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Los Angeles Nursing Home Abuse Lawyer

Fighting on behalf of your elderly loved ones.

Many of us will have to entrust the care of our elderly loved ones to a nursing home facility, whether it be because we cannot provide the round-the-clock care they need or lack the necessary skill set needed for their medical condition.

Unfortunately, not all nursing home facilities are staffed with professionals who are dedicated to making your loved one feel at home or keeping them healthy. Nursing home abuse and neglect is an epidemic in this country and affects millions of senior adults. At Levin & Nalbandyan, LLP, our Los Angeles nursing home abuse lawyers are committed to providing the legal assistance you need to obtain compensation and justice on behalf of your elderly loved one through a personal injury suit.

WHAT IS NURSING HOME ABUSE?

Nursing home abuse involves the intentional harm of an elderly resident. The harm that a nursing home resident suffers does not necessarily have to be physical; it can also be sexual, psychological, or financial. For example, if a nursing home staff took advantage of his or her access to a resident’s financial information and used it to pull money from an account, this could also be considered nursing home abuse.

Signs of nursing home abuse include:

Cuts and bruises
Broken bones and minor fractures
Dehydration
Severe mood swings
Isolating and refusing to speak
Weight loss that cannot be explained
Caregivers refuse to leave the resident alone with others

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WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

BICYCLE ACCIDENT

BIRTH INJURY

BUS ACCIDENTS

CAR ACCIDENTS

CATASTROPHIC INJURY

CONSTRUCTION ACCIDENT

DOG BITES

MEDICAL MALPRACTICE

MOTORCYCLE ACCIDENTS

NURSING HOME ABUSE

SEXUAL ABUSE

It is crucial to visit your elderly loved one as frequently as possible to observe any significant changes in his or her behavior and appearance.

Nursing home abuse can also come in the form of neglect. Many nursing homes are not adequately staffed and lack sufficient care for residents. As a result, many elderly patients do not receive enough food, lack proper hygiene, and develop skin infections or bed sores. Additionally, many residents in understaffed nursing homes are often left to fend for themselves and walk around the facility unattended, sometimes leading to fall accidents and serious injuries.

Signs of nursing home neglect include:

Pressure ulcers or bed sores
Dirty clothing and general lack of good hygiene
Injuries caused by falls
Malnutrition and dehydration
Depression
Withdrawn behavior

If you observe any of the aforementioned signs of abuse or neglect in your elderly loved one, ask his or her doctors or nurses about it and seek a skilled Los Angeles attorney for further assistance.

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What are the Warning Signs of Nursing Home Abuse?

There are many different potential signs of nursing home abuse. This is due in part to the fact that abuse and neglect come in many different forms. The signs of physical abuse will look different than financial fraud. That said, some of the common signs to look out for include the following:

Bruises or broken bones
Unexplained sexually transmitted diseases
Altered financial documents
Missing money
Agitation or emotional distress
Non-responsive behavior
Fear

If a family notices any of these signs of nursing home abuse, they should contact our attorneys in Los Angeles.

Do I Need a Lawyer For a Nursing Home Abuse Case?

Only the victim or their family can make the decision to hire an attorney following an incident of abuse in a nursing home. However, real risks and challenges come with attempting to handle these cases without the support of legal counsel.

One of the major pitfalls that can come with pursuing legal action without an attorney is the statute of limitations. This legal deadline is strictly enforced, and waiting too long to file a lawsuit can mean walking away without any compensation to show for it. An attorney can identify the amount of time a resident has to file their claim.

Attorneys can also handle negotiations. Most of the time, these claims are resolved through an agreement instead of going to trial. Settlements might be common, but they are not easy to come by. An attorney can negotiate with the other side or take the case to trial when needed.

Laws on Nursing Home Abuse and Neglect

California has a number of laws on the books related to shielding elders from abuse in nursing facilities. Some of the most common examples include:

Elder Abuse and Dependent Adult Civil Protection Act

Also known as EADACPA, the Elder Abuse and Dependent Adult Civil Protection Act sets out the definition of abuse under state law. This includes acts of physical abuse, neglect, financial fraud, sexual assault, and abandonment. The law provides the victims of abuse with a path to financial compensation against institutional caregivers like nursing homes.

Criminal Elder Abuse

California Penal Code 368 makes it a crime to abuse or exploit someone over the age of 65. Often, violations of the criminal statute also result in potential claims under EADACPA.

Skilled Nursing Facility Ownership and Management Reform Act

The Skilled Nursing Facility Ownership and Management Reform Act substantially altered requirements for owning, purchasing, or operating a nursing facility in California. It also strengthened the state’s oversight powers.

Reporting Nursing Home Abuse

It is important to report incidents of nursing home abuse, whether or not the resident ultimately decides to pursue legal action or not. This can help prevent an abuser from being in the position to harm someone else.

In California, reporting nursing home abuse starts with calling 911 in case of an emergency. Law enforcement should be notified immediately if there is a threat to their safety.

Outside of immediate emergencies, reporting elder abuse can start with a call to California Adult Protective Services (APS). While APS handles allegations of abuse in private residences and in-patient medical facilities, the California Long-Term Care Ombudsman is charged with cases in nursing homes and other residential facilities. It is also possible to contact the Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse, as they investigate allegations of abuse that also cross over into the realm of fraud. A family should also contact our Los Angeles lawyers to learn more about their options for a nursing home abuse claim.

FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

SCHEDULE A FREE CONSULTATION WITH A Los Angeles NURSING HOME ABUSE ATTORNEY TODAY

Do you suspect that your elderly loved one is being abused or neglected? You need to hire an experienced and compassionate attorney who can guide you through the steps of filing a claim. At Levin & Nalbandyan, LLP, our Los Angeles nursing home abuse lawyers will provide knowledgeable legal advice and fierce representation.

Contact our law office today to schedule a free case review. We also work on a contingency fee basis, which means you will not owe us any legal fees unless we win your case!

PERSONABLE, HIGH-QUALITY CLIENT CARE

READY TO SPEAK WITH AN ATTORNEY?

If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.