Huntington Beach Nursing Home Abuse Lawyer

Huntington Beach Nursing Home Abuse Attorney

When you entrust your elderly loved one into the care of a nursing home facility, you expect that the workers will treat them with care, protection, and respect. However, sometimes nursing home facilities breach their duty of care and abuse or neglect their residents. If your loved one has been a victim of abuse or neglect, it may be time to consult with a Huntington Beach nursing home abuse lawyer.

What Is Nursing Home Abuse in California?

Nursing home abuse or neglect involves a range of intentional activities that threaten, harm, or endanger nursing home residents. Thousands of California’s elderly reside in nursing homes, and unfortunately, many of them are subjected to abuse. Abuse can range from serious and life-threatening acts of harm to mental or financial abuse.

What Are the Different Types of Nursing Home Abuse in California?

Nursing home abuse can involve a person directly harming an elderly person or neglecting to provide them with the appropriate care and medical treatment that they are responsible for. The list below details some of the most common nursing home abuse scenarios seen in California.

• Neglect: Neglect can come in many forms, but it typically comes down to the staff failing to properly monitor or provide adequate care for a resident. Neglect can result in bed sores from failing to turn the immobile resident over, falls from a failure to properly monitor the resident, or infections from untreated medical conditions.
• Isolation: Keeping an elderly person isolated from friends and family or preventing them from receiving mail, phone calls, or other communication is a form of abuse.
• Physical Assault or Abuse. Unfortunately, some nursing staff may become impatient with residents and physically assault them, leading to injury or even death in some cases. Poorly trained staff may also engage in physical abuse to overcompensate for their lack of skills. This is never acceptable and is also against the law.
• Sexual Abuse: Sexual abuse can involve inappropriate or unwanted groping and fondling, as well as sexual assault and rape, which is unwanted sexual intercourse.
• Emotional and Mental Abuse: Sometimes, abuse is not physical. There are many cases where staff may cause mental suffering to a resident by threatening them, calling them names, gaslighting them, manipulating them, or using other emotional abuse tactics.
• Financial Abuse: Elderly individuals in nursing homes can be vulnerable to financial abuse since they are at the mercy of their caretakers. Unfortunately, some caretakers may take advantage of this and steal from the residents or commit fraud or forgery.
• Withholding Medication and Medical Treatment: Many elderly residents depend on the consistent use of medication to keep them alive and well. If a staff member withholds medication, provides incorrect medication, or overmedicates the resident to sedate them, this is considered abuse.

Are There Laws Surrounding Nursing Home Abuse in California?

Nursing abuse is taken seriously by the government in California. Many abusive behaviors are crimes and can result in the offender spending time in jail, in addition to other consequences. If your loved one is a victim of nursing home abuse in Huntington Beach, it’s crucial that you pursue justice. Luckily, there are penalties for egregious forms of abuse, such as:

• Abuse or neglect that intentionally causes physical harm or mental suffering upon the elderly or puts them in harm’s way is against the law. Penalties for this crime can include one year in jail and a $6,000 fine if it is charged as a misdemeanor. If the defendant is charged with a felony, they may face up to seven years in prison, depending on the age of the victim and the extent of the crime.
• Financial abuse, which includes fraud, theft, forgery, or even embezzlement, is also illegal. Punishment can vary for financial abuse, depending on how much money was stolen and how long the behavior occurred. Generally, the defendant will have to pay fines, face potential jail time, and restore the funds they stole.
• Violating a facility’s Health & Safety policies is a misdemeanor punishable by up to 180 days in jail and a $2,500 fine.

FAQs About Huntington Beach, CA Nursing Home Abuse Laws

Is It Difficult to File a Claim Against a Nursing Home in California?

Yes, in some cases, it can be difficult to file a claim against a nursing home in California. However, it is not impossible. Your success depends on whether you enlist the help of an experienced and capable lawyer who is familiar with handling nursing home abuse cases. A skilled nursing home abuse lawyer can help you gather evidence and build a powerful claim that represents the abuse your loved one has endured. Plus, they can fight to hold negligent staff members accountable.

Who Can File a Claim for Elder Abuse in California?

There are several parties who are allowed to file for elder abuse in California. First and foremost, the victims themselves have the right to file a claim. Additionally, the elder’s spouse, loved ones with power of attorney, or loved ones who witnessed abuse can also file a claim. While filing an elder abuse claim may be a complex process, it’s crucial that you seek justice for your loved one. A skilled lawyer can ensure their rights are protected.

How Many Hours Does a Nursing Home Have to Report Abuse in California?

In California, nursing homes have 24 hours to report elderly abuse if it was witnessed but resulted in no serious bodily injury. However, they only have 2 hours to report if the abuse resulted in serious bodily injury to a resident. A nursing home should also submit a written report no more than two hours after the incident occurs, detailing key facts about what happened. It is illegal for a nursing home to refuse to report abuse.

What Are the Signs of Nursing Home Abuse?

There are many signs an elderly person may show if they are being abused. Signs of nursing home abuse can range from obvious indicators, such as cuts, lacerations, broken bones or teeth, or bruising, to less obvious signs, such as appearing more sad, withdrawn, or depressed. An abused elder may also show signs of dehydration and malnutrition, including unexplained weight loss.

Compassionate Nursing Home Abuse Representation in Huntington Beach

If you suspect your loved one has been abused at a nursing home in Huntington Beach, you should act quickly. Our elderly population is more vulnerable to abuse and neglect and should, therefore, be the most protected. At Hunter Law, PC, we fight tirelessly to secure the justice and compensation your loved one deserves. Contact us today for a consultation.

Areas We Serve in Huntington Beach & Beyond

While our office proudly serves the entire Huntington Beach community, our commitment to protecting the elderly and vulnerable knows no city limits. We provide dedicated legal representation across Orange County for families who have suffered from abuse, neglect, or malpractice in various care settings.

Whether your loved one resides in a facility near the Pacific Coast Highway, Beach Boulevard, or the surrounding neighborhoods, the attorneys at Hunter Law, PC are prepared to fight for their dignity and rights.

We are located and licensed to practice in California, serving:
Huntington Beach | Costa Mesa | Newport Beach | Fountain Valley | Westminster | Seal Beach | Irvine | All Orange County Communities

Protect What Matters Most.
If you suspect abuse or neglect in any of these settings, contact us today for a free consultation. We are local attorneys who understand the California laws and the local care facilities designed to protect your family.

Huntington Beach, CA Nursing Home Abuse Law Additional Resources:

• Bedsores: An Opportunity for Infection in California Nursing Homes
• Pressure Ulcers (Bedsores): A Common Injury in California Elder Abuse Cases
• Long-Term Care Medication Errors in California: Causes, Consequences, and Prevention
• Reporting Nursing Home Abuse or Neglect in California
• Elder Abuse in America: California Perspective
• California Nursing Home Residents Have Rights
• Scabies: An Indication of Elder Neglect in California
• MRSA Infections in California Nursing Homes