Nursing Home Negligence Attorney
(805) 676-1985
As loved ones grow older, there are times in which working family members become unable to take care of them at home any longer. When they are unable to look after the elderly members of the family, California households are increasingly turning to licensed nursing homes, residential care centers, and assisted living facilities to ensure that loved ones get the appropriate attention, care, service, love, and compassion that they deserve.
Regrettably, with the rise in admittance, we see some care facilities failing to live up to the promises they make to care for our family members. We listen to, and see stories of, assisted living facility residents who are subjected to neglect, emotional harassment, physical abuse, and other forms of abuse.
Elder neglect and mistreatment in California is a serious problem that trickles down through care centers and nursing homes all over the state. If you or a loved one has been a victim of nursing home neglect, you may be entitled to compensation. The nursing home negligence attorney at Malcolm Tator Law is dedicated to advocating for nursing home residents. Contact us today at (805) 676-1985 so we can help give you the justice you deserve.
Common Causes of Nursing Home Abuse:
Whether it’s exploitation, neglect, or physical abuse, there are recurring and common reasons as to why nursing home abuse happens.
Understaffing. Understaffing at nursing home facilities is unfortunately common in California, and citations to the Department of Health may be looked up to reveal if the institution has any violations. It is estimated that by 2025, California’s older population will have increased to almost 7 million — an accelerated rate which will undoubtedly add to the problems with overstaffing as nursing home facilities probably won’t be able to keep up.
http://www.ppic.org/content/pubs/report/R_215HJ3R.pdf
Incompetence. An absence of suitable training and certification is far too common in unlicensed facilities. What you find is problems such as caretakers not accredited or properly qualified to be taking care of those in assisted living facilities, failure to appreciate symptoms and signs of dehydration or bedsores, or failure to appreciate signs of mental confusion or drug overdose. This is often where inadequately trained caretakers are on the job. These unlicensed nurses can cause more detriment than they probably know.
Stress and Exhaustion. In locations where understaffing is an issue, existing staff are forced to work more hours than is prudent or safe. Where understaffing exists, competent caretakers on duty may have too much on their plates, leaving the door open for care that is lacking or inadequate. Additionally, the frustration that builds up can result in inadvertent physical and psychological abuse toward those in nursing homes.
Neglect. Neglect is a direct type of abuse that’s frequently the end result of understaffing or insufficient staff training. It happens when nursing home workers fail to take care of their patients, like forgetting to carry them into treatment they need such as feeding or bathing them and allowing calls for help to go unanswered. Watch California Welf. & Inst. Code 15610.57 (defining neglect as a kind of elder abuse).
Neglect
- Includes, but is not limited to failure to provide medical care for physical and mental health needs.
- Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
- Failure to protect from health and safety hazards.
- Failure to prevent malnutrition or dehydration.
The legal definition of elder abuse and neglect under California law:
Under California’s Welfare and Institutions Code, nursing home abuse and neglect is defined as “physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or the deprivation by a care custodian…” Any unexplained injury or death may be the result of abuse or neglect, and the nursing home negligence attorney from Malcolm Tator Law can help you investigate what may have happened. Most often these cases involve falls with fractures, bed sores, or a failure to recognize the declining health of a resident, and a failure to take appropriate action.
Assisted Living Negligence Lawyer
If you believe that you or a family member is a victim of a nursing home’s negligence, Malcolm Tator is ready and able to help you with your legal claim. No matter the type of negligence case, it’s vital not to delay in gathering evidence and getting the legal proceedings in motion. To get started now, give Malcolm Tator Law a call at (805) 676-1985 or contact us online.
Nursing Home Negligence Attorney for Oxnard, Port Hueneme, Ventura, Camarillo, Somis, Santa Paula, Newbury Park, Thousand Oaks, Ojai, Moorpark, Westlake Village, Malibu, Oak Park, Carpinteria, Simi Valley, Agoura Hills and surrounding areas.