Should I Contact a Lawyer for Nursing Home Neglect or Abuse?
Nursing homes and assisted living facilities fulfill a vital need for many people; however, nursing home neglect and abuse occur far too often. Our population is living longer, yet families are unable to fully meet the needs of their elderly loved ones. As a result, many of the most vulnerable people in our society are placed in a nursing home or elder care facility, where we expect they will be well taken care of.
Whether an elderly person suffers because of neglect—when their most basic needs go unnoticed or overlooked—or are victims of blatant abuse, the issue is a serious one. The consequences of nursing home abuse or neglect can include criminal charges as well as civil lawsuits. Understanding when you should contact a personal injury lawyer to help with your claim can be the difference in holding a nursing home or elder care employee responsible and receiving fair compensation for the damages inflicted on your loved one.Ask a Question
Frequently Asked Questions
Under California law, elder abuse can be both criminal and civil.
Criminal elder abuse occurs where any person who knows that a person is an elder and willfully causes or permits that elder to suffer, or inflicts unjustifiable physical pain or mental suffering on the elder. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which elder’s health is endangered. (Penal Code Section 368)
Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering to an elder. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Institutions Code Section 15610)
- Abandonment: The desertion of an elder by someone who is a caregiver.
- Abduction: The removal, without the consent of the conservator, of a conservatee to another state.
- Financial Abuse: The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.
- Isolation: The intentional prevention of an elder from receiving mail, telephone calls or visitors.
- Mental Suffering: The infliction of fear, agitation, confusion through threats, harassment or other forms of intimidating behavior.
- Neglect: The failure to fulfill a caretaking obligation such as assisting in personal hygiene, providing food, clothing or shelter, protecting an elder from health and safety hazards, or preventing malnutrition.
- Physical Abuse:The infliction of physical pain or injury, sexual assault or molestation, or use of physical or chemical restraints for punishment.
It depends on the County. In California, the litigation process usually between 9 to 18 months.
Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents. Etc..
A deposition is a question-and-answer session that takes place under sworn oath, usually at a lawyer’s office. Almost any party or witness in a lawsuit can be required to give a deposition, but if a certain witness does not agree to give a deposition he or she can generally be compelled to give one.
Try and remember exactly who you talked to and complained to about your loved ones care.
Always try to talk to an Administrator and / or a director of Nursing about your loved ones care.
General Right. The Privacy Rule generally requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more “designated record sets” maintained by or for the covered entity.
A power of attorney is a legal document that allows one person to act for another person, but the authority comes with duties and responsibilities. The giver of the authority is known as the principal, while the receiver is referred to as an agent. Power of attorney is granted to an “attorney-in-fact” or “agent” to give that individual the legal authority to make decisions for an incapacitated “principal.” … The attorney-in-fact also is responsible for distinguishing between the types of decisions he or she has the power to make and other decisions.
By signing an assisted or nursing home admission agreement that includes an arbitration provision, the parties are agreeing to give up their constitutional right to have a dispute, including neglect and abuse cases, decided in a court of law in front of a jury, and instead are agreeing to the use of binding arbitration. This means that the decision of the arbitrator is final and there is no appeal. This means that, rather than having the issue decided in public by a jury of their peers in front of a judge, the matter will be decided in private, by a private (and very expensive) arbitrator. Arbitration proceedings are not part of the public record and not subject to judicial review. DO NOT SIGN A PRE-DISPUTE ARBITRATION AGREEMENT.
You are entitled to informaiton on services & fees, respect, freedom from abuse & neglect, freedom from restraints, medical care, and visitors to name a few.
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