No one likes to think their loved one could be getting harmed while residing in a nursing home facility. Whether it’s intentional, accidental, or through neglect, it is devastating if a loved one gets hurt.
According to the National Center on Elder Abuse (NCEA), there were more than 14,000 abuse complaints sent to the National Ombudsman Reporting System in 2014, and elder abuse goes severely underreported.
If your loved one has recently suffered from a bone fracture or break, you may be wondering what happened. You have a right to ask questions and demand answers. Your loved one deserves protection while in a nursing home facility. They should be carefully monitored while they are there.
When they get seriously hurt, you may be unsure about what to do next. However, it’s best to take action right away before further complications arise. You may have a nursing home abuse or neglect case.
A bone fractures and breaks lawyer at Pintas & Mullins Law Firm might be able to help you recover the financial damages.
At Pintas & Mullins Law Firm, we provide our clients with legal advice and a suite of services. Our long-standing reputation has earned us the trust of many clients. We are ready to earn yours.
See how a San Diego bone fractures and breaks lawyer can help you in a free case consultation. Also, you don’t have to pay any fees until we collect on your behalf. Call now at (800) 842-6336 and get started.
Broken Bones and the Elderly
As we age, many factors make us more susceptible to getting broken bones. For one thing, older adults fall more easily. The Centers for Disease Control and Prevention (CDC) states 20% of elderly adults fall each year in the United States. These falls cause more than 30,000 deaths each year.
As you can see, older adults are at a higher risk of falling, which can lead to broken bones and fractures. Older adults may fall easier because they may have a harder time seeing or walking. They also could have reduced balance or cognitive abilities. All of these things can play a part in older adults falling.
Another factor that leads to broken bones in the elderly is that our bones lose density as we age, making them more prone to breaking. Osteoporosis is a problem that can cause broken bones in older adults.
Consequently, older adults must be protected and watched over more carefully to ensure they are safe from falling. They also need to have adequate nutrition and exercise to ensure healthy, strong bones.
Broken Bones in Nursing Homes
You may wonder how your loved one could get a bone fracture or break while residing in a nursing home. As mentioned above, if your loved one is not carefully monitored, a slip and fall accident may occur, causing a broken bone. When this occurs, it can be heartbreaking.
Some reasons a loved one may incur a bone fracture or break while residing in a nursing home include:
- Staff was not watching your loved one closely
- No fall prevention measures are in place
- A slippery floor caused a fall
- Your loved one suffered from malnutrition
- Your loved one was physically abused by staff or another resident
- The floor was not kept clear but was cluttered
Any of these reasons are grounds for filing a personal injury claim with the help of a San Diego bone fractures and breaks lawyer. Pintas & Mullins Law Firm can ensure your case is handled discreetly and professionally. We can negotiate a settlement on your behalf.
For a free legal consultation with a San Diego Bone Fractures and Breaks Lawyer serving San Diego, call (800) 842-6336
Laws in California Concerning Nursing Home Abuse and Neglect
If your loved one suffered from physical abuse, then the law is quite clear in California. The Penal Code 240 describes assault, and Penal Code 242 describes battery. These codes state the following:
Penal Code (PEN) §240: “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Penal Code (PEN) §242: “A battery is any willful and unlawful use of force or violence upon the person of another.”
In addition, if neglect was a factor, you still have the law on your side. With the Federal Nursing Home Reform Act of 1987, residents in nursing homes are protected from abuse and neglect, and they are entitled to a healthy and safe environment. This Reform Act put forth rules that nursing home facilities must abide by.
If your loved one was neglected or left in an unsafe place so that falling was likely, the nursing home facility is responsible. A lawyer will be sure to file your claim promptly, following the statute of limitations pursuant to the California Code of Civil Procedure (CCP) §335.1. This code allows victims of personal injury two years to file a claim.
San Diego San Diego Bone Fractures and Breaks Lawyer Near Me (800) 842-6336
Connect with a San Diego Bone Fractures and Breaks Lawyer
You may be wondering what to do next. Of course, you must seek medical help for your loved one since they are suffering from a bone fracture. Document all your costs, including your extra costs traveling. Contact a lawyer to begin the process of filing a report so you can ensure your loved one’s safety.
At Pintas & Mullins Law Firm, we work to ensure the process is as simple as possible while you navigate this difficult situation. Our bone fractures and breaks lawyer is ready to talk to you about your case. Contact us for a free consultation, and we’ll ensure you get a fair settlement for the damages incurred. Call a member of our team at (800) 842-6336 today.