Orange County Nursing Home Abuse Lawyers
Protecting the Rights of the Elderly in Southern California
When your loved one requires ongoing medical assistance from a nursing home, you expect the nursing home staff to take care of their needs and prevent further injuries. Yet research has found that at least 150,000 seniors experience elder abuse at a nursing home each year, and as many as 1 in 6 residents have reported witnessing or experiencing abuse at the hands of their caretakers.
It’s heartbreaking to realize that your family member may have been injured by the very people who are obligated to protect them. When it happens to your loved one, you have the right to hold the nursing home and its staff accountable for negligence. Our compassionate Orange County nursing home abuse attorneys at The Law Office of Marshall Silberberg have decades of experience defending those who have been hurt by wrongful acts and negligence, and we can help you fight for fair compensation.
Contact us today at (949) 565-4281 for your FREE initial consultation.
When is a Nursing Home Liable for Abuse & Neglect?
If your elderly loved one suffers injuries as a result of abuse or neglect, you may be justifiably angry and want to hold the organization accountable for letting it happen. Our Orange County nursing home abuse lawyers can help you do just that – but first, you’ll need to determine if you have grounds to sue. Here are a few of the most common scenarios where a nursing home may be liable for elder abuse:
- The nursing home failed to properly train and supervise its staff members. In many cases, nursing home neglect happens because inexperienced employees fail to notice the obvious warning signs, or simply don’t realize the seriousness of a given medical condition.
- The nursing home didn’t vet an abusive staff member before hiring them. Every nursing home should exercise caution before hiring employees and check criminal records. If your loved one was abused by someone who showed a clear history of violence, the nursing home could be liable.
- The nursing home gave your loved one substandard medical care. In for-profit nursing homes, it’s especially common for staff to downplay life-threatening medical conditions. When a negligent doctor or nurse played a role, you could also have a case for medical malpractice.
- The nursing home skirted federal regulations. Does the nursing home in question accept Medicare payments? If so, they are legally responsible for clearing out accident hazards and ensuring proper supervision for nursing home residents.
- The nursing home engaged in financial exploitation. In nursing homes, financial exploitation can be even more common than physical and emotional abuse. If the nursing home cashed your loved one’s checks or engaged in other forms of financial abuse, you can seek damages.
- The nursing home staff did not keep the premises clear of hazards. Like any property owner, nursing home owners have to make sure that their premises are safe and secure. They owe a particularly high “duty of care” to vulnerable senior residents who could slip and fall.
Recognizing the Signs of Nursing Home Abuse
Often called the “silent condition,” the signs of elder abuse can be surprisingly difficult to identify, as the damage is often done behind closed doors and away from the eyes of family members. It can also take many forms, ranging from serious emotional and sexual abuse to receiving limited medical care and attention from staff.
Because of this, we may never know the exact numbers behind nursing home abuse in the United States. However, some recent studies have found that 95% of nursing home facilities have had at least one incident of neglect, with 44% reporting abuse.
Some of the most common warning signs of nursing home abuse and neglect include:
- Rapid weight loss
- Urinary tract infections (UTI)
- Confusion and loss of mental clarity
- Unexplained bruises
- Dehydration or malnutrition
- Unexplained hospitalizations
- Avoidance/fear of certain staff members
- Sepsis and septic shock
No matter your unique circumstances, our team at the Law Office of Marshall Silberberg will hear your story and strive to find some measure of justice for your loved one. We are well-connected with physicians and industry experts who can investigate the case, and then provide valuable expert testimony in court.