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.
Passive Neglect
When the term “neglect” is used in relation to an older adult in a nursing home or assisted-living facility, the term is often used to refer to a particular type of abuse known as passive neglect. In cases of passive neglect, there is no intention to cause harm, but a resident does not receive the appropriate level of care they require (often due to understaffing), and injuries can result from that neglect. Common injuries resulting from passive neglect include bed sores and broken bones from falls.
Negligence and Facility Liability
Even if a nursing home or assisted-living facility or an owner is not the party directly responsible for an act of intentional abuse or passive neglect, the facility can be liable for negligence when injuries result from abuse or neglect. Indeed, a nursing home or assisted-living facility may be liable for negligent hiring of an employee who perpetrates acts of intentional abuse or for failing to hire a sufficient number of staff members to provide appropriate care to all residents based on individual needs.
Nursing home residents in California have a range of rights under California law, including protections against abuse and neglect. It is critical to seek legal advice if you have any concerns about injuries resulting from a violation of rights or from any acts or omissions involving elder abuse, elder neglect, or negligence.
Contact a San Bernardino Nursing Home Abuse and Neglect Attorney
Elder abuse and neglect is a serious problem in nursing homes and assisted-living facilities in Southern California, and negligent facilities can often be liable for any harm resulting from abuse or neglect. While it can often be difficult to know if your elderly loved one’s injuries have resulted from abuse or neglect, it is always better to be safe than sorry. You should seek advice from an experienced San Bernardino nursing home abuse and neglect lawyer who handles these types of cases and can assess your elderly loved one’s situation. Contact the Walton Law Firm to find out more about how we can help you and to learn more about how we assist older adults and their families in Southern California.
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