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Burbank Elder Neglect Lawyer
Burbank elder neglect attorneys advocating for seniors in California
The older society gets, the more difficult decisions about long-term care must be made. The need to enter a nursing home involves uprooting a senior's entire life. This is not a decision that is taken lightly. Once you decide to move, the next step is finding a suitable facility. Often, nursing homes will put their best foot forward during an initial walk-through. However, over time, there can be staff changes, and the home you were once comfortable with is now a prime location for neglect. If a senior resident suffers neglect, you can file a civil claim with the help of the Burbank elder abuse lawyers at Garcia & Artigliere - call us today to schedule a consultation.
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How are Burbank caretakers neglectful?
Burbank caretakers can be negligent in several ways, and when they are, it can lead to catastrophic injuries and death. California Elder Abuse Law considers neglect to be a negligent failure on behalf of a nursing home to provide a reasonable standard of care to residents in their custody. Long-term care facilities and nursing homes have a contractual, moral, and legal responsibility to provide residents with treatment and care. Unfortunately, many nursing homes do not uphold their end of the deal.
There is a range of misconduct that can constitute neglect. Generally, lack of personal hygiene and failure to provide food, water, and other basic needs constitute neglect. Nursing homes and caretakers must also prevent safety and health hazards. Often, it is not a singular incident but a pattern of neglectful actions that causes physical or mental problems. The most common types of neglect include:
- Medical neglect happens when a caretaker is not meeting a resident's medical needs. It can involve:
- Not administering medications when necessary
- Not moving residents who have mobility issues
- Not reporting signs of illness or infections
- Improper medical care for preexisting and reported conditions
- Personal hygiene happens when staff do not adequately provide hygienic services to residents. This is more than about appearances; it can significantly impact their health. It can even lead to deadly infections. Personal hygiene neglect includes:
- Not checking on residents regularly
- Failing to change bedding or clothing
- Not properly bathing residents
- Neglect of basic living needs is failing to provide the bare minimum of care and may involve:
- Providing insufficient food and water to the senior resident
- Not cleaning the resident's rooms or common areas
- Not keeping the nursing home at a comfortable temperature
- Social and emotional neglect occurs when residents are isolated or unable to participate in enrichment social activities. Social interaction is a vital aspect of improving and maintaining mental health. Social neglect consists of:
- Not moving residents with mental or mobility issues
- Isolating vulnerable residents
- Failing to provide mobility devices to residents so they can move around and socialize
What causes elder neglect in Burbank?
Determining what caused the neglect can be instrumental in building your legal claim. Depending on the cause, different parties can be responsible. Staffing issues are the primary concern and cause of neglect. The most common causes of nursing home neglect include the following:
- Inadequate staffing: Understaffing is a significant concern for resident care as it reduces the facility's quality and services. Often, the staff is overworked, cannot fulfill duties, and can make mistakes that lead to catastrophic injuries. The American Healthcare Association reports that as of 2022, 94% of facilities nationwide could not fulfill minimum staffing requirements.
- Negligent hiring practices: Before caregivers can enter a facility, they must go through a hiring process involving background checks and education on becoming a caregiver. Those in charge of hiring should ensure caregivers and support staff are qualified for their roles and must also ensure residents are safe. Former criminals, alcoholics, or drug addicts should not enter facilities, and should never get hired.
- Poor training: Having an education and passing a background check are insufficient to take care of residents. Caregivers can commit neglect if they do not receive training from the hiring team and facility. Poor training can result in medication errors, which may lead to health complications and death.
These are the primary causes but other issues can also cause neglect. Discuss your suspicions and anything you noticed while in the nursing home with our Burbank neglect lawyer.
Why does neglect of the elderly occur in Burbank?
One reason for neglect is when the nursing home puts profit over people. They are corporations that make a profit from their residents, which might lead to them finding ways to cut costs by hiring inexperienced or inadequate staff. This can cause caretaker stress, and with more residents than they can care for, neglect and abuse are prevalent. Other times, it is a singular caretaker with a history of abuse. They may jump from home to home to avoid being caught.
Elder neglect is egregious and unacceptable. This neglect is illegal, can cause injury and death. and the parties who participate must be held accountable. Garcia & Artigliere advocate and fight for our clients to rebuild after this mistreatment. Some signs you can look for that may signify neglect include:
- Preventable falls
- Pressure sores
- Dehydration and malnutrition
- Issues with personal hygiene
- Sleep disturbances and insomnia
- New medical conditions that go untreated or are covered up and self-treated
- Burns, bruises, and broken bones
- Personality changes
Even with these signs, it can be challenging to detect neglect. The main reason is that many residents have underlying conditions that staff can blame for these issues. Additionally, those residents with cognitive disabilities may not remember and, therefore, cannot report the neglect. Other signs of neglect include:
- Fear of a caregiver
- Administering medications that interact with others, leading to severe side effects
- Incorrect medication dosages
- Unsanitary living conditions
- Unclean residents
How do your lawyers fight for seniors who are being neglected in Burbank?
The National Center for Victims of Crime reports that 15.3% of elder abuse complaints stem from neglect. You can report elder neglect to a staff member or the local long-term care ombudsman and can also pursue a civil claim by contacting a Burbank elder neglect lawyer. Residents of nursing homes suffer consequences stemming from neglect, such as:
- Lack of cleanliness
- Bad odor
- Fatigue
- Anemia
- Dehydration
- Insomnia
- Suicidal thoughts
- Isolation and loneliness
- Mistrust of others
- Wrongful death
These consequences are life altering for residents. The nursing homes and caregivers who inflicted this harm on them should also face consequences, which might include civil and criminal penalties. Staff can lose their ability to care for others and, depending on the circumstances, may also have to pay fines and face incarceration. If your loved one is being neglected at a nursing home, don’t hesitate to contact a Burbank neglect lawyer immediately.
Do you have a Burbank elder neglect lawyer near me?
Garcia & Artigliere fight for clients throughout California. We can sue the nursing home and its staff for neglect on your behalf if it caused your loved one harm. Sometimes these facilities are shut down, or they are ordered to revamp to meet standards of care.
Talk to a Burbank elder neglect lawyer today
When a loved one suffers neglect because of negligent hiring at a nursing home, they deserve to be compensated for their injuries. Call or submit our contact form to contact the Long Beach or Los Angeles offices of Garcia & Artigliere and schedule a confidential consultation with a Burbank neglect lawyer today.
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