Nursing homes and assisted living facilities have an important responsibility—caring for our elderly and vulnerable loved ones. Sadly, it’s not uncommon for these facilities to fall short of their obligations to provide the best care possible. In some cases, nursing homes are fraught with abuse and neglect.
If your loved one has been abused or neglected in a Modesto nursing home, Berg Injury Lawyers is here to help. We can work with you to hold negligent nursing homes accountable and fight to obtain you and your loved one compensation for the damages they’ve suffered.
Contact our Modesto nursing home abuse lawyers today for a free consultation.
Nursing Home Abuse Is Far Too Common
The World Health Organization (WHO) has reported that around 16% of people ages 60 and older experienced some form of abuse in community settings in the last year alone. Two in three staff members of nursing homes and long-term care facilities have reported that they have committed abuse in the past year.
Research also suggests that the problem has increased in recent years. One U.S. study cited by the WHO found that elder abuse in our communities and institutions has increased by up to 84% since COVID-19.
Types of Nursing Home Abuse
Data cited by the WHO also sheds light on the types of abuse commonly found in nursing homes. This type of elder abuse includes:
- Psychological Abuse: Psychological abuse involves actions that cause emotional pain, distress, or anguish. This can include verbal assaults, threats, harassment, or intimidation. The data shows that 11.6% of older adults in community settings report experiencing psychological abuse, with even higher rates self-reported by staff at 32.5%.
- Physical Abuse: Physical abuse refers to the use of physical force that may result in bodily injury, physical pain, or impairment. This includes actions like hitting, slapping, pushing, or improper use of restraints. According to the data, 2.6% of older adults reported physical abuse, with higher self-reports from staff at 9.3%.
- Financial Abuse: Financial abuse involves illegal or unauthorized use of an older person’s money, property, or assets. This can include theft, fraud, forgery, or improper use of power of attorney. The prevalence reported by older adults is 6.8%, while 13.8% was reported by older adults and their proxies.
- Neglect: Neglect is the failure to provide necessary care, assistance, or attention to an older person, resulting in harm or distress. This can include failing to provide adequate food, shelter, healthcare, or protection. An example may be failing to help a resident with their hygiene needs or leaving a bedbound resident alone for extended periods of time. The data indicates that 4.2% of older adults experience neglect, with staff self-reporting a 12.0% prevalence.
- Sexual Abuse: Sexual abuse involves non-consensual sexual contact of any kind. This includes unwanted touching, sexual assault, or coerced nudity. The data shows that 0.9% of older adults reported experiencing sexual abuse, with a lower rate self-reported by staff at 0.7%.
Nursing Home Residents’ Rights in California
In California, nursing home residents retain their fundamental civil and human rights upon admission. Both federal and state regulations mandate these rights, ensuring that the California Department of Public Health monitors nursing homes to safeguard and promote them. These rights encompass all aspects of life within the nursing home, including:
- Admission Rights: The right to fair and non-discriminatory admission processes.
- Quality of Life: The right to enjoy a decent standard of living.
- Visitors: The right to receive visitors without restrictions.
- Privacy and Confidentiality: The right to personal privacy and confidentiality of personal and medical information.
- Choice of Activities: The right to choose how to spend time and participate in preferred activities.
- Grievances: The right to file complaints and have them addressed promptly.
- Group Participation: The right to join and engage in resident groups and activities.
- Living Accommodations: The right to suitable living conditions and accommodations.
- Quality Care: The right to receive high-quality care and services.
- Protection of Money and Possessions: The right to safeguard personal money and belongings.
- Medical Care and Treatment: The right to appropriate medical care and involvement in treatment decisions.
- Freedom from Abuse: The right to be free from physical, emotional, and financial abuse.
- Transfer and Discharge Rights: The right to be informed about and participate in transfer or discharge planning.
- Resident Records: The right to access and manage personal records.
- Free Choice: The right to make independent choices regarding care and lifestyle.
- Participation in Care Planning: The right to be involved in developing and adjusting care plans.
- Freedom from Restraints: The right to be free from unnecessary physical and chemical restraints.
For residents facing language or hearing barriers, nursing homes are required to provide interpreters to ensure understanding of these rights. If a resident is unable to comprehend these rights, the nursing home must explain them to a designated representative.
How a Nursing Home Abuse Lawyer Can Help
If you suspect that your loved one is being abused or neglected, you might not know where to start. These cases can be complex, which is why it’s helpful to have an advocate fighting for the rights of your loved one.
An experienced nursing home abuse attorney can help you by:
- Investigating the Abuse: Thoroughly examining the circumstances of the abuse or neglect, collecting evidence, interviewing witnesses, and reviewing medical records to build a strong case.
- Filing Legal Claims: Assisting with the preparation and filing of claims against the nursing home or responsible parties, ensuring all legal requirements and deadlines are met.
- Negotiating Settlements: Engaging in negotiations with the nursing home and their insurance companies to seek fair compensation for the harm suffered by your loved one.
- Providing Guidance and Support: Offering emotional support and professional guidance throughout the legal process, helping you understand your options and make informed decisions.
By hiring a nursing home abuse lawyer, you can focus on supporting your loved one while the attorney handles the legal complexities, working diligently to secure a safe and just outcome.
Contact Our Modesto Nursing Home Abuse Lawyers Today
If you believe a loved one is being mistreated or neglected in a nursing home, get legal help as soon as possible. At Berg Injury Lawyers, our Modesto nursing home abuse attorneys can help you throughout 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 Berg Injury Lawyers today for a free consultation.
