According to the National Council on Aging (NCOA), there are about five million elderly people who get abused every year. Many of these older adults live in nursing homes, which means they are being harmed by those who are paid to care for them. If your loved one lives in a nursing home, you probably don’t want to think of the idea that they would ever get harmed while there. However, if you do see evidence of physical abuse, it’s best to seek the counsel of an attorney right away.
One evident sign of physical abuse is if your loved one has unexplained bruises on their body. If you have seen such evidence, you may feel shocked or in utter disbelief. Your loved one deserves to live in dignity and be treated with respect. No one should be suffering at the hands of another. This is a case of nursing home abuse, and speaking with a lawyer at Pintas & Mullins Law Firm is the place to begin. As you and your loved one start the healing process from this ordeal, Pintas & Mullins Law Firm will start the recovery process for your losses.
You and your loved one can focus on recovering from the trauma as your San Diego bruises lawyer moves forward with your case. If you’re concerned about payment, don’t worry about that right now. We don’t take any fees upfront and only charge after we collect the settlement.
Get in touch with us and receive a free case consultation. Call now at (800) 842-6336 and get started on your case.
Abuse at Nursing Homes
No one can hardly imagine someone harming a vulnerable elderly person. However, the sad reality is that it does happen at times. Seniors living in nursing homes don’t have many defenses either, so they are more apt to suffer abuse and not say anything. Older people may be more susceptible to abuse also because of their frailty and reduced cognitive ability.
There are different forms of abuse a nursing home resident may endure, such as physical abuse, sexual abuse, neglect, verbal abuse, emotional abuse, and financial abuse. The Centers for Disease Control and Prevention (CDC) states the following about physical abuse:
“Physical abuse is when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force and includes acts such as hitting, kicking, pushing, slapping, and burning.”
Why do nursing home staff engage in such horrific acts? This is difficult to comprehend. There is no excuse for this action. Not only is it criminal, but you also have the right to expect financial compensation. Some reasons physical abuse may occur are:
- The staff was not thoroughly screened when hired
- The staff has mental health issues
- Resident-on-resident violence
- The staff cannot control temper
Understanding the Law and Your Rights
As mentioned above, physical abuse of an elderly person is a criminal act, which is written out in California’s Penal Code. There are two penal codes that address this — one for assault and one for 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.”
PEN §242: “A battery is any willful and unlawful use of force or violence upon the person of another.”
If your loved one has unexplained bruises, you deserve to know why. However, it’s best not to confront the nursing home staff because they may try to cover over any impropriety. By working with a San Diego bruises lawyer, you can potentially achieve the best outcome and financial resolution.
No matter how a physical abuse incident occurred in a nursing home facility, your loved one has rights under the law to file for damages. Under the law, in California, you must file in a timely manner, following the provided statute of limitations. California’s Code of Civil Procedure (CCP) §335.1 states that you have up to two years to file a claim.
For a free legal consultation with a San Diego Bruises Lawyer serving San Diego, call (800) 842-6336
What to Do Next in Cases of Physical Abuse
When your loved one is in this delicate situation, you may feel helpless. Of course, your loved one’s safety is paramount. However, it’s not always easy to up and move someone to a brand-new environment immediately. Finances may be an issue, and you may have a contract with the current nursing home. However, when working with a lawyer, they will ensure you have options for relief.
Since the situation is so delicate in nature, your attorney will work discreetly and quickly to settle with the facility, thereby bringing the situation to a resolution. This allows you to place your loved one in a safer situation, or the matter may be resolved with the removal of the person at fault. The main thing is that you and your loved one will have choices. A San Diego bruises lawyer can fight to obtain justice and compensation for your family.
San Diego San Diego Bruises Lawyer Near Me (800) 842-6336
Connect with a San Diego Bruises Lawyer
At Pintas & Mullins Law Firm, we work with clients to resolve these difficult situations. We understand that life is confusing right now, and we’re here to help put things back on track. There’s no need to suffer any longer. With the help of a San Diego bruises lawyer by your side, you can trust that your loved one will find peace of mind. Contact us for a free consultation, and we’ll fight for you to get a fair settlement for the damages incurred. Call (800) 842-6336.