Nursing Home Neglect in Tracy, CA
Sue for Elderly Abuse in a Nursing Home Today
Grown children want to see their parents happy in their elderly years, which is why they spend so much time vetting potential nursing homes carefully. But what happens when your nursing home of choice mistreats your parents or elderly family member? Victims often experience feelings of betrayal, hurt, and physical health ramifications resulting from elder abuse. Bakerink, McCusker & Belden can help. We offer legal representation in cases where nursing home neglect occurred for Tracy, CA residents. We have the compassion, experience, and expertise needed to advocate for your family member’s interests and bring swift justice.
What To Expect from a Compliant and Competent Nursing Home
Unfortunately, more than 54 percent of American nursing homes fail to live up to the minimum staffing levels required to provide adequate care to seniors living in their facility. Seniors pay the price, as they can spend their remaining years living in substandard conditions when they deserve far better. California has strict laws regulating nursing homes. These regulations make it easier for our legal staff to establish fault and negligence in a nursing home complaint. These laws ensure patients receive the treatment they deserve. In addition to ensuring nursing homes meet four basic criteria, California regularly inspects facilities and requires them to be licensed and certified. Regardless of its size, all retirement communities must ensure:
- All patients receive care for their physical, mental, and medical wellbeing.
- No patients’ condition grows worse if it is avoidable.
- Patients maintain and improve their health through medical treatment when possible.
- Residents have the right to choose their therapies but all potential treatments are readily available.
Some Potential Signs of Nursing Home Neglect
Most children of elderly family members aren’t doctors, so it can be difficult to spot signs of elder abuse or neglect. For instance, it is unlikely a neglectful facility would allow you to see neglect or abuse with your own eyes. For this reason, it pays to understand some of the warning signs, which helps you to be alert and vigilant. Being educated allows you to protect your loved ones and guarantee their golden years are happy and full of life. While not all of these symptoms necessarily equal neglect, they’re worth paying attention to prevent neglect or abuse. Be on the lookout for:
- Sudden Weight Loss
- Inadequate Supervision
- Peer-on-Peer Abuse
- Tube Feeding Failures
- Bed Rail Entrapment
- Deprivation of Dignity
- Poor Personal Hygiene
Understanding Negligence in a Nursing Home Neglect Case
In 1990, California passed the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law is helpful to the Bakerink, McCusker & Belden elder abuse attorneys because it provides more considerable latitude in seeking damages against neglectful nursing home providers. The law protects any individual over the age of 65 living in a nursing home facility. By law, neglect means one of the following. We must establish whether negligence exists and where the fault lies. We use these criteria to do so:
- The negligent failure of any provider or facility to provide the degree of care a reasonable person would provide in the same situation.
- The negligent failure of an elder or responsible adult party to seek the self-care any reasonable person in a similar situation for exercise.
Understanding When to File and What to Expect from Your Case
Nursing home neglect falls under the larger umbrella of personal injury law, so the statute of limitations for filing suit extends two years from the date of the injury. If your case qualifies and Bakerink, McCusker & Belden takes it, you can expect us to work on your behalf to seek damages from the nursing home facility. You can expect to receive damages for any medical bills, disfigurement, and disability. While punitive damages are rare, they do happen in the case of gross negligence or intentional misconduct. We’ll work with you, but more importantly, keep you up-to-date on the status of your case and what to expect.
Contact Bakerink, McCusker & Belden for a Free Case Review
Bakerink, McCusker & Belden has over 35 years of experience serving Tracy, CA and the greater San Joaquin County area with exceptional legal services. We help our clients deal with the after-effects of automobile accidents, put their affairs in order with estate planning, and seek damages for medical malpractice. So, even if you don’t require our services for nursing home neglect, we can help. Our expertise makes us the region’s top resource for personal injury, wrongful death, trust administration, and probate matters. Contact us today for a free case review.