When nursing home abuse occurs, it threatens the health and lives of the residents under a home’s charge. It does not help that nursing homes are dangerously understaffed either, according to Health Service Insights.
This also means the chances of your loved one becoming a victim of nursing home abuse are high. If you suspect that your loved one may be suffering from abuse in Santa Ana, contact Ben Crump, PLLC, today at (800) 712-9119 for a free case evaluation. Our Santa Ana nursing home abuse lawyers are standing by to help you and ensure that your loved one does not suffer further harm.
Filing a Santa Ana Nursing Home Abuse Lawsuit
The first step you should take when you want to file is contacting a Santa Ana long-term care ombudsman from the California Department of Aging to help you process your investigative claim. Ombudsmen train to assist residents and their families in approaching nursing homes that have issues with providing the day-to-day care they should by law.
Some types of nursing home abuse include:
- Physical abuse: Hitting, slapping, and unnecessary physical restraint.
- Sexual abuse: Non-consensual sexual activity, touching, kissing, and penetration.
- Psychological abuse: Taunting, name-calling, and isolating.
- Financial exploitation: Sometimes, a caretaker will manipulate a resident into giving them their financial information. This is more common for those residents who suffer from cognitive diseases, such as dementia and Alzheimer’s.
- Neglect: This happens when a caretaker either refuses or does not have the time to give a resident the attention and help they need. This often results in malnutrition, dehydration, and even bedsores and bruising from not being able to move into another position.
Some signs of abuse include:
- Bruises
- Broken bones
- Depression
- Dehydration
- Malnutrition
- Bedsores
- Poor hygiene
- Strange bank transactions
- Missing personal items
- Behavior changes
- Mood changes when certain people come around
Pay attention to changes you may notice in a loved one. This is the first line of defense in getting the help they may need. Do not ignore their small cries for help either. Some abusers threaten their victims, and as a result, they feel scared, so they may try to do other things to let you know they are being hurt.
Proving Negligence
When you file a lawsuit for nursing home abuse, you will more than likely be filing against the nursing home. The facility has a duty of care to make sure their employees are doing their job and that the facility’s residents are safe. There are also federal and state laws in place, such as 42 U.S. Code § 1395(b)(1)(A), that state nursing homes must keep their establishments upheld in a way that promotes “maintenance or enhancement of the quality of life of each resident.”
Furthermore, if they become complacent and negligent in any way, they must be held responsible. Sometimes, it may not be the caretaker who is the guilty party, either.
According to the National Center on Elder Abuse (NCEA), not enough research is available. Still, resident-on-resident abuse is a growing concern which the World Health Organization (WHO) shares that an estimated one in six residents reported abuse in a community setting in 2019.
Time Limits to File Your Lawsuit
You have two years from the incident or one year from discovering the injuries or death to file a personal injury and wrongful death lawsuit. If you fail to do so, you may forfeit your right to compensation.
Furthermore, when you file against a nursing home, an in-depth investigation needs to occur. Because abuse is a crime, you may need to go to trial, too. We will prepare you to do what we need to within the law to prove negligence and get the compensation you deserve, even if you need to go to trial.
For a free legal consultation with a nursing home abuse lawyer serving Santa Ana, call 800-712-9119
Our Santa Ana Nursing Home Abuse Lawyers Are Ready to Help
We understand the pain and suffering these situations can cause, and you should get the help you need. Enlisting our team of Santa Ana nursing home abuse lawyers can help ensure that you can provide security for your loved one.
If the abuse they suffered caused death, you deserve peace of mind during these trying times. We can follow through with the whole process as your representative. We can keep you updated on changes and news as they arise while you mend emotionally and deal with the loss. Contact Ben Crump, PLLC, today. We are here to help when you are ready to file.
Santa Ana Nursing Home Abuse Lawyer Near Me 800-712-9119
Compensation for Your Losses
Various forms of compensation may come into play when dealing with a nursing home claim or suit. Some of the compensation entitlements for your family for nursing home abuse may include:
- Pain and suffering
- Medical bills
- Loss of wages
- Emotional distress
- Funeral costs
- Attorney’s fees
- Inconvenience fees, such as transfers and alternative care needed during the transfer
Click to contact our Santa Ana Personal Injury Lawyers today
Call Ben Crump, PLLC, Today to Help You File
Our Santa Ana nursing home abuse lawyers are here for you to help file and manage your case. These are trying times, and there are a lot of layers involved when suing a nursing home. We want to make sure your loved one is not hurt further, and by you facing the accused, you may be saving a life.
Call Ben Crump, PLLC, today at (800) 712-9119 for a free consultation. We also work on contingency fee plans, so you will not pay until we win your case.
Call or text 800-712-9119 or complete a Free Case Evaluation form
