San Diego Injury Law Center Elder Abuse Lawyers
Fighting for the rights of Elder Abuse victims.
San Diego Injury Law Center Elder Abuse Lawyers provide legal advice for those going through difficult times following the report of Elder Abuse. San Diego Injury Law Center feels it’s important to educate our clients about the dangers of Elder Abuse and Elder Neglect as well as their legal rights.
What is Elder Abuse?
Elder Abuse sometimes referred to as Elder Neglect, makes a victim of the vulnerable elderly who often rely on caretakers, friends, and even family members to tend to their daily needs. Daily needs include, but are not limited to feeding, hygiene, and sometimes shifting the person in bed. When neglected and left to care for themselves, these elderly residents are virtually helpless, and that isolation can often be overwhelming. Elder Abuse and neglect takes on many forms, including physical, mental, and financial injuries. Further, these injuries can be the result of recurrent conduct or one single injury-producing event.
Why Does Elder Abuse Happen?
Elder Abuse is becoming more and more common. In most cases the reason is because of the living conditions at nursing homes. Nursing home injuries are more predictable than injuries that occur in the home. This is due to business decisions made by corporations that make millions of dollars each year. These decisions place the business ahead of the people they are supposed to be caring for, which frequently result in nursing home injuries. These injuries often occur due to simple neglect, abuse, or understaffed facilities and poorly trained employees. If your loved one has suffered abuse and injuries in a nursing home contact San Diego Injury Law Center today for a free legal consultation. San Diego Injury Law Center has been litigating complex nursing home injury cases for more than twenty years.
What Rights Do Residents of Nursing Homes Have?
A resident in a nursing home has the right to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. A nursing home that participates in the Medicare program gives rights under statute. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws.
What Qualifies as “Neglect” in Nursing Home Settings?
Neglect of an elder person in a nursing home is defined as the failure to provide him or her with services essential to health and safety, such as food, clothing, supervision, and medical care. Depending on the case these failures may either be neglect or abuse.
Why are Neglect and Abuse Common in Nursing Homes?
Several reasons can often contribute to the abuse or neglect of nursing home residents, including poorly trained and unqualified staff, inadequate numbers of staff and, reluctance of residents to report abuse out of embarrassment or fear. Unfortunately, many living in nursing homes are unable to properly communicate instances of nursing home neglect and abuse because of their physical or mental state.
San Diego Injury Law Center Elder Abuse Lawyers
San Diego Injury Law Center Elder Abuse Lawyers have a depth of experience in dealing with nursing homes. Residents of nursing homes oftentimes rely on the facility to tend to all of their daily needs, from feeding to shifting in bed to personal hygiene. The sense of helplessness that they feel when these needs are not promptly met can be overwhelming. San Diego Injury Law Center Elder Abuse Lawyers understand that adverse health issues, stress, and anxiety can make it fearful to talk with an attorney. San Diego Injury Law Center lawyers will use their experience and compassion to help you overcome the neglect and abuse that you or a family member may have experienced. San Diego Injury Law Center recognizes the elder abuse and neglect problem in San Diego. In California in 1991 the State Legislature passed the Elder Abuse and Dependent Adult Civil Protection Act (known as “EADACPA” or the “Act”). This legislation not only prohibits nursing home abuse and neglect, but it also allows victims to recover past and future medical expenses, attorney’s fees, and pain and suffering damages. Further, a person who suffers injury in violation of this Act can also be awarded enhanced or punitive damages against the facility.
How Can San Diego Injury Law Center Elder Abuse Lawyers Help?
Although the laws governing elder abuse and neglect cases provide victims with many avenues for recovery, proving a case of elder abuse and neglect under the provisions of EADACPA is extremely challenging for the average personal injury attorney. Therefore, it is critical for a victim of elder abuse to retain an attorney with extensive knowledge regarding elder abuse and neglect laws, and one with experience in litigating these types of cases. San Diego Injury Law Center Elder Abuse Lawyers meet both of these criteria. Our knowledgeable and experienced team of legal professionals work tirelessly to build elder abuse and neglect cases by thoroughly reviewing medical records so as to completely understand our client’s injuries, hiring medical experts to determine exactly how the facility failed to uphold their obligations and ensuring all responsible parties are held accountable.
San Diego Injury Law Center Elder Abuse Lawyers pride themselves on being diligent advocates for victims of injuries that result from elder abuse and neglect. If you or a loved one wishes to pursue an elder abuse or neglect claim, contact our San Diego office to arrange a consultations with one of our elder abuse and neglect lawyers to discuss your legal options. San Diego Injury Law Center Elder Abuse Lawyers can offer knowledgeable and experienced advice on how to best protect your legal rights, don’t hesitate call our firm at 619-338-8230. We are happy to discuss your legal options. Initial consultations are always free of charge.
If your loved one has been the victim of elder abuse, we can help you. San Diego Injury Law Center Elder Abuse Lawyers specialize in helping victims and their families throughout San Diego County under the California Elder Abuse and Neglect Act.