More than 100,000 Californians currently live in nursing homes and around 150,000 live in licensed residential care facilities for the elderly, according to California’s official state data. Too often, these facilities are plagued by abuse, gross neglect, or exploitation of residents.
If you or a loved one has experienced nursing home abuse or neglect in Alameda, know that you have legal options available. At Berg Injury Lawyers, we will guide you through the process of reporting nursing home abuse and neglect, holding the liable parties accountable, and securing the compensation you or your loved ones deserve.
Contact us today for a free consultation.
Examples of Nursing Home Abuse
Nursing home abuse can take many forms, each with its own devastating impact on residents. Here are some common categories of abuse:
Physical Abuse
- Hitting, Slapping, or Pushing: Any form of physical violence inflicted on a resident.
- Improper Use of Restraints: Using physical or chemical restraints inappropriately or excessively.
- Force-Feeding: Forcing a resident to eat or drink against their will.
Neglect
- Failure to Provide Basic Needs: Not providing adequate food, water, or shelter.
- Medical Neglect: Ignoring or improperly addressing residents’ medical needs, including not administering medication correctly or allowing bedbound residents to develop bedsores.
- Poor Hygiene: Failing to assist with bathing, grooming, or other personal hygiene needs as necessary.
Mental and Emotional Abuse
- Verbal Harassment: Yelling, threatening, or using demeaning language.
- Isolation: Unnecessarily isolating residents from social interactions or activities.
- Intimidation: Creating fear through threats or coercion.
Sexual Abuse
- Unwanted Touching: Any non-consensual sexual contact.
- Assault or Rape: Forcing a resident to engage in sexual acts.
- Inappropriate Exposure: Forcing a resident to witness or partake in sexual acts.
Financial Exploitation
- Theft: Stealing money, property, or personal belongings.
- Fraud: Deceiving residents into signing financial documents or making financial transactions.
- Unauthorized Access: Using a resident’s funds or assets without permission.
Nursing Home Residents’ Rights in California
In California, nursing home residents are guaranteed their full civil and human rights, protected by both federal and state regulations. These rights ensure a safe, dignified, and respectful living environment. By understanding the rights of residents, you can more easily identify when those rights have been violated.
Nursing home residents’ rights can be categorized into a few key areas:
Personal Rights
- Quality of Life: Enjoying a decent standard of living
- Privacy and Confidentiality: Personal privacy and confidentiality of information
- Free Choice: Making independent choices regarding care and lifestyle
- Freedom from Abuse and Restraints: Being free from physical (including sexual), emotional, and financial abuse and unnecessary physical and chemical restraints
Care and Treatment
- Quality Care: Receiving high-quality care and services
- Medical Care and Treatment: Receiving appropriate medical care and involvement in treatment decisions
- Participation in Care Planning: Involvement in developing and adjusting care plans
Social and Community Engagement
- Visitors: Receiving desired visitors without restrictions
- Group Participation: Joining and engaging in resident groups and activities
- Choice of Activities: Choosing how to spend time and participate in activities
Legal and Financial Rights
- Admission Rights: Fair and non-discriminatory admission processes
- Protection of Money and Possessions: Safeguarding personal money and belongings
- Resident Records: Accessing and managing personal records
- Grievances: Filing complaints and having them addressed promptly
- Transfer and Discharge Rights: Being informed about and participating in transfer or discharge planning
For residents facing language or hearing barriers, nursing homes must provide interpreters to ensure understanding of these rights. If a resident cannot understand their rights, the nursing home must explain them to a designated representative.
How Can an Alameda Nursing Home Attorney Help?
Victims of nursing home abuse in Alameda have legal rights and protections. An experienced Alameda nursing home abuse attorney can provide the necessary guidance and support when seeking compensation from the at-fault parties. Here are a few of the many ways a lawyer can help you.
Understanding Legal Rights
- Assess the Situation: Evaluate the specifics of the abuse or neglect case
- Explain Legal Rights: Ensure the victim understands their rights and the legal options available
- Determine Best Actions: Decide on the most appropriate legal actions to take, whether the case involves physical abuse, emotional abuse, neglect, or financial exploitation
Seeking Compensation
- Pursue Damages: Work to secure compensation for physical and emotional pain, resulting medical expenses, and other related damages
- Negotiate with Insurers: Handle negotiations with insurance companies to seek a fair settlement
- Litigate if Necessary: File lawsuits and represent the victim in court if needed
Navigating the Legal Process
- Gather Evidence: Collect and organize all necessary evidence to support the case
- Handle Paperwork: Manage all legal documentation and filings
- Provide Court Representation: Represent the victim in court proceedings
Support and Advocacy
- Guide the Victim: Offer step-by-step guidance throughout the legal process
- Focus on Recovery: Handling all legal aspects to allow the victim to concentrate on healing
- Hold Parties Accountable: Work to ensure that those responsible for the abuse are held accountable
Contact Our Alameda Nursing Home Abuse Lawyers Today
If you or a family member has been a victim of nursing home abuse in Alameda, Berg Injury Lawyers is here to help. Our team is ready to provide you with the support and representation you need throughout every step of the process.
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Contact us today to schedule a free consultation with our team.
