If you have a spouse, parent, or other loved one in a nursing home in Long Beach, California, or elsewhere, it is possible that they may be a victim of elder abuse or neglect.
One in every ten people over 60 years of age experiences elder abuse, according to the National Council on Aging. If you suspect that you or your loved one may be one of these victims, you deserve justice, and you may be legally entitled to financial compensation for the mistreatment.
The Long Beach nursing home abuse lawyer at Ben Crump Law, PLLC, could be able to help you get the recompense you deserve. Contact us at (800) 712-9119 for a free consultation on your legal options and to learn more about how we can help.
Nursing Home Regulations
Both private and public nursing home facilities are subject to state and federal regulations on nursing care, which are designed to protect nursing home residents, ensure their proper care, and prevent mistreatment. California Health & Safety Code (HSC) § 1276.5 states that the minimum number of nursing hours provided to each patient in a skilled nursing care facility must be at least 3.2 hours per day. To comply with this law, a nursing home must employ enough nurses, nursing assistants, aides, orderlies, and other personnel to properly care for every resident, every day.
Federal law 42 USC § 1395i-3 explains that a nursing home must do everything they can to promote the quality of life for their patients. Providing the maintenance and quality of life each resident needs involves many different tasks and actions, but one federal regulation is that each resident must have a thorough assessment of their needs and an individual care plan based on those needs.
When nursing home staff members fail to fulfill residents’ care plans, it may be a form of abuse or neglect. The National Consumer Voice for Quality Long-Term Care explains that abuse means causing intentional pain or harm, and neglect is the failure to care for someone in a manner that would prevent pain or harm.
Many nursing home residents suffer from abuse, neglect, or both. The most common reason for mistreatment in nursing homes is understaffing or poorly trained staff. There can never be an excuse for abuse or neglect, however. If you believe that you or your loved one in a nursing home suffers from any type of mistreatment, you should contact a Long Beach nursing home abuse lawyer for help.
For a free legal consultation with a nursing home abuse lawyer serving Long Beach, call 800-712-9119
Legal Recourses for Nursing Home Abuse
The Office of the Attorney General (OAG) encourages everyone to report suspected elder abuse in nursing homes and provides a list of resources for reporting abuse. Reporting your suspicions may help you or your loved one in a nursing home receive the care they deserve.
An attorney can also help you find adequate care as well as compensation for suffering from abuse or neglect in a nursing home. At Ben Crump Law, PLLC, our Long Beach nursing home abuse lawyer can listen to your concerns, explain your legal options, and advise you on the best way to react to nursing home abuse.
Our legal team may be able to help you receive financial compensation for you or your loved one’s mistreatment by pursuing a civil lawsuit. We can file a personal injury or wrongful death lawsuit, investigate the nursing home’s practices, collect evidence of their abuse or neglect, review medical records, obtain expert testimony, and aggressively pursue the justice and recompense that you deserve. Reach out to us today to get started with a free consultation.
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Warning Signs of Nursing Home Abuse
Elder abuse in nursing homes can be physical, emotional, verbal, psychological, or other forms. If you suspect abuse in your loved one’s nursing home, consider these common warning indicators of nursing home abuse:
- High staff turnover
- Unclean facilities or residents
- Unanswered phone or call lights
- Significant emotional or physical changes in your loved one
- Withdrawal, depression, or anxiety
- Fear of or desire to avoid certain caretakers
- A feeling of uneasiness when you visit
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Act Quickly When You Suspect Abuse
Reporting the known or suspected abuse of your loved one or anyone in a nursing home as soon as possible is important. Not only do you want to be sure the resident begins to get the care they deserve, but acting quickly may also be crucial if you hope to take legal action.
In California, both personal injury and wrongful death lawsuits have a two-year statute of limitations, according to California Code of Civil Procedure (CCP) § 335.1. If you miss this deadline, you could lose your right to file a lawsuit or recover financial damages, so it is best to contact an attorney for help right away.
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Recoverable Damages for Nursing Home Abuse
When you suffer harm because of someone else’s actions or their negligence, you have the legal right to pursue financial compensation for your suffering and losses. If your loved one dies, you can also pursue compensation on their behalf and for your suffering over their loss. The types of damages you could be able to recover for nursing home abuse in California include:
- Medical treatment expenses
- Residential facility expenses
- Burial or funeral expenses
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of support
- Loss of guidance
- Other costs or losses
At Ben Crump Law, PLLC, our team will help you identify and calculate all the damages you may be entitled to as well as aggressively pursue them on your behalf. Since we work on contingency, we never charge you any fees unless we can obtain a financial settlement for you, so you know we will do everything we can to help you and your loved one.
Our Long Beach nursing home abuse lawyer and the rest of our team at Ben Crump Law, PLLC are devoted to helping victims receive the justice, care, and compensation that they have a right to. Call us at (800) 712-9119 to begin with a no-cost, no-obligation consultation.
Call or text 800-712-9119 or complete a Free Case Evaluation form