Huntington Beach Hospice Care Abuse Attorney
Choosing hospice care for a loved one can be an emotionally challenging time for any family. In an ideal situation, the hospice worker handles their duties with respect, keeping their patient comfortable and safe while they live out the rest of their days. Unfortunately, some take advantage of their position and put their patients in danger. If you’re dealing with this type of situation, a Huntington Beach hospice care abuse lawyer can evaluate your legal options.
In most cases, the victim of the abuse isn’t in a position to be an advocate for themselves, which can make it difficult for others to notice the abusive behavior. At Hunter Law, we understand how important it is to recognize signs of hospice care abuse. We can investigate your case to prove that the abuse is happening. If the abuse happened in a nursing home instead of hospice care, a local nursing home abuse lawyer in Huntington Beach may be the right person to call.
Hospice Care in Huntington Beach
Hospice care is a type of comfort care provided to patients with a terminal illness, enabling them to die comfortably and with dignity. Typically, a person with a life expectancy of six months or less can qualify for hospice care. This is one of the most vulnerable times in a person’s life, which makes the abuse of power over them even more heinous.
More than 200,000 abuse cases involving elderly and dependent adults are reported in California every year. Moreover, the Department of Justice estimates that one in 20 elderly adults in California is a victim of elder neglect or abuse. Sadly, cases of elder neglect often go unreported because patients can’t communicate their suffering to loved ones.
Approximately 31,995 elderly adults live in Huntington Beach. This number is projected to continue increasing, which makes it all the more important to have trustworthy caretakers for this demographic. In 2022, 176,754 elderly adults used hospice in California. This was the highest number of hospice beneficiaries in the country.
Lawyer Stephen Hunter
at Hunter Law
Start Planning Today
Types of Elder Abuse in Huntington Beach
Elder abuse can take on many forms. Some of the most common types of hospice mistreatment include:
- Abuse. Hospice providers can intentionally harm their victims by exploiting their vulnerable state for their own benefit. Hospice abuse encompasses emotional and psychological abuse, financial exploitation, physical abuse, and sexual abuse of an elderly adult.
- Breach of contract. This can occur if a hospice provider does not follow the guidelines set forth by their original contract with the patient or their representatives. Common breaches of contract include charging for services not performed, overbilling, and using unqualified personnel.
- Medical malpractice. If a provider doesn’t provide an adequate standard of care for their patient, they can be held liable for elder abuse. This includes (but is not limited to) not seeking necessary medical evaluations, over- or under-medicating patients, using excessive sedation, and withholding food or water.
- Neglect. In a hospice setting, the provider is essentially a lifeline for the patient. At this point, they often can’t complete most daily tasks on their own, and they typically require consistent medical treatment and attention. By neglecting these needs, the provider puts their patient at severe risk of harm, injury, or an early death.
- Wrongful death. If a patient dies due to the actions or inaction of their hospice provider, rather than succumbing to their underlying condition, it’s possible to file a wrongful death case. These wrongful death cases require proving the patient died from caregiver actions rather than their underlying illness – a complex but crucial distinction.
In 2022, approximately 2.6 million Medicare beneficiaries died in the United States, including 1.72 million who used hospice care. It’s important to make sure those reported deaths were from people who passed peacefully. Everyone deserves to feel safe and comfortable in their final moments.
FAQs
The process of filing a claim against a nursing home is pretty straightforward, but winning a case can be challenging, especially if you’re trying to go through the process alone. This is because hospice agencies often have legal resources of their own to protect themselves against these situations.
Additionally, you must provide sufficient evidence, file within the statute of limitations, and navigate the complexities of California’s elder care regulations. Working with a Huntington Beach hospice care abuse lawyer can improve your chances of a positive outcome and make the process less stressful, too.
The California Department of Public Health handles the licensing for hospice agencies. This agency also investigates complaints filed against these groups. If you witness the abuse of an elderly individual in hospice care, you can report the incident to Orange County Adult Protective Services. They can investigate the report and take protective measures if needed.
If you plan to file an elder abuse claim against a hospice agency in Huntington Beach, you must do so within a certain period of time. Otherwise, the defending party can file a motion to dismiss the case, and that motion is likely to be granted.
For most elder abuse cases, you have two years from the date you discovered the abuse to file your claim. For situations involving financial elder abuse, you have four years to file.
If you file a complaint with Orange County Adult Protective Services, they have 10 days to respond to the report. The time it takes to investigate the claim, however, can vary, depending on the details of the case.
The type of abuse and the severity of the harm caused to the victim can greatly determine how long investigations take. It’s wise to document everything and gather as much evidence as you can to speed matters along once you file your official claim.
Discuss Your Case in More Detail With a Huntington Beach Hospice Care Abuse Lawyer
When an elderly loved one is abused, it can be difficult to see how things could possibly be okay again. At Hunter Law, we aim to take as much of the burden off you as possible. That way, you can focus on recovering with your family while we handle the nuances of building your case and seeking the compensation you’re owed. Get in touch with our team to set up an appointment with a Huntington Beach hospice care abuse lawyer today.
Let Us Help You Protect What Matters Most.
Contact Us for a Consultation Today.
Contact Us for a Free Consultation Today.
