Orange County Elder Abuse Lawyer
Bringing a Nursing Home Abuse Lawsuit in California
Sadly, nursing home abuse and elder neglect is believed to affect thousands of families in the United States every year (Nursing Home Abuse Statistics, Nursing Home Abuse Justice). While many nursing home abuse cases are reported each year, even more go unreported. Whether you or your loved one have suffered cruelty at the hands of a caregiver, or have experienced financial abuse in your nursing home, you deserve justice.
At Harris Grombchevsky we offer over 20 years of proven representation for victims of nursing home abuse. Don’t hesitate, call our Orange County nursing home abuse lawyers today at (888) 427-8064. We offer free initial consultations to prospective clients.
On This Page:
- What Is Elder Abuse and Neglect?
- Warning Signs of Elder Abuse
- Nursing Home Resident's Rights
- Elder Abuse FAQ
- Let Our Team Help!
The Centers for Disease Control (CDC) defines elder abuse as “an intentional act or failure to act” that results in injury or harm to an elderly adult. In this case, an elder is considered to be someone over the age of 60. Abuse can occur in a variety of different environments: nursing homes, hospitals, or even in the elderly adult’s own home at the hands of a trusted caregiver or family member.
Different Types of Elder Abuse
Elder abuse isn’t just physical. Abuse or neglect can come in a variety of forms. Some of the most common types of elder abuse include:
- Physical abuse - Slapping, pushing, hitting, or restraining the elderly individual against their will.
- Emotional abuse - Yelling, threatening, or saying cruel or hurtful things to the elderly person or preventing them from seeing their friends or family.
- Sexual abuse - Forcing the elderly individual to watch or participate in unwanted sexual acts.
- Financial abuse - This can include theft, fraud, or blackmail at the expense of the elderly individual.
- Neglect - Failing to provide for basic needs such as hygiene, food, water, medication, etc.
- Abandonment - Leaving the elderly person alone and failing to provide for their care or basic needs.
If you aren’t sure whether what your loved one experienced is considered elder abuse in CA, you can reach out to the team at Harris Grombchevsky today to discuss your situation in a free consultation.
Keeping an eye open for some of these signs of elder abuse can help you address the issue early on, before too much harm is done. The following are common signs of elder abuse:
- Your loved one has become more withdrawn or is demonstrating increased agitation or violence
- Their appearance has changed significantly (looking disheveled or unclean, weight loss)
- They have unexplained injuries: bruises, burns, scars, bed sores
- Their living space looks unsafe or unclean
- They are displaying signs of being traumatized: refusing to participate in activities they once enjoyed, rocking back and forth
If you notice your loved one displaying signs of elder abuse or neglect, you must act immediately. Contact our Orange County elder abuse attorneys today to discuss your situation in free, no-obligation consultation.
Sadly, nursing homes are a common setting for elder abuse or neglect. It’s important that both you and your loved one understand their rights as a resident in order to protect them from potential abuse or neglect. It’s also important that you ensure there is an open line of communication between your loved one and yourself if anything does happen. As a nursing home resident, your family member has the following rights protected by both the federal and state government:
- The right to be treated with respect and dignity
- The right to participate in programs or activities
- The right to be treated without discrimination based on race, color, nationality, disability, age, or religion
- The right to proper medical care
- The right to not be abused or neglected
- The right to notify your doctor and your representative of any injuries, medical conditions, or treatment changes
- The right to complain to nursing home staff about concerns without fear of punishment
- The right to privacy, living arrangements, and property
- The right to have visitors
- The right to manage your own money and finances
- The right to obtain information on different services and fees
- The right to leave the home for visits and in the event you decide to move out
- The right to receive social services, including counseling and help contacting a legal representative
- The right to not be unfairly transferred to another nursing home or discharged
- The right to form or participate in resident groups that speak with the staff on behalf of resident concerns and issues
Call (888) 427-8064 today if you or a loved one have been the victim of nursing home or elder abuse. Our team of elder abuse attorneys in Orange County offer expert representation and over 20 years of proven results.
What Is the Nursing Home Standard of Care?
Most nursing home facilities are required to provide a certain level of care to their residents; this is referred to as the nursing home standard of care. Basic requirements include things such as assisting residents with daily hygiene care, providing residents with proper nutrition and necessary medications, etc.
What happens when you report elder abuse?
If you believe that your loved one is in immediate danger, you should always call 911 first. The most important thing is to remove them from a situation in which they are suffering abuse or neglect. After they are safe, you can report the abuse by calling the California Adult Protective Services agency and reporting the incident. This agency can then begin an investigation into the facility and the individual responsible for the abuse or neglect. You should also call an Orange County nursing home abuse attorney about your case. We can help you determine what steps you should take next to protect your loved one and pursue justice on their behalf.
How do you prevent elder abuse in California?
All families can take steps to prevent elder abuse by doing the following:
- Know how to spot the telltale signs of neglect or abuse
- Visit elderly family members frequently to check on how they’re doing and check up on the staff
- Do a thorough check on any caregiver or nursing home facility that you intend to move your loved one into
- Keep an open mind and a listen carefully when an older adult tries to voice concerns or opinions about their nursing home facility or caregivers
Are you required to report elder abuse in California?
Similar to child abuse or neglect, California requires certain professions to report any suspected elder abuse. Mandatory reporters include: healthcare providers, social service providers, caretakers, clergy, and other professionals in a position of trust.
What is California’s statute of limitations on elder abuse claims?
California elder abuse laws require most elder abuse lawsuits to be filed within 2 years of the incident; however, there are a few exceptions to this rule. If you aren’t sure if the statute of limitations may play a role in your elder abuse or neglect claim, contact Harris Grombchevsky today to discuss your concerns with a nursing home abuse attorney in Orange County today.
You and your loved one are not alone! Our team of elder abuse attorneys are here to fight for your loved one’s rights and for their just compensation for their injuries. If you believe your loved one has been the victim of negligence or abuse, you may have grounds for filing a nursing home abuse claim.
Call (888) 427-8064 now to speak with an elder abuse lawyer in Orange County in a free, no-obligation consultation. We’re here to help!
Harris Grombchevsky LLP has been representing the legal needs of Southern Californians for many years. We are proud to serve our community with aggressive legal action performed to the highest of ethical standards. Clients always come first at Harris Grombchevsky LLP. You won't receive generic advice when you contact one of our Orange County nursing home abuse lawyers. Instead, you will receive attentive service aimed at helping you find the best legal strategy for your particular situation. Over the years, our attorneys have established a solid reputation among area judges and attorneys. Put our experience, reputation and skill to work for you.
Contact an elder abuse lawyer from Harris Grombchevsky LLPto discuss your particular situation.