When you and your family make the decision to put a family member into a nursing home, you expect the staff to provide adequate care and treat your loved one with respect. Unfortunately, negligent or abusive nursing home staff could cause residents to suffer severe harm in a long-term care facility.
If you or your loved one suffered injuries while in a nursing home, you can fight back with the help of a dedicated personal injury attorney. A Glendale nursing home abuse lawyer can advise you on how to pursue compensation through a legal claim.
Individuals in nursing homes generally require assistance to perform daily tasks. Because residents rely heavily on the nursing home staff, they are vulnerable to neglect and abuse. When a long-term care facility fails to properly care for its residents, those individuals can experience severe harm.
Potential forms of neglect and abuse in nursing homes include, but are not limited to:
State law protects nursing home residents and other vulnerable individuals from abuse and neglect. Any of these forms of neglect or abuse may form the basis for a successful personal injury lawsuit against the nursing home and its staff members. Working with a skilled attorney in the area could improve a nursing home resident’s chances of success in an injury case.
Nursing home abuse often falls under the purview of the “elder abuse” law in the state. The law protects adults of all ages who are physically or mentally limited or have other diminished capacities due to age. California Code § 15610.07 protects nursing home residents from physical and sexual abuse, mental suffering, financial abuse, and deprivation of the goods or services they need to avoid these types of harm.
Violations of elder and dependent adult abuse laws can result in criminal charges against the defendant, as well as civil liability through a nursing home abuse lawsuit. Even if a worker faces criminal charges, he or she can also face civil liability.
In many cases, a particular worker may be responsible for the abuse. However, when the abuse occurs in the course and scope of the employee’s job, the employer may be responsible for the abusive acts of that employee. Under the legal doctrine of respondeat superior, a plaintiff can seek financial compensation from the employer and the abusive employer.
This gives the injured resident a better chance of financial recovery than a lawsuit filed solely against the employee. This area of law can be complex, but a skilled nursing home abuse attorney can help the plaintiff navigate these complexities and seek financial compensation.
It can be difficult to know what to do after an act of abuse or neglect. If you or your loved one suffered injuries while in a long-term care facility, you should meet with a lawyer to discuss your legal options. A Glendale nursing home abuse lawyer could analyze your case and help you protect your rights. Contact us today to schedule a consultation.