When your loved one goes to a nursing home facility to live there, the possibility of abuse is likely the last thing on your mind. You might be thinking that they will now get the around-the-clock services and care they need. Although this is true in many cases, there are instances in which residents suffer at the hands of their caretakers.
If you suspect your loved one has experienced verbal or emotional abuse from the caretakers at the nursing home, you can take action to protect your loved one. Not only can you report the abuse to a government agency, but you can also seek compensation for your loved one’s damages.
A San Diego verbal or emotional abuse lawyer at Pintas & Mullins Law Firm may be able to build your case and represent your family in these matters. We advocate for victims of abuse and negligence. We will walk beside you during this difficult time and manage all the various tasks that go into preparing a solid case. You can return your focus to the wellbeing of your loved one and let us take over the legal work.
Take the next step and contact Pintas & Mullins Law Firm today to discuss your case. We offer free consultations when you call (800) 842-6336.
Nursing Home Facts
Care facilities such as nursing homes account for approximately 1.7 million beds, according to the Centers for Disease Control and Prevention (CDC). There are about 1.3 million residents who fill these beds across 15,600 nursing homes. These facilities are responsible for providing a whole host of services to their residents. Some of the services include:
- Aiding in preparations for the day and night, including getting dressed, bathed, and put to bed
- Medication management
- Meal preparation
- Laundry care
- Transportation to appointments
- Therapy
However, with all the good that they are supposed to do, some nursing homes do not provide residents with the care they need. Nursing homes should be a place of comfort and care, but when abuse occurs, they become places of fear and suffering.
How Nursing Home Abuse Occurs
Nursing home residents make up a highly vulnerable population of older adults who are susceptible to abuse. This is likely because they often lack the physical capacity to defend themselves. Moreover, if they were to try and defend themselves, the caretaker could easily withhold care from them. This delicate situation puts the caretaker in a position of power, as the residents rely on the staff in these facilities for their day-to-day care and sustenance.
When you think of abuse, you might think of physical harm. Yet, there are many different types of abuse that may occur in these facilities. For instance, verbal and emotional abuse may be more common, as it is more likely to go unnoticed.
You can talk to your loved one if you suspect they are experiencing verbal or emotional abuse and reassure them that help is available. A San Diego verbal or emotional abuse lawyer may be able to help you hold the facility and its staff responsible for this behavior. Reach out to Pintas & Mullins Law Firm today.
For a free legal consultation with a San Diego Verbal or Emotional Abuse Lawyer Lawyer serving San Diego, call (800) 842-6336
Legal Rights in a Nursing Home Abuse Case
California Penal Code (PEN) §368, states that abuse of an elder is a crime. The penal code defines such abuse as the infliction of unjustifiable pain and mental suffering, withholding care, willfully endangering a person’s health, or causing bodily injury or death.
If your loved one has suffered from verbal or emotional abuse, this meets the criteria set forth by the law, thereby allowing your loved one to file a suit for damages. It may also warrant a formal investigation into the nursing home facility, which is subject to state regulations.
Verbal and Emotional Abuse in Nursing Homes
According to the law stated above, verbal and emotional abuse causes mental distress or suffering to the person receiving it. Your loved one deserves to have caretakers that treat them with kindness, integrity, and respect. If someone is berating or insulting your loved one, it can constitute emotional abuse. Unfair treatment and discrimination may also fall under emotional abuse. Other examples of this type of abuse include:
- Name-calling.
- Intimidation.
- Threats.
- Talking in a condescending tone.
- Blaming and criticizing.
Statute of Limitations for Nursing Home Abuse Lawsuits
When filing a civil case against a nursing home facility due to abuse, you must be mindful of the state’s statute of limitations. California statute Code of Civil Procedure (CCP) §335.1 states that you have up to two years to file a personal injury lawsuit.
If you miss the deadline to file, you may lose your right to pursue a court award for damages. Your verbal or emotional abuse lawyer can help you ensure that you follow the protocol in your case for a timely lawsuit.
San Diego San Diego Verbal or Emotional Abuse Lawyer Lawyer Near Me (800) 842-6336
Connect with a San Diego Verbal or Emotional Abuse Lawyer
Pintas & Mullins Law Firm offers legal support to victims of abuse and neglect in nursing homes. When you contact a verbal or emotional abuse lawyer from our firm, we will investigate the details of your case. Our investigation may include interviewing witnesses of the abuse if necessary and working to negotiate a fair settlement in your case.
If we are not able to reach a settlement, one of our lawyers can represent you in the courtroom. We may also work with expert witnesses to support your case with testimony.
At Pintas & Mullins Law Firm, we are here to get you and your family through this difficult time. Contact us for a free consultation by calling (800) 842-6336 today.
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