Hospice care is a critical service providing comfort, dignity, and compassionate support as a person enters the final days of their life. Abuse and neglect in hospice settings can leave patients and their families feeling betrayed. Allegations of abuse can also be devastating to a caregiver. At Hunter Law, our Orange County hospice care abuse lawyer is dedicated to helping families and individuals who find themselves embroiled in this type of situation.
Let our deep knowledge of California law and unshakeable commitment to justice go to work for you. Whether you have experienced elder abuse in a hospice care facility, are pursuing a wrongful death medical malpractice claim, or are a hospice worker who has been implicated in a neglect case, we can offer swift and cost-effective legal help. From our main offices in Irvine, Hunter Law is proud to serve all of Orange County and the surrounding area.
Hospice Abuse and Neglect: A Challenging Legal Landscape
Hospice abuse cases are challenging, not just legally but also emotionally. Consider the following elements and how they might shape a legal proceeding:
- Patients checked into hospice care are, by definition, expected to pass away in the near future, making it extremely difficult to disentangle the natural course of things from the results of abuse or neglect.
- Family members are going through an extremely difficult time, making it difficult for them to focus constructively on the legal process.
- There is often very little hard evidence available in hospice abuse and neglect cases.
- It can be challenging to differentiate between bad behavior by a single hospice employee and the institutional failures of the hospice facility itself (making it difficult to decide who to bring litigation against).
- Hospice care facilities are largely applauded and thought of as a public good. This means legal actions taken against them may be unpopular, and in the worst-case scenario could be impacted by the bias of court officials and witnesses.
Hospice care is intended to offer a final worldly home, a place of peace, support, and comfort for those living through the final stages of terminal conditions. Instances of in-hospice abuse, as well as false allegations, may seem unfathomable to many. Unfortunately, reporting and previous court cases show that both of these circumstances do indeed occur.
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Hospice abuse can be difficult to identify. Like other types of abuse, hospice abuse (and elder abuse in general) exists on many different levels and manifests in many different ways. Some potential types of hospice abuse include:
- Physical Abuse – Outright physical assaults are an obvious form of abuse, but rough handling, unnecessary restraints, and failure to provide certain types of care can also qualify as physical abuse in some situations.
- Neglect – Failing to provide a hospice patient with food, medicine, hygiene assistance, or other needs is a form of abuse.
- Emotional and Psychological Abuse – If staff intimidates, harasses, scares, or embarrasses a vulnerable patient, this may constitute a severe (and legally actionable) form of emotional abuse.
- Financial Exploitation – This can include the theft of a patient’s cash upon their passing, coercing an incapacitated patient into signing over assets, overcharging a patient by confusing them with bogus fees, or financial violations targeting hospice patients and elderly nursing home residents.
- Medical Malpractice – Because a hospice facility is not just a short-term residence but also a type of healthcare facility, it may also be subject to certain medical malpractice laws, particularly when abuse or neglect occurs at the hands of a doctor or other healthcare provider.
With such sensitive and complicated legal matters, it is important to enlist the services of a reputable and experienced Orange County hospice abuse attorney to ensure all parties are protected and justice can be sought.
FAQs:
Hospice care in California is overseen by the California Department of Public Health, with the California Department of Health Care Services and other agencies also helping with certain aspects.
If you believe a loved one is suffering hospice abuse, you can file a complaint directly with the CDPH. If this abuse involves the commission of a crime, or if you are worried for the patient’s immediate safety, you can also report your concerns directly to local police, who may be able to intervene on a more rapid timeline.
Some of the signs of hospice care abuse can be the general neglect of the patient’s basic needs. Frequent falls can also occur when a patient is being abused or neglected. Other common signs of hospice abuse are dehydration, bedsores, or problems with medication errors. If you suspect abuse is occurring, document all observations and contact an attorney who focuses on elder abuse cases.
The penalties if convicted of elder abuse in California can be severe but will depend on the circumstances of the case. In a case of elder abuse, the individual could be charged with a misdemeanor or felony. There are various forms that abuse can take in these cases, and a conviction could come with prison time and hefty fines. If you are facing allegations of elder abuse, it is crucial to reach out to an elder abuse attorney as soon as possible.
The patient, their insurance provider, or a charity organization might pay for hospice care in California, depending on the patient’s circumstances and resources. Medicare and many private insurance plans offer hospice benefits at one level or another, and many facilities also accept out-of-pocket payments from patients and their families. You can also look into charitable programs that help pay for hospice services in your area.
Hunter Law – Powerful Advocacy for Hospice Abuse Cases in Orange County, CA
If you or a loved one is experiencing abuse in a hospice setting, or if you have been somehow implicated in a hospice abuse case, don’t wait to take action. We can help you use the law to ensure justice is upheld. Contact our Irvine, CA offices today to set up a confidential consultation.
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