Nursing Home Neglect

Have you lost a loved one due to neglect in a nursing home? Discover how a wrongful death attorney might assist you.

In situations where neglect or abuse in a nursing home has occurred, it isn’t just about the visible injuries or the immediate harm. Tragically, some of our loved ones suffer fatal consequences due to the negligence of those entrusted with their care, be it through failure to provide necessary medical attention, inadequate supervision, or other forms of neglect.

Under such circumstances, reaching out to a California wrongful death attorney is a step you can and should consider. While no form of compensation can ever replace the loss of a loved one or truly compensate for their absence, pursuing a claim can offer your family crucial support. It provides the financial resources to continue living without your loved one’s care and contributions. Moreover, it serves as a means of seeking justice, affording a sense of closure by holding the nursing home and its staff accountable for their negligent actions.

Types of Nursing Home Neglect

You can trust Perlmutter & Pourshalimi to work tirelessly for your family following a wrongful death. We can help gather evidence proving liability as well as document all the ways your loss has affected your family. This will put us in strong position to secure maximum compensation for you. We handle all types of abuse as a California nursing home neglect lawyer, including:

Falls

Falls are a common form of neglect in nursing homes when staff fail to supervise or assist residents with mobility challenges properly. Many elderly individuals have balance or strength issues, and without the appropriate assistance or safety measures, they can easily fall, resulting in injuries like fractures, head trauma, or worse. Neglect may include not providing mobility aids, failing to monitor high-risk residents, or leaving hazards like wet floors or clutter in walkways.

Bed Sores

Bed sores, or pressure ulcers, occur when a person remains in one position for extended periods without repositioning, causing skin and tissue damage. This neglect typically affects bedridden or immobile residents who require frequent repositioning to maintain blood circulation and avoid prolonged pressure on certain body parts. If not addressed promptly, bed sores can lead to severe infections, tissue damage, and prolonged pain.

Infections

Infections can result from inadequate hygiene, improper wound care, unsanitary living conditions, or poor management of pre-existing medical conditions. Nursing home residents, often with weakened immune systems, are particularly vulnerable to infections such as urinary tract infections, respiratory infections, or sepsis. Neglect may involve staff failing to change soiled linens, neglecting personal hygiene routines, or not treating wounds and cuts properly.

Wrongful Death

Wrongful death in nursing homes refers to fatalities that result from negligence or inadequate care. This could include medical errors, failure to prevent falls or other accidents, lack of proper medication administration, or severe neglect leading to fatal complications such as infections, dehydration, or malnutrition. When a resident’s death is directly linked to the failure of staff to provide necessary care, it is considered wrongful death due to neglect.

Malnutrition

Malnutrition occurs when a resident does not receive the proper nutrients needed to maintain health. This type of neglect may arise from failure to provide balanced meals, not assisting residents who need help eating, or not accommodating dietary restrictions. Elderly individuals are particularly susceptible to the effects of malnutrition, which can weaken their immune systems, decrease muscle mass, and lead to severe health complications.

Understaffing

Understaffing in nursing homes refers to the facility’s lack of adequate personnel to meet the needs of its residents. With too few caregivers, residents may not receive timely assistance with basic needs such as eating, mobility, hygiene, and medical care. This can result in neglect across multiple areas, increasing the risk of falls, malnutrition, bed sores, and other serious health issues.

Dehydration

Dehydration happens when residents do not receive sufficient fluids. It is a common form of neglect in nursing homes, especially for residents who may be unable to drink on their own or communicate their needs. Dehydration can lead to confusion, kidney failure, and other serious health complications, and it is often preventable with proper monitoring and care.

Chemical Restraints

Chemical restraints involve the use of medication to sedate or control the behavior of residents unnecessarily. This form of neglect occurs when drugs are used as a means of managing residents’ behavior rather than for legitimate medical purposes. Overuse or misuse of sedatives can lead to serious health problems, such as cognitive decline, physical deterioration, or even wrongful death, mainly when used to compensate for understaffing

Suppose you suspect neglect in a California assisted living facility or a nursing home. In that case, your vigilance and immediate action can protect your loved one’s well-being and legal rights. Your role is crucial in this process, and your proactive steps can make a significant difference in ensuring the safety and dignity of your loved one.

  • Document Incidents: Keep detailed records of incidents, including dates, times, and descriptions. Photographs and medical records can also be valuable evidence.
  • Report Concerns: Contact the facility’s management to report your concerns. You can also file a complaint with state or federal regulatory agencies for nursing homes.
  • Seek Medical Attention: Ensure your loved one receives necessary medical evaluations and treatments.
  • Consult an Elder Law Attorney: An attorney specializing in elder law can explain your legal options and help you file a lawsuit if necessary.

Nursing Home Neglect FAQs

What are the signs of nursing home neglect?

Identifying elder abuse in nursing homes requires vigilance and awareness of its varied manifestations.

  • Unexplained Injuries or Infections: Frequent falls, bruises, or infections may indicate neglect or inadequate supervision.
  • Weight Loss/Dehydration: Significant weight loss or signs of dehydration can be a red flag for neglect.
  • Poor Hygiene or Unsanitary Living Areas: Dirty living conditions or residents with poor personal hygiene suggest a lack of proper care.
  • Decline in Resident’s Mental Health: Sudden changes in mood, confusion, or withdrawal from social activities may signal neglect

 

In instances where neglect or abuse in a nursing home has occurred, the ramifications extend beyond visible injuries or immediate harm. Tragically, some loved ones suffer fatal consequences due to the negligence of those entrusted with their care, whether through failure to provide necessary medical attention, inadequate supervision, or other forms of neglect.

How can I report nursing home neglect?

Begin by precisely identifying the nature of the abuse—whether it’s physical, emotional, financial, sexual, or neglect. The agency to report to may vary based on the type of abuse witnessed or suspected. For physical and sexual abuse, local law enforcement is the primary contact. However, if financial exploitation is suspected, reports might be directed to the relevant banking institutions and law enforcement. Adult Protective Services (APS) is typically the main agency that handles most elder abuse cases.

What types of compensation are available in a nursing home neglect case?

In cases of nursing home neglect, various types of compensation are available to the victim’s family, aimed at addressing both the economic and non-economic impacts of their situation. These compensations are designed to provide financial relief and a sense of justice for the suffering endured. 

  • Medical expenses
  • Funeral and burial expenses
  • Loss of earnings or financial support
  • Loss of household services
  • Loss of consortium (for spouses)
  • Loss of care, comfort, support, guidance, etc. 

Will I Have to go to Court?

Maybe. Every case is different. Depending on the facts of your case and the disposition of the at-fault party and their insurance provider, it may be possible to settle your case out of court. Settling nursing home neglect cases is advantageous because it gets the matter resolved quickly; however, settling may end up with less compensation than you could have won at trial.

You can trust the experienced nursing home neglect attorneys at Perlmutter & Pourshalimi to provide our honest and professional advice regarding your options. Regardless of your choice, we will fight aggressively to maximize your compensation. We are skilled litigators and fearless in taking cases to trial when necessary.

How can an elder abuse attorney help with nursing home neglect cases?

A specialized attorney is critical, offering legal expertise crucial for holding perpetrators accountable and seeking justice. Furthermore, their professional insight into evidentiary requirements and procedural strategies significantly increases the likelihood of a successful outcome. By aligning with a California senior abuse law firm, families ensure a dedicated pursuit of justice, reinforcing their stance against abuse and safeguarding the dignity of their loved ones.

In cases of nursing home neglect, various types of compensation are available to the victim’s family, aimed at addressing both the economic and non-economic impacts of their situation. These compensations are designed to provide financial relief and a sense of justice for the suffering endured. They can include:

Call Now for a Free Consultation and No Risk Representation

If you or someone you love was a victim of nursing home neglect in California, Perlmutter & Pourshalimi is here for you. Call us at 310-295-2236 any time 24/7 for a free initial consultation. If you have a valid claim and you would like to hire us as your nursing home neglect attorney, we will represent you with no payment due until after we win your case. If you don’t receive compensation, we won’t ask for payment.