According to the National Center on Elder Abuse in California, there are millions of elderly Americans living in nursing homes. The abuse numbers are over three million people. The California nursing home abuse lawyer can give a voice to the victims of abuse, and they need to come out and voice their complaints. If the victims have a successful lawsuit, they become eligible for compensation.
Every nursing home that neglects its duties can be held responsible because such incidences end up harming the resident or patient. California law requires that the nursing home facilities provide adequate care and strictly comply with their duties as care individuals.
However, some nursing homes end up not complying with the rules and many homes are underfunded, poorly managed, understaffed, and have unfavorable living conditions.
Nursing Home Law on Neglect and Abuse in California
You can file your case with the police or the California Department of Aging. After filing your lawsuit with either of the two bodies, you also need to file a claim with your insurance company. It is a sure way for you to get compensation for nursing home abuse and neglect. Below are the required elements for the success of your case.
It is the responsibility of the nursing home to provide the necessary care to its residents. You will need to establish these details through a written contract between the patient and the nursing home facility. However, California’s statute has stipulated guidelines for licensing requirements by healthcare facilities.
Breach of contract at the nursing home includes negligence, carelessness, fraud, and medical malpractice.
There needs to be evidence that were it not for the misconduct or negligence, you or your loved one would not have suffered the abuse. Meaning, you will need to show the link between the breach of duties and the damages.
You will need to show the losses or damages suffered by you or your loved one. It has to be due to the nursing home’s misconduct, which entitles you to compensation.
Types of Abuse and Damages by the Nursing Home
There are many incidences that justify filing a lawsuit against a nursing home for abuse. Whether it be physical abuse with the evidence hidden under clothing, emotional abuse, or financial abuse, it is crucial to note any warning signs of such damages to take proper action against the nursing home.
Poorly Maintained Premises
If the facility is poorly maintained, it can cause a lot of harm to the resident. You can file a lawsuit against facilities that are not favorable to human health. In many instances, these premises are likely directly neglected by the nursing home staff.
Abuse can take many forms, including emotional, physical, financial, or even sexual abuse. Physical damage occurs when you have pain and suffering caused by bruises, cuts, scrapes, bedsore, or fractures. Sexual abuse can result in sexually transmitted diseases, while emotional abuse includes mental torture, withdrawing from others, anger, mood swings, or outbursts.
Inadequate Medical Treatment
This occurs when the nursing home doesn’t offer the necessary treatment to the resident or medical malpractice occurs by the medical staff at the nursing home.
Filing for Damages Caused
The damages to be compensated to the victim can include the following:
- Medical bills
- Hospital expenses
- Medical equipment
- Emotional distress
- Physical pain and suffering
- Lawsuit costs including attorney fees
Trust a Lawyer with Your Case
Lawsuits can be complicated, especially if you don’t have adequate knowledge of all the required elements. You may need to involve an experienced lawyer in California to help you in handling the lawsuit. It is a crucial step to ensure that the case filed favors you or your loved one and you get your compensation.