Nursing Home Wrongful Death
Nursing homes are supposed to be safe spaces where your family is well taken care of, however that does not appear to be the case. Nursing home abuse and neglect can lead to changes in a resident’s health conditions that may even lead to death. If your loved one was a victim of a nursing home or neglect that may have led to their death, consult with a legal counsel to file a wrongful death suit.
Glendale Nursing Home Wrongful Death Attorney
If you know your loved one was suffering from neglect or abuse inside the nursing home, and that their death may be connected to that, you can consult with an attorney for wrongful death to recover some damages following the tragedy. Though no amount of money can bring back your loved one back, you can hold the nursing home accountable for their actions so that no other family will go through the same again.
Our wrongful death attorneys at Yarian & Associates, APC will not settle at first offer, but instead make sure that we are recovering the settlement you rightfully deserve for your case. If you are having difficulty paying off medical bills and burial bills for your loved one, you do not have to face this alone. Let us litigate on your behalf. Per statute of limitations, you only have four years to file for a wrongful death suit, so do not let time be wasted.
At Yarian & Associates, APC, we work with clients in the counties of Los Angeles and Tulare. Call us at (844) 291-1911 to schedule a confidential consultation or fill out an initial contact form on our website.
Overview of Nursing Home Wrongful Death
- Nursing Home Abuse Wrongful Death
- Nursing Neglect Wrongful Death
- Wrongful Death Under California Court
- Additional Resources
Nursing Home Abuse Wrongful Death
Nursing home abuse is a direct form of abuse in which the nursing home and staff are acting intentionally to get a reaction from the resident. Nursing home abuse can take place in different ways, including but not limited to:
Physical Abuse: Physical abuse is an abuse that is physical. Resident home staff are physically abusive when they intentionally assault the resident’s body using either a body part or an object (i.e., kicking, pushing, striking, slapping).
Economical Abuse: Economical Abuse is an abuse that is preyed on the resident’s personal property and real property. Personal property can either be intangible or tangible, so anything from cash, credit, stocks, bonds, electronic devices, jewelry, or other personal belongings. A nursing home staff can be economically abusive if they steal or take the resident’s property without the resident’s knowledge or permission. However, especially in terms of assets like bonds, retirement accounts (401K or IRA), or real property like a land or house, a nursing home staff can use other forms of abuse, such as physical or emotional to manipulate the resident to do certain things with their property for the benefit for the nursing home or their staff.
Emotional/Psychological Abuse: Emotional or psychological abuse of a resident in a nursing home can be any action done purposefully that prompts the resident to react emotionally. Emotional abuse or psychological abuse can be both verbal and nonverbal and can be done either through aggressive actions such as yelling at the victim for dropping an object on the floor, or never heating her food properly. Emotional or psychological abuse can also be done in the first person where the nursing home staff addresses them directly, or it can be done using a third party.
Other actions may include but are not limited to:
• Passive aggressiveness
• Name-calling or using derogatory “pet names”
Nursing Home Neglect Wrongful Death
Just as nursing home abuse can deter a resident’s condition to the point of death, nursing home neglect can do the same. When a resident’s well-being is neglected, he or she is susceptible to suffering and injuries and worsening conditions. Some examples of neglect can include:
• Not feeding the resident
• Not cleaning up the resident’s room
• Not keeping up with the resident’s hygiene
• Not checking up on the resident regularly
• Not interacting with the resident regularly
Individuals caring over the resident and coming to visit can notice both signs of abuse and neglect such as:
• Unexplained injuries or bruises
• Decrease in social skills
• Lack of communication with the nursing home
• Clear sign of malnutrition
• Psychological issues
Wrongful Death under California Court
Wrongful death works like a personal injury lawsuit, in which an individual or entity’s reckless or negligent action can lead to the victim’s injuries or death. Under California law, you must file a lawsuit for wrongful death case within two years of the date of the death.
Only certain individuals can file for a wrongful death suit on behalf of the victim. The individuals allowed to recover include the deceased’s spouse, children under 21, and other individuals who were legally supported by the deceased. The damages allowed to recover can include funeral and burial costs, pain and suffering, and in some circumstances, punitive damages.
California Department of Social Services | Adult Protective Services (APS) — The California Department of Social Services gives an overview of general elder abuse that includes potential signs to watch out for when trying to detect it. Adult Protective Services (APS) is a state agency that oversees identifying elder abuse cases and aiding to change the elderly people’s circumstances.
National Center on Elder Abuse | Prevention Strategies — The National Center on Elder Abuse is governed by the U.S. Department of Health and Human Services. Their initiative provides awareness about elder abuse, including statistics behind present and past reported abuse across the country. The prevention strategies mentioned in the page are ways in which the abuse on elderly can be reduced whether through specific preventative measures such as a living will, advance directive, etc. and regulated registries of individuals who have been accused of elder abuse before.
Nursing Home Wrongful Death Lawyer in Los Angeles County, CA
If you suspect your loved one’s life was cut short as a result of their care inside the nursing home, you can consult with a wrongful death attorney. There are ways in which any neglect or abuse happening inside the nursing home may have impacted your loved one’s condition while a resident of the nursing home, you want make sure to not overlook the fact before deciding to move on while still being confused about the way things happened.
Our attorneys at Yarian & Associates, APC understand this is a difficult time for you, and we want to help ease the situation for you. Bring your case to us and we will help explore the best legal options for you. Our wrongful death attorneys are experienced in negligence-based cases in which it is necessary to hold the other party accountable for their actions. We will fight aggressively on your behalf, so that you can have a peace of mind.
At Yarian & Associates, APC, we work with clients in the areas of Glendale, Los Angeles, Visalia, Pasadena, Irvine, Riverside, Long Beach, Santa Monica, San Bernardino, and more. Call for a consultation at Yarian & Associates, APC or fill out a free case review form on our website.