Nursing Home Neglect Lawyer California

If your loved one has been the victim of neglect in a California nursing home legal action can be taken to protect their rights. It is necessary to employ an experienced firm. You can reach us at (800) 816-1529.

If your family member has been neglected in a California nursing home, you must retain a personal injury attorney from our firm immediately.

Attorney for California Nursing Home Neglect Victims.

• If your loved one has been neglected in a nursing home in the state of California, you should immediately stop reading and call our law firm at (800) 816-1529 Ext. 1 for a free telephone consultation. We will let you know over the phone if we believe you have a case and if we can assist you.
• If we believe we can help you, and you decide to retain us, we can sign you up electronically through your smart phone, tablet, or computer.
• If your loved one does not have health insurance or a primary care physician, we can immediately refer them to a qualified doctor in their area for medical care. (Yes, even if they lack health insurance)
  • Yes, all of this can be accomplished with a single phone call to our law firm. We make every effort to simplify the process for you.

California Nursing Home Abuse & Neglect Attorney

Attorneys in California Pursue Those Responsible for Neglect and Abuse in Nursing Homes

We hold nursing homes and the staffs who care for elderly and disabled adults to the highest standards of excellence, requiring levels of professionalism that extend beyond basic accommodations. In accordance with these expectations, California law requires facilities and their teams to strictly adhere to the obligation to provide proper care to the individuals under their care. Some nursing homes and assisted living facilities are understaffed, underfunded, and poorly managed, which is an unfortunate reality. Abuse and neglect of vulnerable victims in nursing homes can result in injuries and even death.

Our elder abuse and neglect attorneys at The Law Office of Norman Gregory Fernandez & Associates give a voice to nursing home abuse victims who might otherwise remain silent. We are committed to advocating for vulnerable individuals who sustain injuries due to negligence, irresponsibility, or even malice. Our attorneys have extensive experience assisting victims and their families in California to obtain compensation from unscrupulous facilities. We combat nursing home abuse because no one should experience injustice and humiliation at the hands of their caregivers.

California Statutes Regarding Nursing Home Abuse and Neglect

Under California law, victims have multiple options for addressing nursing home abuse or neglect, including filing a police report and notifying the California Department of Aging. However, these alternatives do not compensate for the victim’s losses. To recover compensation for injuries caused by nursing home negligence, a claim must be filed against the facility, typically through its insurance provider.

The Elder Abuse and Dependent Adult Civil Protection Act stipulates that a victim may recover compensation, attorney fees, and other damages by demonstrating that a nursing home committed acts of physical abuse, neglect, or financial abuse. In this type of case, four essential elements must be established:

You must demonstrate that the nursing home had a duty to provide reasonable care in light of the circumstances. This obligation may be stipulated in a contract between the resident and the facility, but it is also included in California’s statute governing licensing requirements for healthcare facilities.

1. Duty of due care by the facility
2. Breach: It must be demonstrated that the nursing home breached its duty of care through acts of negligence, recklessness, oppression, fraud, or malice.
3. Causation: There must be a causal connection between the violation and the injuries you or a loved one sustained, such that you would not have been harmed in the absence of the violation. An injury caused by a different factor is insufficient.
4. Damages: You must demonstrate that you or a loved one suffered a loss as a result of the nursing home’s conduct and are entitled to compensation.

Abuse types and warning indicators in nursing homes

In some instances, it is easy to identify signs of nursing home neglect or abuse; in others, the injuries are concealed by clothing or are of an emotional nature. Regardless, it is crucial to recognize the warning signs in order to take immediate action:

• Abusive behavior can be physical, sexual, or psychological. Physical abuse is the intentional infliction of pain or suffering on an elderly or disabled person, or their restraint. Physical abuse may be indicated by bruises, cuts, or scrapes, bone fractures, bed sores, and injuries from falls. Sexual abuse victims may contract sexually transmitted diseases or become pregnant at a younger age. Mood swings, outbursts that are out of character, anger, and withdrawal from others may be indicators of emotional abuse.

• Neglect is also variable, as it can range from forgetting to administer medication to placing a victim in a dangerous environment. Accidents in nursing homes are frequently the result of neglect, where the behavior violates the standard of care, even if it was an accident.

• It may be difficult to detect financial exploitation or abuse if you do not have access to the victim’s bank accounts or other assets. Still, you should be wary of situations in which the victim cannot pay their bills or, under suspicious circumstances, allows someone to handle their banking.

Claiming Compensation for Damages

Under California law, it is possible to file a lawsuit for nursing home neglect or abuse against:

• A person employed as a caregiver, such as a nurse, orderly, nursing assistant, or a comparable position;

• Administrators or managers of nursing homes who are accountable for effectively supervising their teams; and/or

• The owners or operators of the nursing home, under specific conditions.

A person with legal standing to file a lawsuit would be the victim or, in the case of incapacity, his or her family. If you are successful in establishing each of the four aforementioned elements, you may be able to recover compensation for:

• physical suffering and pain;

• emotional anguish and distress; and

• The cost of necessary medical treatment for the victim’s injuries.

In some cases of nursing home abuse, it may be possible to recover punitive damages, but only if you can demonstrate that the conduct was malicious. The state of California defines malice as the deliberate infliction of harm or engaging in despicable behavior with conscious disregard for the safety of others. This element requires “clear and convincing” evidence, which is a higher standard of proof than “preponderance of the evidence.” There is no cap on punitive damages in California, but the amount must be proportional to the victim’s injury.

Trust Your Claim to a California Nursing Home Neglect and Abuse Attorney

Under California law, if you or a loved one sustained injuries due to negligence or intentional conduct in a nursing home, you may have a claim for nursing home neglect and abuse. There is no justification for taking advantage of vulnerable victims, and our attorneys at The Law Office of Norman Gregory Fernandez & Associates pursue those who commit or permit abuse with vigor. To schedule a free, no-obligation consultation, please call our toll-free number 800-816-1529 or visit our website.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your nursing home neglect case and transmit it to our office.