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Los Angeles Nursing Home Abuse Lawyer

Nursing homes should give you peace of mind when it comes to caring for your elderly loved one. They are designed to provide high-quality long-term care to those who can no longer take care of themselves. Sadly, not all nursing home residents enjoy the safety and peace that they deserve in nursing homes in Los Angeles. Nursing home neglect and abuse endanger the lives of thousands of residents who suffer under unacceptable conditions and criminal behaviors by staff members.

If you or a loved one is a victim of nursing home abuse, contact a compassionate Los Angeles nursing home abuse lawyer at Rose, Klein & Marias LLP at (213) 626-0571. Our experienced nursing home abuse attorneys can hold nursing homes accountable for their wrongful acts and the grave injustices suffered by residents. We can assist you with the legal processes necessary to achieve justice and financial compensation.

Why Trust Rose, Klein & Marias With Your Nursing Home Abuse Claim?

  • We have years of experience handling all types of personal injury cases, including nursing home abuse and neglect claims. We’ve been helping individuals and families since 1936.
  • We are dedicated and compassionate injury attorneys who put our clients first. We will personalize our legal services to suit your unique needs and case goals.
  • Our Los Angeles nursing home abuse attorneys work hard to achieve the results that our clients need to get their lives back on track and move forward. We’ve recovered more than $5 billion for our clients.
  • We offer free initial consultations and accept clients on a contingency fee basis. This means we only charge attorney’s fees if we win.

What Is Nursing Home Abuse?

Nursing home abuse refers to staff members or administrators at a long-term care or living facility intentionally inflicting physical, mental, emotional or financial harm against its elderly residents. Nursing home neglect is when a nursing home fails to meet the basic needs of its residents, such as failing to offer nutritious food and adequate medical care. Nursing home abuse and neglect are dangerous acts that can result in serious resident injuries, illnesses, infections, mental declines, and deaths.

How Can a Los Angeles Nursing Home Abuse Attorney Help?

If a nursing home resident in Los Angeles is experiencing abuse or neglect, he or she has legal rights. The victim could be eligible for financial compensation through the civil justice system for related losses. If the victim passes away because of nursing home abuse, his or her surviving family members may be eligible for compensation for wrongful death.

You and your family don’t have to go through the legal process alone. Hiring a nursing home abuse lawyer can allow you to focus on healing and moving forward while an experienced professional handles legal matters for you. A Los Angeles injury attorney experienced in nursing home abuse claims can conduct a full investigation into the nursing home, uncover evidence of neglect or abuse to use in the courts, guide your family through confusing legal proceedings, and give you the proper care and support that you need during this difficult time.

Types of Abuse in Nursing Homes

There are multiple forms of nursing home abuse. All have the potential to cause great harm to victims. Although many people imagine physical abuse, this is only one type. Other forms may not show any outward physical signs but can harm a resident’s mental and emotional health. The four main types of nursing home abuse are:

  1. Physical. Physical abuse means to punch, kick, slap, push or otherwise intentionally physically harm a nursing home resident.
  2. Mental/emotional. Inflicting psychological distress on a resident through verbal abuse, emotional abuse, beratement, isolation, restraints, humiliation and other means.
  3. Sexual. Sexual contact with a nursing home resident against his or her will (sexual assault). 
  4. Financial. The financial exploitation of a nursing home resident, such as scams, fraud or deceit to rob the victim of money or assets.

There is also elderly abandonment, abduction, and neglect. These are all dangerous crimes that can compromise a resident’s health, safety and well-being. Nursing home abuse can cause serious physical injuries, multiple trips to the emergency room, malnourishment, changes to the victim’s mental state, guilt or shame, psychological trauma, and an overall decline in the victim’s health status. In the most serious cases, nursing home abuse in Los Angeles can result in the premature death of the victim.

Causes of Nursing Home Abuse

As Los Angeles nursing home abuse lawyers, we’ve seen several reasons why a nursing home staff member or another party might abuse or neglect a resident. Some incidents of abuse occur for no reason at all. In many cases, however, nursing home abuse stems from an imbalance of power between the victim and the abuser. A staff member might take advantage of a position of trust over the resident to abuse or exploit them.

In other cases, nursing home abuse and neglect come from issues within the nursing home, such as understaffing, poor staff training, dangerous or poorly maintained premises, lack of funding, and mismanagement. These issues often come from a desire by nursing home administrators to make a profit instead of providing a safe and productive space for elderly residents. Overworked and stressed nursing home employees are more likely to abuse and neglect residents. 

Warning Signs of Nursing Home Abuse

Nursing home abuse is dramatically underreported in America. Statistics show that only about 1 in 14 cases of nursing home abuse are reported to the authorities. Underreporting may be due to the inability of victims to communicate, confusion due to dementia, fear of retaliation from the abuser and fear of not being believed. It is often up to a victim’s family members and loved ones to notice the warning signs of nursing home abuse and speak up. Common warning signs include:

  • Frequent physical injuries or trips to the ER
  • Broken bones and dislocations 
  • Burns or bite marks 
  • Strap marks
  • Neglected sanitation or personal grooming
  • Infections or bedsores
  • Signs of dehydration or malnutrition
  • Elopement (wandering)
  • Fear of a certain staff member
  • Depression or anxiety
  • Mental health declines
  • Suicidal thoughts or behaviors
  • Sexually transmitted diseases
  • Unusual bank account withdrawals or large gifts

If you know someone in a nursing home, take the time to visit often and ask about the conditions. If you notice any potential signs of abuse or neglect, report them immediately and consider speaking with a nursing home abuse attorney in Los Angeles, CA. Listen to your loved one and believe him or her if there are any allegations of mistreatment or abuse at the facility. Their future could be in your hands.

How Do You Report Abuse in a Nursing Home?

Act quickly to prevent further harm or injury to your loved one if there are signs or claims of nursing home abuse. Taking prompt action could save a life. Take the following steps to report this crime in Los Angeles County:

  • Call 911. If you are experiencing a medical emergency or believe that your loved one is in immediate danger, call 911 immediately to request assistance from local police and paramedics.
  • Notify the nursing home. Take your loved one to a safe place and report your suspicions to management or administrators at the nursing home. Write down the name of the person who took your report.
  • Contact local help agencies. Report your issue to LA County’s Adult Protective Services at (877) 477-3646. The Elder Abuse Hotline is available 24/7 to connect you to trained professionals who can help your family report elder abuse and obtain assistance.
  • Submit an online report. In a nonemergency situation, submit a report online through the Adult Protective Services website. The APS will investigate the allegations and take steps to protect your loved one and other seniors at the nursing home.

Once you have reported nursing home abuse to the proper authorities and ensured the protection of your family member, contact a nursing home abuse lawyer in Los Angeles. An attorney can help your family fight for justice through all available legal outlets, including bringing a civil lawsuit against the nursing home. Filing a lawsuit can hold an abuser accountable and shed light on serious safety issues in your community.

What Is the Statute of Limitations for Nursing Home Abuse in California?

If you wish to pursue a personal injury or wrongful death claim on behalf of your elderly loved one, it is important to act quickly. There is a time limit known as a statute of limitations on your ability to pursue a civil lawsuit. The statute of limitations varies from state to state. In California, the deadline on a nursing home abuse case is two years from the last incident of abuse or neglect. 

Statutes of limitations exist to encourage claimants to take prompt legal action, while important evidence and key witnesses are still available. It keeps things just for both the filing party and the defendant. If you miss your statute of limitations, you will lose the right to pursue financial compensation. This is why it is critical to contact a nursing home abuse attorney in LA as soon as possible.

How Do You Prove Nursing Home Abuse?

In the civil justice system, it is the filing party’s (plaintiff’s) responsibility to prove the claim that is being made. The plaintiff must meet the burden of proof, or the amount of evidence necessary to establish the claim as more likely to be true than not true. This burden of proof is known as a preponderance of the evidence. Although this is easier to meet than the burden of proof in a criminal case (proof beyond a reasonable doubt), it can still be difficult without assistance from a personal injury lawyer.

As a plaintiff in a nursing home abuse case in California, you may be able to prove your claim with evidence such as:

  • A copy of the incident report or police report
  • Prior complaints or claims against the nursing home
  • Signed statements from eyewitnesses 
  • Statements from nursing home staff
  • Photographs of injuries
  • Surveillance footage from the nursing home
  • Testimony from a qualified expert 
  • The victim’s medical records
  • Proof of losses, such as bills and receipts

The evidence brought forward by the plaintiff or plaintiff’s attorney must establish all four elements of negligence, in most cases. Negligence refers to the failure to act with reasonable care. The four elements of negligence are duty of care, breach of duty, causation and damages. There must be evidence that the defendant 1) has a responsibility to act with reasonable care, 2) violated this duty through an act of wrongdoing, 3) caused the victim to be injured, and 4) the victim suffered compensable losses. An experienced Los Angeles nursing home abuse lawyer can help you meet this burden of proof.

Compensation for Nursing Home Abuse Victims

If your attorney successfully proves that the nursing home or one of its staff members abused, neglected or otherwise injured you or a loved one, your family could receive financial compensation for various losses. Although no amount of money will make up for a crime such as nursing home abuse, a financial recovery can deliver justice and reduce your family’s financial stress during a difficult time.

In California, the civil justice system allows for the recovery of several past and future economic and noneconomic damages: 

  • Medical bills and health care expenses
  • Any necessary ongoing care
  • Any lost wages or inheritance
  • Property losses
  • Physical pain and suffering experienced by the victim 
  • Emotional harm or psychological damage
  • Diminished quality or enjoyment of life
  • Loss of consortium
  • Wrongful death damages
  • Punitive damages

The full list of losses that your family can claim on a nursing home abuse lawsuit will depend on the unique circumstances. An LA nursing home abuse lawyer can help you create a comprehensive list of your current and latent losses, as well as pursue maximum financial compensation from one or more defendants on your behalf. Obtaining a just financial recovery can help your family move forward after this type of injustice.

Free Consultation With a Nursing Home Abuse Attorney in Los Angeles, CA

No resident should ever have to face abuse or mistreatment at a nursing home. If you or a loved one is a victim of this type of crime, don’t hesitate to contact Rose, Klein & Marias LLP to request a free consultation in Los Angeles, CA. We are passionate about helping our clients with even the most complicated personal injury and wrongful death claims.

Our nursing home abuse lawyers can go up against nursing homes, long-term living facilities, hospices, and other defendants in LA in pursuit of justice and accountability for nursing home neglect and abuse. We can also assist with cases involving a nursing home’s failure to properly address the COVID-19 pandemic. For more information about your specific nursing home abuse case, call our local law office at (213) 626-0571. We offer free, no-obligation case consultations.

COVID-19: The safety of our clients, staff, and our community is our top priority. During this time, we are open for business and continue to be available to existing and new clients through virtual meetings and teleconferences. Call us at (800) 362-7427 or click here to discuss your case with us today. Close