Making the decision to entrust an elderly loved one’s care to a nursing home or long-term care facility is never easy, but this is an increasingly common situation today. California has more than 6.3 million elderly persons, and that number will almost double by 2030. When choosing professional care, you have the right to expect you or your love one will receive the highest level of care while being treated with respect, compassion, and dignity. Unfortunately, nursing homes and long-term care facilities often do not live up to these reasonable expectations, which can injure or even kill a victim. If you or a loved one were injured as a result of nursing home abuse or neglect, contact a skilled Perris Nursing Home Abuse or Neglect Attorney to see if you may be entitled to compensation for your damages.
Perris Nursing Home Facts
Perris is a rapidly growing Riverside County town of over 79,000 people. Even though the current elderly population aged 65 and older in Perris is hovering around 4.5 percent as of 2017, that number is poised to grow rapidly as nearly another 9 percent of the city’s population will join this demographic in the next few years. Even though the elderly population is relatively small, Perris is still home to 3 nursing home facilities – Centinela Grand, Pico De Loro, and Real Sweet Home. With the growing elderly population these facilities will be challenged to continue providing high quality professional care for their residents while expanding to meet new demands. A failure to do so puts elderly people at risk of substandard care or even nursing home abuse or neglect.
What Constitutes Nursing Home Abuse and Neglect?
In California abuse and neglect in nursing homes are defined very broadly. Abuse can include physical, financial, or sexual abuse, abduction, isolation, abandonment, or any other treatment that causes pain, mental suffering, or physical harm. Neglect includes failure to provide care for a person’s physical or mental health as well as failing to:
- Prevent dehydration or malnutrition,
- Protect from safety hazards,
- Assist with personal hygiene needs, or
- Assist the elderly person with basic needs including food, clothes, or housing.
Multiple types of abuse or neglect occur simultaneously. A usual pattern that unfolds is that after the initial abuse or neglect occurs, psychological abuse follows to keep the victim silent and allow the initial abuse or neglect to continue.
Warning Signs of Nursing Home Abuse and Neglect
Most nursing home abuse and neglect is not as obvious as a black eye – the behavior is usually done in secret to ensure it is not recognized and stopped. Because the abuse or neglect is often subtle, has been ongoing for an extended time period, and doesn’t look the same as abuse or neglect of another victim, you must be vigilant for signs that may indicate abuse or neglect. These commonly include:
- Sudden behavior or mood changes;
- Making up implausible excuses to explain injuries;
- Malnutrition or dehydration not associated with a known medical condition;
- Burns, cuts, bruises, or severe bedsores;
- Lack of food, water, electricity, other necessities, or personal hygiene; and
- Reluctance to speak free or be left alone with their abuser.
How Do I Recover for Nursing Home Abuse or Neglect Injuries?
Victims of nursing home abuse and neglect most often argue they are entitled to court-awarded compensation because their injuries were caused by another’s negligence. To prove negligence, victims must prove:
- They were owed a legal duty of care by the defendant,
- Defendant breached their duty by act or omission, and
- The breach caused the victim’s injuries.
Once these are established, the defendant is presumed negligent and will usually be liable for the victim’s damages. Because proving breach of duty and causation can be difficult to do, it’s best to consult an experienced Perris Nursing Home Abuse and Neglect Lawyer so you can avoid legal pitfalls.
How Much Can I Recover?
If found negligent, a defendant is liable for any proven injuries their victim suffered. Courts can award compensatory damages to a victim to make them whole for both economic and noneconomic harms such as:
- Medical expenses,
- Funeral expenses,
- Lost wages,
- Property damage,
- Pain and suffering, and
- Loss of consortium.
Perris also consideration of the California Elder Abuse Act in nursing home abuse and neglect cases. The Act allows victims enhanced damages in some instances. Additionally, some victims may receive punitive damages if they can prove certain elements were present and satisfy a high burden of proof.
What Can I Do If I Suspect Nursing Home Abuse or Neglect is Happening?
Unfortunately, it’s not always possible to prevent abuse or neglect. This means observation and vigilance are critical to recognizing signs of abuse and neglect. Speaking up about your suspicions and notifying the appropriate parties are the best ways to stop the conduct, avoid future harm to victims, and begin holding the wrongdoers accountable.
Voice Your Concerns to the Right Parties
Speak up immediately if you suspect nursing home abuse or neglect is happening. The government has established agencies to handle nursing home abuse and neglect complaints. You should begin by:
- Speaking to the facility’s manager about your suspicions and concerns,
- Contacting government agencies in your area who investigate these types of complaints and protect elderly persons – your local ombudsmen and adult protective services are good places to begin, and
- Report your suspicions and observations to local law enforcement so the behavior can be investigated, and any perpetrators can be held criminally liable.
Contact a Perris Nursing Home Abuse and Neglect Attorney
If you or a loved one was injured because of nursing home abuse or neglect, contact the skilled Perris Nursing Home Abuse and Neglect Attorneys at Walton Injury Law today. Our attorneys have years of experience providing tailored, aggressive representation for victims and have recovered millions in compensation for our clients. Contact us 24 hours a day, 7 days a week at (866) 338-7079 or complete our Contact Us page to schedule your no-risk, no obligation initial case evaluation today. The consultation is free, and you pay nothing until we win your case. Let our knowledgeable attorneys review your unique situation, help you understand your options, and work to secure the maximum possible recovery for you so you can get your life back on track.