise you regarding your legal options. Start by making an appointment for a free case review with one of our personal injury attorneys at (800) 842-6336.
Risks of Neglect and Abuse for Veterans in Nursing Homes
After the experiences of war, some veterans may be more likely to develop the symptoms of PTSD. A diagnosis of PTSD requires exposure to the threat of death or violence and can be treated with a variety of therapies, according to the Mayo Clinic.
If an older adult veteran requires psychological services for symptoms connected to PTSD, anxiety, or depression, their nursing home facility should be aware of such needs. In the event that nursing home facilities fail to offer reasonable care based on these needs, they may be found negligent.
Additionally, when any of these psychological care needs are combined with combat-related injuries and the co-morbidities of aging, older adult veterans may need more attention and help from nursing home caregivers. Sight or hearing impairments, loss of limbs, or other injuries may make veterans dependent on skilled nursing care.
However, if a nursing home is understaffed, veterans may not receive enough attention as required by law. If nursing home staff are insufficiently trained in working with older adults who have psychological needs, they also may be unprepared to deliver a high quality of care to those requiring such services.
California and Federal Laws on Veteran Nursing Home Abuse
In March 2010, the federal government enacted the Elder Justice Act within the Patient Protection and Affordable Care Act. This law authorized federal funds to prevent and control elder neglect, abuse, or exploitation. Out of this law, many strategies were initiated to help different professionals to identify and respond to elder exploitation and abuse.
According to the Veteran Health Administration (VA), directives are in place stating that veteran care facilities should have policies to identify, evaluate, treat, and refer veterans in their care. These policies should include reporting of veteran abuse and neglect. They should comply with the applicable state and federal laws.
The laws and directives above provide many protections against elder abuse. If your loved one is an older adult veteran who suffered an injury, you can consult an attorney about your suspicions. Based on the facts of your case, the attorney can advise you on the best way to proceed in the pursuit of justice for yourself or your loved one. An attorney can also help with the steps involved to ensure the nursing home corrects the conditions which led to the abuse.
San Diego veterans neglect and abuse lawyers can tell you about any other local or state laws that may apply to your loved one’s case.
For a free legal consultation with a Veterans Neglect and Abuse Lawyer serving San Diego, call (800) 842-6336
Recoverable Awards for Veteran Abuse
If you can show that the nursing home staff’s negligence led to your loved one’s injuries, you may be able to file a lawsuit. You may receive compensation for both tangible and intangible losses. Some of these include:
- Medical costs and/or expenses
- Cost of rehabilitative care
- Physical pain and suffering
- Emotional distress, among others
If the nursing home or liable staff member intentionally caused harm resulting in serious injuries or death to the resident, the court may award punitive damages. This is an award to punish wrongdoers in especially severe cases.
A lawyer can speak with you more about losses that you may be able to recover in your loved one’s case. A lawyer can also talk with you about the forms of documentation that may be required to demonstrate negligence on the part of the nursing home.
Keep in mind that in the state of California, there is a limited amount of time to file a personal injury claim. According to the California Code of Civil Procedure (CCP) §335.1, you have up to two years to do so.
San Diego Veterans Neglect and Abuse Lawyer Near Me (800) 842-6336
A San Diego Veterans Neglect and Abuse Lawyer Can Help
According to the law, nursing homes are meant to provide support for all residents who need help with daily living activities. They must provide adequate care to ensure that their residents live with dignity and reasonable comfort, including quality hygiene standards and protection from common risk factors.
If a nursing home attempts to understaff a facility or fails to adequately train or screen staff upon hiring, residents’ care may suffer. While the process of reporting and holding the nursing home accountable may seem daunting, with a lawyer by your side, you can have guidance with every step of the process.
If your loved one suffered an injury due to nursing home neglect, you have a right to pursue legal actions. By consulting our San Diego veterans neglect and abuse lawyer, you can explore options to hold those who hurt your loved one accountable.
Pintas & Mullins Law Firm works based on contingency fees, which means that we only get paid after we settle a case. There are no up-front fees required to get started.
We can evaluate your case with a free call. Reach out to Pintas & Mullins Law Firm by calling (800) 842-6336 today.