Corona, CA Nursing Home Negligence lawyer
When choosing a nursing home for your loved one, you likely did your homework to ensure the facility offers the utmost care. Unfortunately, elder abuse cases occur in nursing homes, although they can prevent them with proper safety precautions. Suppose the facility fails to provide the expected level of care for your frail or elderly family member. In that case, you need a compassionate nursing home negligence lawyer to hold them accountable.
At Yarian Accident & Injury Lawyers, we can help you sue a nursing home for the damages it caused you or your loved one. We remain passionate about representing families and individuals harmed by elder abuse. Contact our Corona nursing home negligence lawyer to find out your legal options to seek compensation.
How Common Is Nursing Home Abuse in California?
Nursing home negligence involves actions or inactions that fail to meet a frail or an elderly person’s basic needs, resulting in nursing home negligence. According to the National Center on Elder Abuse (NCEA), nursing home abuse and neglect are tragically common, where 1 in 10 Americans over 60 years experience one or more forms of elder abuse.
In California, older adults have a higher risk for abuse and neglect, especially when socially isolated from their loved ones. This suggests that older adults in nursing homes are more susceptible to neglect and abuse. Fortunately, families of nursing home patients can take legal action and hold abusers accountable if negligence occurs. If you suspect your loved one is being neglected, abused, or is a victim of exploitation in California, you may have a case to seek compensation for damages.
The Elder Abuse Prevention and Prosecution Act allows you to file a nursing home negligence lawsuit for injuries suffered by a loved one. Whether abuse or neglect, you can seek compensation, although each case is different depending on the damage. Hiring a Corona nursing home negligence lawyer lets you prove the case with well-analyzed evidence, essential for determining your monetary awards.
Typical Forms of Nursing Home Negligence Injuries
Yarian Accident & Injury Lawyers offer legal help on various nursing home negligence injuries.
If you or your loved one has any of these injuries due to elder abuse or medical malpractice, contact our Corona nursing home negligence lawyers immediately.
- Medication errors: This involves prescribing or administering the wrong medication or dose. It also includes prescribing medicines to patients without considering potential drug interactions or side effects.
- Nursing home falls: Patients without adequate supervision can get injured within a care facility. Environmental hazards and falls during transit can result in an injury.
- Physical or sexual abuse: The home staff or other residents can cause physical or sexual harm to the patient. Physical or sexual abuse in a nursing home sometimes leads to both criminal and civil litigation.
- Assisted living accidents: An accident can occur during home nursing, hospice care or at daycare centers, leading to a nursing home negligence lawsuit.
- Choking accidents: Due to lack of supervision or failure to assist the elderly, a nursing home can have increased choking risks and cause multiple choking incidents.
- Evidence of physical restraint: If you or your loved one has proof of physical restraints or drugs, or other chemicals used for restraining, you may have the right to file for a nursing home negligence lawsuit.
- Wheelchair accidents: This occurs while assisting a patient into or out of a wheelchair or during transportation.
- Broken bones or fractures: A patient can suffer nursing home negligence injuries due to an accident within the facility.
- Bed Sores: Also referred to as pressure sores or decubitus ulcers, they result from leaving a resident in one position for too long. Bedsores cause pain, infections, and even death.
- Untimely or wrongful death: If a family member dies due to staff negligence, you may have the right to file a wrongful death lawsuit against the care facility.
Effects of Nursing Home Abuse and Neglect
Nursing home abuse and neglect can affect a resident’s quality of life significantly. Physical abuse sometimes injures patients or worsens existing medical problems. Financial abuse affects an individual’s future access to care, particularly when critically ill. Different forms of nursing home abuse and neglect cause anxiety, depression, and other mental health conditions for an individual mistreated in a care facility.
Most nursing home abuse and neglect occur due to overworked or under-trained staff members. Because of this, residents receive below standard care, including wrong prescriptions or medications, supervision, and attention. Although an individual can change in a nursing home due to medication and other environmental factors, discuss any changes you recognize in your loved one with a caregiver.
Nursing Home Resident Rights In California
Nursing home residents are entitled to specific rights under state and federal laws. These laws ensure the vulnerable population receives appropriate services and care.
Among these rights:
- Manage their finances
- Have privacy when needed
- Complain and be heard when issues arise
- Not be restrained
- Not be discriminated against
- Have a representative informed when required
- Be respected
- Have ideal living arrangements
- Spend time with their loved ones and participate in activities
When Is the Best Time to Sue a Nursing Home for Negligence?
The process of filing a suit against a nursing home for negligence should commence as soon as possible. If you are filing a complaint against a nursing home lawsuit for neglect and abuse, the process should start with connecting with our Corona nursing home negligence lawyer. This enables you to understand available legal options, including simplifying the process.
Critical information to have in your complaint includes:
- Explanation of how the victim was injured, abused, or hurt
- Relevant facts associated with incidents of neglect
- Names of parties involved
Litigating a nursing home for negligence lets you and your family cover medical treatment and other expenses. It also prevents future neglect and abuse of residents living in a care facility. Most nursing homes change their policies after a lawsuit, intending to improve their level of care and prevent future cases.
However, taking too long before taking legal action after neglect can limit you from filing for a nursing home negligence claim. The Corona statute of limitations for nursing home lawsuits is two years under section 335.1 of the California Code of Civil Procure. With our Corona nursing home negligence lawyer, you could file your case within this deadline.
Hold Negligent Nursing Homes Accountable
Nursing homes and their staff hold a position of trust. Breaking this trust accompanies devastating consequences for families and residents. If a facility fails to provide appropriate care, you need to take legal action to protect your loved one.
According to the National Institute on Aging (NIA) report, nursing home negligence has warning signs that suggest below-standard care.
- Weight loss or gain
- Lack of personal hygiene
- Severe medical conditions due to a nursing home’s failure to provide appropriate medication
- Sudden personality or behavior changes, like depression, self-harm, anxiety, or withdrawal from daily activities
Caps on Damage Awards You May Receive
Several elements help determine the compensation our Corona nursing home negligence lawyer could recover for you.
These can include:
- Medical expenses
- Loss of enjoyment in life
- Property damage
- Pain and suffering
- Mental anguish
Our nursing home negligence lawyer may recommend other awards based on different factors such as your loved one’s age, family involvement, nursing home’s conduct, or loved one’s mental capacity. According to CIV 3333.2, the award you receive may include caps in your nursing home abuse or neglect case.
Based on this statute:
- You can receive a $250,000 cap on non-economic damages, like pain and suffering, disfigurement, or physical impairment.
- Economic damages are unlimited since they rely on your actual financial losses.
At Yarian Accident & Injury Lawyers, we can help you understand what to expect in your lawsuit. Our Corona nursing home negligence lawyer can also review and calculate your losses, determining how this statute could affect your claim’s value.
Laws Protecting Corona Nursing Home Residents
California has enacted various laws to protect older adults’ welfare and those residing in nursing homes. These laws help ensure residents in a nursing home have rights to proper care, supervision, and attention.
Under the Welfare and Institution Code and the Health and Safety Code, some of these laws include:
- Elder Abuse and Dependent Adult Abuse Civil Protection Act
- Health and Safety Code – ensures nursing homes have constant “skilled and supportive care” for residents. Older adults in a nursing home should receive 24-hour proper nutrition, medical services, inpatient treatment, and activity services due to their vulnerable state.
- Mello-Granlund Older Californians Act – includes a state long-term care ombudsman who investigates reports of neglect and abuse, including monitoring treatment of older adults aged 60 or older in nursing homes and residential care centers.
- Protective Placement and Custody of endangered Adults – provides emergency protective custody for vulnerable older adults suspected of neglect or abuse. Cases of physical abuse sometimes result in physical harm and must be reported to Corona law enforcement authorities immediately.
Nursing homes must also meet specific requirements for Title 22 licensing. These are laws that ensure nursing homes and residential care facilities provide required care for older adults.
How a Corona Nursing Home Negligence Lawyer Can Help
Representing yourself can lead to far less compensation than you need to pay for your or your loved one’s injuries.
Here are a few things that our Corona nursing home abuse and neglect lawyers can do to protect you or your loved one.
#1. Gather Key Evidence
Much of the evidence required to strengthen your lawsuit will likely be in the facility’s possession. However, most nursing homes might refuse to provide such information voluntarily to weaken your case. Sometimes, the evidence can be destroyed or altered. Hiring our Corona nursing home negligence lawyer helps to ensure your case has all the necessary evidence it requires.
If the nursing home withholds the evidence, our Corona nursing home negligence lawyer can file subpoenas to obtain evidence and know which evidence best suits your case.
- Caregiver keycard data
- The resident’s medical record
- Medical expert deposition
- Eyewitness deposition
- Nursing home staff schedules
- Nursing home hiring and training practices
#2. Cover All Damages
Since nursing home abuse and neglect victims have the right to seek compensation, you may leave certain damages out of your settlement calculations. Accepting the settlement limits you from further compensation if you file for medical costs and overlook other damage. Hiring a Corona nursing home negligence lawyer helps to ensure you cover all damages.
This allows you to pursue other non-economic and punitive damages you or your loved one has undergone in a nursing home. It also helps prevent regrets when you discover the settlement you received was unfair.
#3. Show Seriousness in the Case
Most insurance companies take a hard line during settlement negotiations when you represent yourself in a nursing home negligence case. Hiring our Corona nursing home negligence lawyer can help you enforce your rights, making the opposing party more inclined to cooperate. Since a lawyer understands relevant case law and statutes, it allows you to show the opposing party that you are seriously pursuing compensation.
#4. Avoid Critical Mistakes
Various mistakes can derail your case. Posting the case on social media, not tracking damages, and providing recorded statements are some errors resulting in costly disputes and delays. Hiring our Corona nursing home negligence lawyer helps ensure you avoid such mistakes. The intent is to build a case without mistakes or errors, helping to ensure you receive your compensation. Our Corona nursing home negligence lawyer can guide you throughout the proceedings and advises on critical errors that influence your claim.
Contact Our Corona Nursing Home Negligence Lawyers
A Corona nursing home negligence lawyer should handle any allegation of nursing home neglect or abuse. At Yarian Accident & Injury Lawyers, we can help you file a nursing home negligence lawsuit, follow the appropriate legal process, and get compensation for you or your loved one’s injuries.
Yarian Nursing Home Negligence Corona, CA Office Location1611 Pomona Rd #222
Corona, CA 92878
Phone: +1 951-523-0000