What Do You Do When Nursing Care Turns Negligent?
Nursing homes and long-term adult care facilities are meant to be secure, supportive environments for elders and other dependent adults. If the premises are allowed to become unclean or unsafe, or if the staff is not properly vetted and supervised, your vulnerable family member could be seriously harmed.
At Hodes Milman Ikuta, our attorneys are dedicated to protecting the rights of all our clients and their family members. This is especially true for the most vulnerable in our community, like the ill and the elderly. In pursuing justice for your case, we seek the improvement of safety standards in all long-term care homes.
If you are ready for legal representation, contact or call us directly at (949) 640-8222. Legal action could result in requiring the nursing homes to improve their policies and practices, or remove negligent actors. By reaching out today, you could help improve the quality of your loved one’s life, and the well-being of other patients or residents around them.
How Much Is a Nursing Home Negligence Case Worth?
The settlement or damages awarded in nursing home abuse cases can help you move your loved one to a safer situation. It can also help pay for therapeutic care related to their injuries, or replenish the funds that were robbed from them.
In a nursing home abuse settlement or verdict, compensation may cover:
- Medical costs for any hospital stays, ambulance transportation, medications, or specialist consultations.
- Lost income on the part of you and your family if you had to take time off work to investigate abuse suspicions, move your loved one out of a dangerous situation, or take on their care personally.
- Pain and suffering caused to the nursing home resident, like physical pain or psychological suffering that could impact their fragile health. This also could include the stress and grief you may have personally experienced while helping them.
- Financial repayment for missing funds or stolen property like jewelry, electronics, antiques, heirlooms, or medical equipment.
- Punitive damages, which are fees that a judge may order as punishment for the wrongdoers in your case, and then award to you.
Another area of compensation could come from a wrongful death claim, if the abuse or injuries led to your loved one’s death.
Taking advantage of individuals in need of care is an unacceptable breach of trust, professionalism, and humanity. Call Hodes Milman Ikuta at (949) 640-8222 to hold bad actors accountable.
What Is Considered Negligence in a Nursing Home?
Nursing home abuse can include verbal, physical, financial, and/or sexual abuse. Examples include:
- Verbal: Insulting or berating patients who cannot reliably report their abuse
- Physical: Pinching, flicking, smacking, punching, burning, shoving, or tripping residents
- Financial: Stealing or conning individuals our of their money or possessions
- Sexual: Any sexual comments, touching, assault, or forms of humiliation involving nudity
- Neglect: Failing to properly clean, medicate, and exercise patients in need of care is also abuse—these inactions can lead to infections, worsening conditions, bedsores, and other forms of injury that could lead to death if not caught in time
Residents of nursing homes and adult care facilities do not only include those who are physically dependent. They often house people with cognitive conditions like Alzheimer’s disease, dementia, and stroke survivors as well. Mental illness is also present in patients — diagnoses like schizophrenia, bipolar disorder, anxiety, and depression.
Taking advantage of individuals who are already in need of care is an unacceptable breach of trust, professionalism, and humanity. Contact Hodes Milman Ikuta to hold these bad actors accountable, and recover the financial resources your family needs to heal.
What Is the Most Common Abuse in Nursing Homes?
According to the World Health Organization (WHO), as many as 10,000+ abuse complaints are filed by or on behalf of nursing home residents each year.
Here are the statistics on reported nursing home abuse incidents (reports made by older adults and their proxies):
- Psychological abuse: 33.4%
- Physical abuse: 14.1%
- Financial abuse: 13.8%
- Neglect: 11.6%
- Sexual abuse: 1.9%
Psychological abuse has the highest percentage of reports, suggesting that there may be casual verbal harassment and torment from perpetrators. The nature of an adult care facility means there are many opportunities for private, unmonitored interactions with residents.
Any indication of abuse or signs of discomfort in your family member should be fully investigated and reported.
Download a copy of ‘What is The Most Common Abuse in Nursing Homes?” here.
Is It Difficult to Sue a Nursing Home?
Not with an experienced attorney on your side.
While there are challenges to overcome in just about every kind of lawsuit, suing a nursing home is within your rights, and there are laws meant to protect you. Our attorneys and staff at Hodes Milman Ikuta know how to build strong cases by gathering all available evidence and presenting clear arguments.
Our successful settlements and verdicts include:
- $2,400,000 settlement for an elderly man who suffered a brain injury caused by negligence
- $485,000 settlement on behalf of an elderly woman with a negligent spinal fracture injury
- $150,000 settlement for an elderly man whose femur was broken by a nursing assistant
If your loved one has been harmed by medical malpractice or negligence, we are experienced in helping elders, dependent adults, and their families assert their rights and improve their lives. Call us at (949) 640-8222 for representation — we advise, investigate, and seek compensation and justice on your behalf.
Contact Experienced Nursing Home Abuse Lawyers
If you are worried about your loved one’s safety right now, you can contact the U.S. Department of Health and Human Services (HHS) at their toll-free Eldercare locator and abuse hotline number. You can find advocacy tips and education resources at the National Center on Elder Abuse (NCEA). There may also be local resources listed at the National Adult Protective Services Association (NAPSA) by state.
However, these public resources mostly provide information and record your complaints — they do not get involved in investigating or provide direct help. For individualized advice and tangible help, contact the California offices of Hodes Milman Ikuta at (949) 640-8222 or by filling out our confidential online form to schedule an appointment.
Just because a person is dependent on nursing home care does not mean they are powerless.
Nursing Home Abuse FAQs
What are the most common forms of nursing home neglect?
Common forms of nursing home neglect/abuse include:
- Lack of supervision or monitoring
- Delayed medical care
- Lack of proper hygiene
- Unsanitary facilities
- Improper medication
Nursing home residents should not be treated like a burden or an afterthought. Their lives and well-being depend on conscientious care, and nursing home staff are there to provide that service. If they fail in their proper duties, a lawsuit may be filed against the employee, the management, and/or the company.
Is theft considered nursing home abuse?
Yes, abuse is not limited to physical or verbal harm, it can also take the form of financial transgressions. Stealing money, property, and information (identity theft) are all forms of abuse as well as crimes.
Is bad treatment between residents a form of nursing home abuse?
Yes, it can be. Under normal circumstances, individuals are largely responsible for their own actions. However, for resident-on-resident abuse, the bad treatment could be coming from a person who isn’t in control of their actions (as with mental illness), and should be prevented, stopped, and/or immediately remedied by staff. A failure to protect residents from themselves and each other is unacceptable.
What are the signs of nursing home abuse or mistreatment?
Nursing home abuse or neglect may be indicated by symptoms such as:
- Bed sores
- Weight loss
- Unexplained injuries
- Mental withdrawal
- Other sudden changes in behavior or appearance
However, it must be noted that these conditions don’t always point to abuse or neglect. To protect your loved one, you should make frequent visits to the facility to monitor his or her care. While there, note any unusual occurrences or changes in behavior and report your concerns to the administrator or supervisor.
For further aid in investigating your suspicions, contact our nursing home abuse lawyers at Hodes Milman Ikuta by calling (949) 640-8222.
ABOUT HODES MILMAN IKUTA
Hodes Milman Ikuta has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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