When someone you love has dementia or Alzheimer’s and can no longer care for themselves at home, memory care facilities provide low stress living environments for individuals with these conditions without the high level of medical intervention and supervision provided in nursing homes.
Families can rest assured knowing that their loved ones can have a certain level of independence while still receiving the care they need, and residents can enjoy the assistance of their care team when they need it.
Unfortunately, memory care facilities do not always provide the level of care guaranteed to residents of long-term care facilities under state statutes, which may lead to accidents that result in injuries. If your loved one suffered serious or fatal injuries in an accident, a Los Angeles memory care facility accident lawyer can help you seek compensation. Contact Pintas & Mullins Law Firm today at (800) 794-0444 for responsive legal assistance.
How Accidents Occur in Memory Care Facilities
Accidents in memory care facilities can take place as a result of neglect. When care staff does not provide adequate care, resources, and supervision, residents may attempt to resolve their own concerns and end up hurt. The National Consumer Voice for Quality Long-Term Care describes neglect as the failure to provide care to prevent harm or the failure to intervene in a potentially harmful situation.
In some cases, this may include a lack of help with personal hygiene, using the toilet, mobility, and eating and drinking. Regarding residents with dementia or Alzheimer’s, it may also involve the facility’s failure to keep those with memory care needs safe from dangerous wandering episodes and other potentially harmful behavior that can result from the confusion and agitation associated with their conditions.
Types of Evidence that May Prove Liability in Your Case
Families of memory care facility residents who experienced accidents because of staff neglect may find it difficult to establish the liability of the facility, but a lawyer can help gather the appropriate evidence to prove that they acted negligently. Some of the types of evidence a lawyer may use to help build your case include:
- Surveillance video
- Staffing schedules
- Resident files
- Resident medical history
- Witness testimony
- Facility measures in place at the facility
If the facility in which your loved one suffered an injury blamed understaffing for resulting in the accident, this may serve as evidence of a violation of legal requirements and may also help you with your case.
For a free legal consultation with a Los Angeles Memory Care Facility Accidents Lawyer serving Los Angeles, call (800) 794-0444
You May Qualify for Financial Recovery
Memory care facility abuse and neglect do not only result in physical and emotional pain, but the effects of the injuries suffered by residents can lead to serious financial losses for them and their families.
If your loved one’s injury in a Los Angeles memory care facility led to financial distress, our lawyers can help you determine if you qualify for compensation, which may include recovery for medical expenses as well as pain and suffering, such as mental anguish or loss of consortium. If your loved one suffered fatal injuries, you may also pursue compensation for funeral and burial expenses.
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California Statutes of Limitations on Memory Care Facility Accident Claims
If you wish to file a claim against a long-term care facility, you must do so in the amount of time allotted by the state, known as the statute of limitations. California Code of Civil Procedure (CCP) §335.1 typically allows victims and certain family members to file personal injury or wrongful death suits for the serious or fatal injury resulting from neglect at the facility.
Some cases involve exceptions to the statute of limitation, but our lawyers recommend getting started as soon as possible.
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The Prevalence of Abuse and Neglect Among Older Adults
Based on recent data, the National Center on Elder Abuse (NCEA) estimates that approximately 1 in 10 adults aged 65 and older suffers from elder abuse. Even though Adult Protective Services (APS) agencies in many states reveal a continued increase in reports of elder abuse, much of it still goes unreported. Research suggests that elder abuse may occur as often as child abuse in the United States, particularly in long-term care facilities.
Elder Abuse in California
According to the Division of Medi-Cal Fraud & Elder Abuse (DMFEA), The United States Census Bureau estimates that California’s elderly population will reach 6.4 million by 2025, and the number of those who require long-term care will double between 2010 and 2030.
Unfortunately, the agency recognizes that California has a documented problem with abuse and neglect in long-term care facilities, including the overmedication of residents with dementia and Alzheimer’s to induce a subdued state.
In 2009, 13% of all complaints to the California Office of the State Long Term Care Ombudsman involved exploitation, abuse, or neglect, a rate more than double the national average.
Deficiencies in Los Angeles Area Long-Term Care Facilities
Abuse and neglect in long-term care facilities can lead to serious and sometimes deadly injuries, and a Los Angeles memory care facility accident lawyer can help you hold the facility that failed to provide adequate care for your loved one accountable. Contact the legal team at Pintas & Mullins Law Firm to start on your free case evaluation.
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Contact Us for Legal Assistance
Long-term care facilities have an obligation to protect the health and safety of all residents, and if their failure to do so led to your loved one’s injury, a Los Angeles memory care facility accident lawyer can help you pursue the financial recovery you deserve. Contact Pintas & Mullins Law Firm today at (800) 794-0444 to speak with our legal team about taking the next step in your case.