If your loved one endured abuse in their memory care facility, you have legal options. The lawyers of Pintas & Mullins Law Firm are dedicated to helping residents and their families hold the appropriate parties accountable for their wrongful actions.
Memory care facility administrators and staff often fail to monitor and safeguard those who need the greatest level of protection. A lack of supervision and neglect can lead to residents wandering away from their facilities, developing life-threatening medical conditions, falls, and other harmful occurrences. Failing to properly monitor residents can also result in abuse of residents that goes unnoticed, whether in the form of physical, mental, financial, or sexual abuse.
Awards in Memory Care Facility Abuse Claims
Forms of compensation in memory care facility abuse claims are generally the same as those available in general personal injury claims. Awards that may be available in these abuse claims can include both general and special awards. They are designed specifically to “compensate” the victims for their injuries, as CIV §3333 expressly authorizes.
General awards refer to those that compensate an injury victim for general wrongs that may not easily be expressed in monetary terms. While these awards can vary significantly from one case to the next, they can include compensation for:
- Physical pain and suffering
- Emotional distress and trauma
- Loss of companionship by spouses
- Permanent scarring and disfigurement
Special awards, on the other hand, refer to concrete economic losses whose intent is to return the injury victims to the same economic status that they were before the abuse. This compensation might include medical bills from injuries suffered due to abuse, as well as the costs of medical treatment in the future. If the injuries prove to be fatal, then you may be eligible to seek compensation for burial and funeral costs for your loved one.
Furthermore, financial losses due to abuse in memory care facilities may result in an award of attorney fees under WIC §15.657.6. A San Francisco memory care facility abuse lawyer can be instrumental in ensuring that you and your family claim all possible forms of compensation through this claim.
Time Limitations on Memory Care Facility Claims
CIV §335.1 places limitations on when injury victims and their families must file their claims for injury or death caused by the wrongful acts or neglect of others. They must file their claims within two years of the date that they occurred.
Some situations may extend or shorten these time limitations. For instance, if the memory care facility is part of a public entity, GOV §911.2 requires that you give the entity proper notice of your claim within six months of the date that the abuse occurred. Likewise, if your loved one has suffered from financial abuse while in a memory care facility, you may have as long as four years to file your claim for compensation under WIC §15657.7.
As a result, taking swift action as soon as you discover abuse to your loved one can be crucial. Otherwise, you may be unable to file any claims for compensation.
Dementia and Abuse in Caregiving Facilities
The Alzheimer’s Association reports that in 2020, more than 5.8 million people were living with Alzheimer’s dementia in the U.S. This figure does not include others who are suffering from other types of dementia not attributable to Alzheimer’s disease. Therefore, one out of every ten American who is age 65 and older. By 2050, the number of people suffering from Alzheimer’s-related dementia could be 13.8 million or more.
The National Center on Elder Abuse (NCEA) has gathered significant research studies and statistics on the abuse of adults with dementia. According to this research, a substantial portion of adults with dementia, ranging from 27.5 to 55%, experience some form of abuse. As the severity of dementia or cognitive impairment increases, so does the risk of abuse, most commonly resulting in verbal abuse, physical abuse, and neglect.
NCEA further points out that a lack of reporting and documenting of abuse happens primarily due to impairments in memory, communications, and judgment in dementia patients. An inability to report or even recognize abuse can be key to the suspected underreporting of abuse to these individuals.
Holding Memory Care Facilities Accountable for Resident Abuse
When family members entrust their loved ones with Alzheimer’s disease or other forms of dementia to memory care facilities, they assume that their family members will receive specialized quality care. The last thing they expect is that those they trusted to protect their loved ones abuse them or cause them harm.
By enlisting the help of a San Francisco memory care facility abuse lawyer, you may be able to prevent other people from suffering similar abuse in the future. A memory care facility has a legal duty to keep your loved ones safe from harm. This includes a duty to monitor their actions to avoid self-harm and to proactively protect them from abuse.
Reach Out to Our Firm to Get Started
When a memory care facility fails to meet this duty of reasonable care, the lawyers of Pintas & Mullins Law Firm are here to help. Call us today at (800) 842-6336 and start the process of holding memory care facilities to the high standard of care that they should be exhibiting toward all residents.