San Diego Nursing Home Abuse Lawyers
If you suspect or learn that your loved one has suffered abuse or neglect at their nursing home, don’t wait to contact the San Diego nursing home abuse attorneys at Jurewitz Law Group | Injury & Accident Lawyers. We understand the challenges you’re facing, and we take cases like this very seriously.
Nursing homes are often the best option for our loved ones when they need consistent, quality care. We do our best to find a facility that can assist our family member with their daily routine and provide them with the medical treatment they need. It’s heart-wrenching, then, when we suspect that our loved one has suffered abuse at the hands of the staff we entrusted with their care.
Nursing home abuse is a common problem affecting nearly five million older adults every year. Even if your loved one doesn’t sustain severe or fatal injuries, it can take a toll on their quality of life and future happiness. Abuse inflicted by someone they trusted can cause lifelong emotional and psychological trauma.
Your loved one shouldn’t have to suffer the consequences of someone else’s negligent or irresponsible behavior. You have a right to hold the at-fault party liable for their actions and seek the maximum compensation available to help your family member heal and move forward.
Our San Diego nursing home abuse lawyers have been representing victims of nursing home abuse since 2007. You can depend on us to advocate for your relative’s rights and seek justice for the devastating experience they were forced to endure. Call the San Diego elder abuse attorneys of Jurewitz Law Group | Injury & Accident Lawyers for a free consultation at right now so we can begin working on your case.
- Why You Should Hire Jurewitz Law Group | Injury & Accident Lawyers for Legal Representation
- Take Immediate Action If You Suspect Your Loved One Has Become the Victim of Abuse
- The Steps Involved in an Investigation Into Nursing Home Abuse
- Compensation Your Loved One Might Be Entitled To in an Abuse Claim
- Common Causes of Nursing Home Abuse
- Most Common Types of Nursing Home Abuse
- Common Injuries Associated With Nursing Home Abuse
- Laws and Regulations Involved in Nursing Home Abuse Cases
- Nursing Home Abuse Frequently Asked Questions
- Contact Jurewitz Law Group | Injury & Accident Lawyers for a Free Consultation
- Additional Information
Why You Should Hire Jurewitz Law Group | Injury & Accident Lawyers for Legal Representation
Jurewitz Law Group | Injury & Accident Lawyers is well known in San Diego and throughout California for our dedication to our clients and the positive results we achieve. We have been honored by several prestigious legal organizations, such as the Multi-Million Dollar Advocates Forum and Super Lawyers, for the successful results we’ve achieved.
We work together as a team to ensure our clients receive the quality representation they deserve. We will keep your interests in mind as we strategize and develop the right plan to recover the maximum available compensation for you.
Nursing home residents have rights just like anyone else. We understand how to uphold those rights while we’re pursuing legal action for the injustices faced by the elderly living in nursing facilities. We will use our knowledge and experience to investigate abuse allegations and collect crucial evidence to prove who should be held liable.
We will not give up without a fight. You can depend on our legal team to stay by your side and provide guidance and support throughout the entire process.
At Jurewitz Law Group | Injury & Accident Lawyers, we want to help nursing home abuse victims and their families recover and get their lives back on track. We’ve been featured on CNN and in various publications, such as TIME and Newsweek, for the cases we’ve handled on behalf of those injured by the negligent actions of others.
Take Immediate Action If You Suspect Your Loved One Has Become the Victim of Abuse
If your family member has shown any symptoms associated with nursing home abuse, you should remove them from the dangerous situation as soon as possible and hire an experienced San Diego nursing home abuse lawyer immediately.
Common nursing home abuse signs include:
- Unexplained injuries, such as broken bones, dislocated shoulders, and bruises
- Withdrawal from family, friends, and favorite activities
- Sudden issues with mobility
- Fear of a specific nurse or staff member
- Unsanitary living area, such as dirty bedding
- Unkempt appearance
If you suspect abuse occurred, have them treated at a hospital or another medical facility to ensure their safety and treat their injuries. The doctor will likely recommend a specific treatment plan that you should follow. Find another nursing home they can move into or transition them into your home or another relative’s home while you’re searching for a more permanent solution.
Jurewitz Law Group | Injury & Accident Lawyers can begin working on the case right away by investigating the allegations of abuse and collecting evidence. Evidence is an important factor in legal cases like this. We need documentation that proves an employee abused your loved one and caused their injuries. The nursing home could be to blame if they were aware of the abuse but did nothing to stop it or negligently hired an unqualified nurse. We will explore every available option to locate sufficient evidence to hold the at-fault party liable for their actions.
You should preserve any evidence you find yourself when you visit your loved one in the nursing home. If you notice physical injuries, take pictures of them. You should also save torn or bloodied clothing they say they were wearing when the abuse occurred. The more proof there is, the better chance you will have of receiving full compensation.
You might also feel it’s necessary to report the abuse to local law enforcement. The police could investigate your claims independently and speak to the nursing home owner and their staff. They might be able to track down witnesses who saw what happened and take their statements. They could also collect any evidence they find that could be useful in your case.
The Steps Involved in an Investigation Into Nursing Home Abuse
Evidence is always necessary to prove nursing home abuse. Without adequate evidence, it will be challenging to convince an insurance company or jury that your loved one’s injuries occurred due to someone’s abusive actions. We will begin by launching a thorough investigation. We will need to establish who’s at fault. That could be a nurse, assistant, maintenance employee, the facility itself, or even another patient.
During our investigation, we will obtain any evidence we believe will prove another person was at fault for your loved one’s injuries and should be financially responsible for the resulting cost of medical treatment and emotional suffering.
Some of the evidence we might gather includes:
- Incident/police report
- Your loved one’s medical records from the nursing home
- Hospital and medical records showing the injuries sustained and treatment necessary to recover
- Medical bills and other expenses associated with the abuse
- Statements from witnesses
- Photos of the injuries
- Pictures of the dangerous living conditions
- At-fault party’s employment history and qualifications
- Nursing facility’s hiring procedures
- Maintenance and repair reports
- Records of reported abuse by other residents
- Security video footage of the incident
We will efficiently investigate the circumstances of abuse to determine if you can pursue legal action. We know you don’t want the case to drag on unnecessarily. You want fast results so your loved one can recover from this traumatic experience and move forward with their life. Our legal team will ensure nothing falls through the cracks as we work to hold the abuser accountable for the harm they caused.
Compensation Your Loved One Might Be Entitled To in an Abuse Claim
Physical, financial, and emotional losses are typical when someone sustains injuries from abuse in a nursing home. Filing an insurance claim or lawsuit against the at-fault party could help compensate you for these losses.
The legal option we recommend will depend on the circumstances of your family member’s case. Sometimes, negotiating for a full and fair insurance settlement is possible. Other times, filing a lawsuit might be necessary if the nursing home refuses to accept any liability and won’t pay the money they owe.
Some of the losses you could seek recovery for include:
- Loss of enjoyment of life
- Medical bills
- Physical impairment or disfigurement
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Damage to personal property
While we’re reviewing the case, we might consider various contributing factors to come up with the right amount of money that to cover the past and future losses suffered. You shouldn’t have to pay for anything out of pocket. We will explore all avenues and do our best to maximize the value of your case.
Some of the factors we might use in determining the right monetary value are:
- Type and severity of the injury
- Length of necessary medical treatment
- Amount of evidence proving abuse occurred
- Psychological injuries caused by the abuse
- Permanent disability or impairment resulting from the injury
- Insurance coverage listed on the nursing home’s policy
- Total costs associated with the case
- Future medical expenses required to treat chronic pain or permanent injuries
- Diminished quality of life
You would think insurance companies would be more than fair during a claim. Unfortunately, their goal is to save money and to minimize any compensation payments. Without legal representation, you will likely end up with a settlement much lower than you deserve.
Jurewitz Law Group | Injury & Accident Lawyers will be your loved one’s advocate and fight for the maximum monetary award available. We know the unfair practices used by insurance companies and will do everything in our power to ensure you and your family don’t get taken advantage of while we’re working on your case.
% of reported abuse by type
Common Causes of Nursing Home Abuse
Varying factors could contribute to instances of nursing home abuse. Overworked staff, inexperienced nurses, and a lack of resources to provide quality care are just a few examples of issues at nursing facilities that could lead to abuse.
The most common causes of nursing home abuse are:
- Inexperienced employees – Nurses should have proper licensing, education, and training to care for older adults. Management might hire inexperienced staff to cut costs or to quickly fill a position.
- Understaffing – When a nursing home doesn’t have enough employees, the quality of care decreases. Staff members need to take on additional responsibilities, resulting in longer hours. They could take out their anger and frustration on the patients, resulting in inadequate care and injuries.
- Negligent hiring – Nursing facilities must always perform thorough background checks on new employees. They must ensure there isn’t a history of poor performance, violent behavior, or criminal offenses. Hiring someone without doing their due diligence could put a patient’s safety and life at risk.
- Inadequate training – New employees should receive instruction on operating procedures and policies. Without this training, they might cut corners to get the job done. Immobile residents could develop bedsores if a nurse doesn’t know they’re supposed to turn them over in bed periodically.
- Underpaid employees – Unfair wages can result in employees who don’t take their responsibilities seriously and treat their patients poorly, as a result.
This isn’t a comprehensive list of all the causes of nursing home abuse. If your loved one sustained injuries because of these or some other cause, you should immediately contact Jurewitz Law Group | Injury & Accident Lawyers. We can review your case to determine why the abuse occurred and obtain the necessary evidence to prove who is liable.
% of relationship of the abuser to the victim
Most Common Types of Nursing Home Abuse
Many people don’t realize abuse comes in many forms. It’s more than just physical abuse. For example, the emotional effects of abuse can last a lifetime.
- Physical abuse – Someone uses physical force against a patient to inflict pain or an injury. Slapping, kicking, punching, and shaking are common examples.
- Sexual abuse – Using coercion, threats, or force to engage in unwanted, non-consensual sexual acts with an elderly individual.
- Emotional abuse – Using verbal or nonverbal actions to inflict psychological distress, anguish, or pain on a nursing home resident. This can include intimidation, yelling, harassment, and humiliation.
- Abandonment – This occurs when a person responsible for providing an older adult with medical and daily care deserts them. For example, someone requiring assistance to get to the bathroom might be left in bed for hours despite multiple requests for help.
- Financial abuse or exploitation – Improperly or illegally using a patient’s money, assets, or personal property. A nurse might trick a resident into giving them control over their finances or use a credit card without permission.
- Neglect – Refusing or failing to uphold a duty or obligation to provide a nursing home resident with basic needs, such as food and water.
- Self-neglect – This is often the result of an elderly patient who behaves in a way that threatens their own safety or life, something the nursing home staff needs to watch for.
Injuries are sometimes due to an honest accident that no one could have prevented from happening. However, if someone intentionally or negligently caused your loved one’s injury, you deserve compensation from the at-fault party. You must be your family member’s advocate and seek legal action if you notice any signs of abuse. If they can’t speak for themselves, you can be their voice and help ensure their safety.
Common Injuries Associated With Nursing Home Abuse
The injuries your loved one suffers will depend on the type of abuse they experienced. Older adults are more vulnerable to severe injuries when their caregiver doesn’t provide proper care. The risk increases if a patient is immobile or lacks the mental capacity to understand what’s happening to them.
Examples of common injuries caused by abuse include:
- Tooth loss
- Bruising and lacerations
- Broken or fractured bones
- Internal bleeding
- Malnourishment or dehydration
- Cognitive impairment
- Loss of hearing or vision
- Psychological damage
Medical treatment can be expensive and cause someone to go into debt while recovering from their injuries. Severe injuries might require months of physical therapy or surgery. You and your loved one shouldn’t bear the financial responsibility of these expenses. A fair insurance settlement or favorable jury verdict could cover your medical bills and other costs associated with the injury.
Residents at nursing homes must be kept safe from injury and abuse.
Laws and Regulations Involved in Nursing Home Abuse Cases
The Nursing Home Reform Act establishes standards nursing homes must meet to provide residents with quality care. Violating these laws could result in criminal or civil penalties. Your family member should feel safe at all times and receive the medical treatment and daily assistance they require to live a full life.
Nursing homes must ensure every patient receives:
- Access to recreational activities
- A comprehensive plan of care
- Pharmaceutical medications
- Rehabilitation services
- Nursing care
- A dietary plan
- Sanitary and safe living environment
Patients also have specific rights while living in a nursing home. They are:
- Right to privacy
- Right to be free from abuse, neglect, or mistreatment
- Right to participate in family and resident groups
- Right to communicate freely
- Right to choose when family and friends can visit
- Right to be free from physical restraints
- Right to meet all psychological, social, medical, and physical needs
- Right to participate in a plan of care, including treatment
- Right to file complaints without reprisal or discrimination
- Right to make independent decisions
- Right to store belongings, property, and money securely
- Right to receive medical care and assistance
There is a statute of limitations you must comply with if you want to file a lawsuit. California follows a two-year statute of limitations for injury cases, three years if there was damage to personal property. You must file your lawsuit within two years from the date of the abuse if you want to seek compensation for the injuries your loved one sustained. If you miss the deadline, you likely won’t be able to pursue legal action in this matter.
Lawsuits are complicated for most people to navigate. You should hire a San Diego nursing home abuse lawyer if you want to pursue compensation from the nursing home or one of its employees for abusing your loved one. We know the legal tactics we can use that are effective in achieving positive results.
You don’t have to take on preparing legal documents, filing paperwork, and locating evidence on your own. We can take the guesswork out of the complex procedures and confusing laws associated with lawsuits.
Nursing Home Abuse Frequently Asked Questions
In any injury claim or lawsuit, there are specific laws, deadlines, and other factors that must be taken into account in order to successfully secure compensation. At Jurewitz Law Group | Injury & Accident Lawyers, we want you to be prepared, so we answered some of the most commonly asked questions below we receive about nursing home abuse cases.
Our San Diego nursing home abuse attorneys take cases on contingency. That means we don’t charge upfront fees or costs to represent clients. We know you might already face financial hardships while you’re helping your loved one recover. You shouldn’t be forced to pay upfront for quality representation. We’ll only expect payment of our legal fees if we secure financial compensation from the at-fault party. If we lose your case, you won’t have to pay us any money for our services.
It can be a challenge to notice the signs of abuse, especially if it’s financial or emotional. Abusers often target the elderly because they cannot defend themselves or are too afraid to speak up about what’s happening. If you suspect abuse, you should document all injuries you notice, specific dates, and if your loved one behaves strangely around certain staff members.
Sometimes warning signs are apparent. Other times, you have to pay attention to changes in mood or behavior. Many nursing home patients are afraid of speaking up about what happened for fear of retaliation or that no one will believe them. Listen to your loved one, and if you suspect abuse, you can seek help. For example, you can file a complaint with the California Department of Public Health, which will investigate your case. An experienced nursing home abuse attorney can walk you through the steps you can take to protect your loved one.
This is a common concern among an abuse victim’s family. Filing a lawsuit and taking someone to court can cast doubt about whether you’re making the right decision and whether your loved one will be affected by your choice to do so. However, you shouldn’t allow your fear to stop you from seeking justice.
To prevent the abuse from continuing, you can transfer your loved one to another facility or a place you know they’ll be safe. A skilled attorney can help you review the steps you can take to keep your relative safe while you’re pursuing legal action.
Contact Jurewitz Law Group | Injury & Accident Lawyers for a Free Consultation
The experienced legal team from Jurewitz Law Group | Injury & Accident Lawyers will fight to hold the nursing home liable for its actions. You trusted them to care for your loved one, and they broke that trust.
Elder abuse can have lasting effects on the victim and their family. We know no amount of money can make up for what your family went through, but we hope it can provide some financial relief as you’re helping your family member recover. You can depend on your San Diego nursing home abuse attorney to seek the maximum possible compensation you’re owed.
If your loved one was the victim of nursing home abuse, contact Jurewitz Law Group | Injury & Accident Lawyers to speak with one of our skilled and knowledgeable San Diego nursing home abuse lawyers. We can help you seek legal action against the nursing home and other parties responsible for the injuries they caused. Call or fill out our contact form.