DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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Elderly adults in San Diego County nursing homes or specialized memory-care facilities often have been diagnosed with forms of cognitive impairment, including Alzheimer’s disease and other forms of dementia. When a person has cognitive impairment, the facility must take steps to ensure that they receive a certain level of care related to their condition. In other words, skilled nursing facilities have a duty to provide the type of care that is necessary based on the resident’s needs, and for residents with Alzheimer’s disease and other causes of cognitive impairment, it may be necessary to take steps to prevent wandering. When a resident wanders and suffers an injury, the facility could be liable based on a theory of negligence. Our San Diego County nursing home negligence lawyers can tell you more.

What is Wandering?

What does the term “wandering” mean in relation to nursing home care and older adults in Southern California? According to the National Council on Aging (NCOA), wandering is also known as elopement, and it refers to a situation “when someone leaves a safe area or responsible caregiver.” As the NCOA clarifies, when a nursing home resident wants, they “may not be aware of their safety, which puts them at risk of getting lost, falling, or other accidents with injuries.”

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When a resident falls at a nursing home or assisted-living facility in Los Angeles County, who is accountable? And, perhaps more importantly, who is liable if the fallen resident does not receive quick and effective assistance, ultimately resulting in their injuries worsening? According to a recent report in The Washington Post, new data suggests that employees at nursing homes and assisted-living facilities across the country often refuse to lift residents who have fallen to avoid liability, instead calling emergency medical responders to lift the resident. By the time an emergency medical responder arrives, injuries from the fall may have worsened.

From liability to initial falls in nursing homes and assisted-living facilities to injuries worsened by a lack of quick response time, it is important to know that the facility itself could be accountable. Our Los Angeles County nursing home neglect lawyers can tell you more.

Fall Hazards in Nursing Homes and Assisted-Living Facilities

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Anyone who has an elderly parent or relative who resides in a nursing home or assisted-living facility in San Bernardino County should know about the risks of nursing home abuse, neglect, and negligence. Generally speaking, older adults in nursing homes and assisted-living facilities can be at risk of injuries from various types of harm, both intentional and unintentional. Trying to understand the distinctions between abuse, neglect, and negligence in relation to seniors can be confusing, and our Southern California nursing home abuse and neglect lawyers can help to clarify the terms for you. If you have further questions or if you need assistance with a claim, do not hesitate to get in touch with us.

Intentional Elder Abuse

The term elder abuse often refers to acts of intentional abuse. The National Council on Aging (NCOA) underscores that there are many forms of intentional abuse that can result in severe harm to older adults in nursing homes and assisted-living facilities, including physical abuse, emotional or psychological abuse, sexual abuse, and willful deprivation. 

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At Southern California Nursing Home Law Group, we have years of experience handling a wide range of nursing home and assisted living neglect cases. We have seen the devastating effects that negligence can have on some of the most vulnerable members of society—those entrusted to nursing homes for care and safety.

While nursing home neglect can take many forms, there are five specific types of cases that we most commonly encounter. These include bed sore cases, falls with injuries, failure to take action after an obvious change in health condition, wandering away from the facility, and physical assault. Below is a breakdown of each type of case and the troubling signs associated with nursing home neglect.

  1. Bed Sore Cases
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Seniors in Orange County nursing homes and assisted-living facilities, as well as older adults throughout Southern California, are more vulnerable to forms of abuse than younger people. Indeed, elderly nursing home and assisted-living facility residents can be subject to physical, emotional, and sexual abuse, as well as passive neglect — all of which can result in debilitating and even fatal injuries. Life in a nursing home or assisted-living facility should feel safe, and residents should be well cared for, yet many frequently are in precarious positions where their health and safety are at great risk. Why are older adults so susceptible to abuse? Our experienced Orange County nursing home neglect lawyers can explain in more detail, and we can speak with you today about any concerns you have that may warrant an investigation and a nursing home abuse claim.

Cognitive Impairment

Cognitive impairments, including those caused by Alzheimer’s disease and other forms of dementia, are one of the most common reasons that older adults are more susceptible to various forms of abuse and neglect in nursing homes or memory care facilities. Indeed, according to the Alzheimer’s Association, “people with dementia are especially vulnerable because the disease may prevent them from reporting the abuse or recognizing it,” which can also result in acts of abuse being perpetrated repeatedly and over time. Nursing home and assisted-living facility residents with certain types of mental health issues can also be vulnerable to abuse for similar reasons. 

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Whether it is in Riverside County or elsewhere in Southern California, it is critical for friends and family members of older LGBTQ adults who reside in nursing homes and assisted-living facilities to be at severe risk of injuries from abuse and neglect than others. Indeed, according to a study published in the Journal of the American Geriatric Society, although there is insufficient research on elder abuse and neglect among members of the LGBTQ community in California and elsewhere, it is clear that “this population faces a greater risk of abuse and likely experiences abuse differently, and needs different resources.” 

If an elderly parent or loved one is a member of the LGBTQ community and is currently living in a nursing home or assisted living facility, what do you need to know? Our Riverside County nursing home abuse and neglect attorneys can tell you more.

LGBTQ Seniors Experience Abuse and Neglect in Nursing Homes and assisted living Facilities in Southern California

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When an elderly loved one requires care outside their home, it is important to find a facility that can meet your loved one’s needs and ensure that they will receive proper care so that they do not sustain preventable injuries. Yet, risks of falls in nursing homes and assisted living facilities, as well as issues with understaffing, can result in different types of accidents that can cause traumatic brain injuries (TBIs) in residents. While TBIs are most commonly associated with contact sports (like football and soccer) in the news or with motor vehicle crashes and certain high-risk recreational activities, they also occur more often than you might think in nursing homes and assisted living facilities. 

According to a new report in McKnights Long-Term Care News, sustaining multiple TBIs can have particularly harmful effects on older adults. In short, multiple TBIs can increase the risk for “worse cognitive decline” and, ultimately, a reduced life expectancy and reduced quality of life. Our San Diego County nursing home neglect lawyers can explain in more detail.

Traumatic Brain Injuries and Dementia in Older Adults

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Residents in Los Angeles County nursing homes and assisted-living facilities should never have to worry about getting hurt because of acts of violence perpetrated by staff members or fellow residents. However, as a recent study discussed in The New York Times reveals, violence is much more common than many people suspect, and it is certainly not an uncommon occurrence. When violence occurs in a Los Angeles County nursing home or assisted living facility and a resident is injured, it is important to seek legal advice. The facility itself may be liable since it has a duty of care to residents. Our experienced Los Angeles County nursing home abuse and neglect lawyers can tell you more and can assist you if you have concerns about an elderly loved one.

Violence and Injuries Caused by Other Residents

Often, when we think about nursing home abuse or neglect and injuries resulting from it, we think about injuries caused by the intentional or negligent behavior of a staff member or employee at a nursing home. Yet, as the article in The New York Times underscores, violence caused by other residents is actually extremely common. The article explains that, in nursing homes, assisted-living facilities, and other types of “long-term care facilities, residents sometimes yell at or threaten one another, lob insults, invade fellow residents’ personal or living space, rummage through others’ possessions and take them,” and “they can swat or kick or push.”

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Anyone with an elderly loved one in a San Bernardino nursing home or any long-term care facility in Southern California should be aware of elder abuse and neglect risks and should be able to recognize concerning signs in order to take action. Yet, being able to recognize potential signs of abuse becomes significantly more important when you have an elderly loved one with dementia in a nursing home. As the Centers for Disease Control and Prevention (CDC) explains, the term “dementia” does not refer to a specific, diagnosed disease, “but rather is a general term for the impaired ability to remember, think, or make decisions that interfere with doing everyday activities.” What do you need to know about recognizing nursing home abuse if you have an elderly parent or loved one with dementia? Our San Bernardino nursing home abuse attorneys can tell you more.

Understanding Dementia

In order to understand specific signs or symptoms of elder abuse in nursing home residents with dementia, it is essential to understand how older adults are affected by dementia and what it involves. The CDC explains that about five million people over the age of 65 had dementia in 2014, and that number has risen over the last decade. To be sure, as the aging population increases, the number of dementia patients is expected to surge and to nearly triple by the year 2060.

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When you are searching in Orange County or elsewhere in Southern California for a nursing home where your elderly loved one can obtain the level of care they need, it is essential to do as much research as possible and to choose a facility that can provide what your family member needs. There are many different types of facilities in terms of quality and size, and there are also for-profit and non-profit facilities. According to a recent report from CBS News, many for-profit nursing homes in California are not serving residents well, and it is important for families to understand the distinctions between for-profit and non-profit facilities.

Nursing Home Abuse and Negligence Can Happen Anywhere

Before we discuss the important distinctions between for-profit and non-profit nursing homes, and the research surrounding those distinctions, we want to emphasize that nursing home abuse and negligence can happen anywhere. Even seemingly high quality facilities can have issues, and nursing homes with no past records of safety problems can be places where injuries occur. 

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