Nursing home abuse is a problem that far too many elderly people face. The number of older adults in nursing homes and assisted living facilities is growing as Baby Boomers and subsequent generations enter their senior years. Overcrowding and understaffing in these facilities, among other reasons, have led to a steady increase in nursing home abuse cases.
If your loved one was abused in a nursing home, you should act as soon as possible to hold that facility accountable. A San Francisco nursing home abuse lawyer can help you investigate and file a lawsuit to pursue compensation for your losses. Call Ben Crump Law, PLLC today at (800) 712-9119 for a free consultation about your case.
Why Nursing Home Abuse Occurs
According to the National Council on Aging, elderly people who have been abused have a 300% higher risk of death than those who are not abused. Clearly, this is an issue that should not be ignored.
There are several reasons why nursing home abuse may be becoming more frequent. There is a serious understaffing problem throughout the industry, and many nursing facilities struggle to get enough qualified staff members to handle the number of residents they have. This often creates a stressful environment where staff members are overworked and unable to provide the level of care that they should.
Another problem is compensation. Many nursing home staff members are underpaid for the number of hours they work and the type of work they do. Sadly, some staff members turn to financial abuse and other forms of abuse in response to their stress and frustration.
If your loved one is in a facility where the staff seems understaffed or overworked, keep a close watch on the level of care your loved one is receiving. You may be able to see the warning signs of nursing home abuse and respond in time to put a stop to it.
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Statutes of Limitations
Nursing home abuse can go undetected for some time, depending on how severe the abuse is and the physical and mental capabilities of the elderly resident. If you discover that your loved one is being abused in a nursing home, it is important to take action right away. You may choose to file a lawsuit against the abuser and possibly the nursing home to recover compensation for your loved one’s injuries and pain and suffering. If so, you want to do this as soon as possible because the statute of limitations will limit how long you have to file your lawsuit.
In California Courts, nursing home abuse falls under the medical malpractice statute of limitations. This statute has two clauses with separate time limits based on the situation. If you discover that your loved one is being abused in a nursing home, you have one year from the date that you find out about the abuse to file your lawsuit. This is important because it may take some time for you to find out that your loved one is being abused. You also have three years from the date the abuse actually happened to file your lawsuit. This means that if your loved one was abused two years ago, you only have one year left to file the lawsuit.
Balancing the two clauses in the statute often depends on your situation. A San Francisco nursing home abuse lawyer can review your case and determine the best way for you to proceed. Call Ben Crump Law, PLLC today to learn more about your legal options.
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Determining Liability
For your case to be successful, you will have to determine who is liable for the abuse. The nursing home staff member who committed the abuse is almost always held liable. However, there is a chance that the facility can be held liable as well. If the facility knew about the abuse and did not take steps to prevent it, then it failed to provide the level of service and protection for its residents that it was required to. In some cases, the facility may create an atmosphere where abuse is permitted or encouraged. If there is evidence that the facility was involved or negligent in some way, you can file a lawsuit against the facility as well.
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Investigating Nursing Home Abuse
If you are your loved one’s caretaker, then you can personally investigate the care they are receiving in their nursing home facility. Carefully observe what is happening when you visit the facility and ask staff members any questions about your loved one’s care. If the facility refuses to provide information, this is often a red flag that something is amiss.
If you believe your loved one is being abused, you can recruit help for your investigation. Law enforcement and legal representatives can delve into the situation more thoroughly. Contact a San Francisco nursing home abuse lawyer for help with this process.
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Seek Legal Help Now
If your loved one experienced abuse in a nursing home, you can take legal action on their behalf. Once you have moved your loved one to a safer place, you can file a lawsuit to recover any expenses related to the abuse, such as moving costs and medical treatments. A judge might also award punitive damages or compensation for pain and suffering, which can provide additional support for your loved one.
Dealing with the physical and emotional ramifications of nursing home abuse is never easy, but seeking compensation for your loved one’s injuries can help you provide them with better care. A San Francisco nursing home abuse lawyer can review your case and help you fight for the justice your loved one deserves. Call Ben Crump Law, PLLC today at (800) 712-9119 to schedule a free consultation with our team.
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