With the increasing number of Californians aged 65 and older who reside in nursing homes, concerns about elder abuse are also rising.
The data is unsettling:
These statistics are startling, and it is undeniable that elderly Californians are at risk.
Widespread inadequacies in personnel management plague many nursing homes and are frequently cited as a primary factor in abuse.
Staffing shortages are a significant issue, with over 90% of nursing homes across the country being understaffed, a problem that the government aims to address with new staffing minimums for facilities that take Medicare and Medicaid.
The staffing shortage has cascading effects on the quality of life for nursing home residents. Due to the lack of nurses and aides, many facilities employ caregivers who lack proper training. These inexperienced workers might fail to recognize common resident issues like dehydration or bedsores.
Stress and exhaustion among staff may worsen care quality, as long hours and unreasonable workloads contribute to burnout and reduced attentiveness.
Resident-on-resident abuse is a growing concern due to poor patient management in some facilities. Finally, environmental factors that include high turnover rates, limited resources, and insufficient family and community involvement may create an environment conducive to abuse.
Nursing home abuse is not limited to assault or neglect; many types of maltreatment can endanger the welfare of elderly residents.
Some caregivers use force that may result in bodily harm or injury to residents. Examples include striking, shoving, slapping, pinching, kicking, burning, or the improper application of physical restraints.
Sexual abuse includes any form of nonconsensual sexual activity or contact with the resident, including rape, unwelcome touching, coerced nudity, sexual assault, or the unauthorized capture of sexually explicit images.
Sadly, many nursing home workers inflict emotional distress or anguish through language or nonverbal actions. Examples include insults, verbal attacks, threats, humiliation, intimidation, harassment, social isolation, or patronizing treatment.
Financial exploitation occurs when someone unlawfully manipulates or misuses the resident's financial assets for personal gain. This can involve the theft of funds or valuables, unauthorized access to bank accounts, alteration of legal documents, or deceptive tactics to obtain money or property.
No matter the kind of abuse your loved one has suffered, our team is standing by to help.
Many victims of nursing home abuse have physical or cognitive limitations that prevent them from speaking about what they are experiencing. For this reason, family members should remain proactive in overseeing their loved one's health and safety.
If your loved one resides in a nursing home, you can help safeguard them by looking for these signs of abuse:
If possible, visit your loved one often in their nursing home and keep in frequent communication with the staff and management. If something seems off, trust your instincts and don’t hesitate to question whether elder abuse may be happening.
California laws protect the rights of nursing home residents to receive appropriate care and consideration. A nursing home that does not follow these standards can face legal consequences. If you or someone close to you has endured serious maltreatment, you may have the right to file a lawsuit.
Nursing home abuse can involve various parties, including caretakers, nurses, aides, and even other residents.
However, nursing homes and long-term care facilities typically bear the most significant duty of care toward residents, given their crucial role in residents’ daily lives. Since these facilities are tasked with providing essential services like food, shelter, and healthcare, they may be held accountable for any harm that befalls residents.
A nursing home may be held liable for these practices:
In some cases, third parties like equipment manufacturers or food suppliers may also share liability.
Most nursing home abuse cases fall under personal injury law. California statutes regarding personal injury claims give residents a window of two years from the discovery of the injury to initiate legal proceedings.
However, exceptions apply. For cases involving medical malpractice, the time limit is reduced to one year, while actions against public entities must be filed within six months. If you miss these deadlines, you could lose the opportunity to pursue compensation.
In certain scenarios, such as when a resident was unable to report abuse out of fear, the court may consider extending the statute of limitations. A seasoned nursing home abuse lawyer can help you understand the relevant deadlines and procedures.
Personal injury claims grant plaintiffs access to compensatory damages, which are divided into two categories: general and special.
Depending on the specifics of the case, general compensatory damages could include:
Special compensatory damages are typically easier to calculate compared to general compensatory damages. They may include the following:
Cases involving nursing home abuse victims do not usually involve large amounts of lost income. However, medical expenses resulting from the abuse can be substantial.
Additionally, some nursing home abuse cases may lead to punitive damages. These are rarely awarded, but they serve to penalize the defendant and deter similar misconduct when the abuse is particularly appalling.
Combating nursing home abuse involves a multistep approach aimed at ensuring the safety and well-being of vulnerable residents:
If an attorney believes you have a strong case against an abusive nursing home, they may take your case and begin the following steps:
If the other party won’t agree to a fair settlement, your lawyer may advance the case to trial. During the trial, they will present evidence and seek a favorable verdict from a judge or jury.
When it comes to seeking justice for nursing home abuse, Susan Kang Gordon stands out as a formidable advocate. Her impressive track record includes a case recognized among the Top 20 Verdicts in California in 2021. She has been honored as the Trial Lawyer of the Year 2022 by the San Francisco Trial Lawyers Association and the Trial Lawyer of the Year 2021 by the Ventura County Trial Lawyers Association.
In contrast to attorneys who have broader practice areas, Gordon and her team focus on nursing home abuse cases. This focus allows her to delve deeper into each case and provide a level of knowledge that general practice attorneys cannot. She understands that nursing home abuse cases often stem from systemic issues such as corporate greed and understaffing, and she is committed to holding responsible parties accountable.
Gordon’s dedication to her clients is unparalleled. She fights tirelessly for justice, treating each case as if it were her own family member who had been wronged. When you choose Susan Kang Gordon as your nursing home abuse attorney, you're not just getting a lawyer; you're getting a passionate advocate who will stand by your side every step of the way.
