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Los Angeles Nursing Home Abuse & Neglect Attorneys
Tough representation for California seniors who rely on professional elderly care
The senior populations of Los Angeles and California are expected to grow rapidly over the next few decades. Many seniors, especially people with dementia or Alzheimer’s, live in nursing homes and long-term care facilities. Seniors and their families have the right to expect that private at-home caretakers, adult daycare centers, and residential care facilities will treat the elderly with the respect, dignity, and compassion they deserve. When nursing homes fail to protect their residents, Garcia & Artigliere is here to hold them accountable and seek justice for you. We have:
- More than 30 years protecting the rights of nursing home residents
- More than 150 years of combined experience fighting for seniors who suffer harm
- Acting as lawyers in matters leading to more than 3 BILLION DOLLARS recovered for consumers across America
Don’t wait to speak with our award-winning California lawyers. Call or contact Garcia & Artigliere in Los Angeles now if you or someone you love is not receiving quality nursing home care due to abuse or neglect. We’ve helped thousands of seniors obtain strong recoveries for abusive, reckless, or substandard care. The consultation is free and confidential.
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How can we help?
- What conduct qualifies as nursing home abuse or neglect in Los Angeles?
- What signs of nursing home abuse or neglect should family and friends review?
- What legal rights do nursing home residents have?
- Who is liable for nursing home abuse and neglect in California?
- What should I do if I suspect my loved one is being abused or neglected in California?
- Do you have a Los Angeles nursing home abuse attorney near me?
What conduct qualifies as nursing home abuse or neglect in Los Angeles?
The US Centers for Disease Control and Prevention (CDC) states that elder abuse includes intentional acts or failures to act that harm adults 60 and older harm or create the risk of harm. The main types of abuse that apply to nursing home care are physical, sexual, emotional, and financial abuse; and gross neglect.
| Category | Definition | Examples |
|---|---|---|
| Physical Abuse | Physical abuse is when an elder experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force | Includes acts such as hitting, kicking, pushing, slapping, and burning. |
| Sexual Abuse | Sexual abuse involves forced or unwanted sexual interaction of any kind with an older adult. | May include unwanted sexual contact or penetration or non-contact acts such as sexual harassment. |
| Emotional or Psychological Abuse | Emotional or psychological abuse refers to verbal or nonverbal behaviors that inflict anguish, mental pain, fear, or distress on an older adult. | Examples include humiliation or disrespect, verbal and non-verbal threats, harassment, and geographic or interpersonal isolation. |
| Financial Abuse | Financial abuse is the illegal, unauthorized, or improper use of an elder’s money, benefits, belongings, property, or assets for the benefit of someone other than the older adult | Examples include the use of credit cards, pressuring the senior to sign a power of attorney, and pressuring the senior to change his/her will. |
| Neglect | Neglect is the failure to meet an older adult’s basic needs. | These needs include food, water, shelter, clothing, hygiene, and essential medical care. |
Los Angeles nursing homes must follow the applicable federal and California laws that regulate the type of care the homes can provide and how the care should be provided. Nursing homes can be held liable when anyone (a doctor, staff member, resident, visitor, administrator, or contractor) abuses a senior if they failed to implement procedures to stop the abuse from occurring, respond to complaints, or take disciplinary actions. Garcia & Artigliere is ready to assert your rights when nursing homes cause or tolerate nursing home abuse or neglect. We also handle wrongful death claims.
Medication mistakes and negligence in nursing homes
The National Library of Medicine’s StatPearls reports that medication mistakes cause 7,000 to 9,000 deaths each year. “Hundreds of thousands of other patients experience but often do not report an adverse reaction or other medication complications” each year. Nearly 6,800 prescription medications and “countless” OTC medications are available in America.
Severe complications can occur if a Los Angeles nursing home resident receives the incorrect medication or the improper dosage. Medications must be given at the correct time of day. Nursing home staff need to understand the possible adverse interactions with other medications. The staff needs to understand the possible side effects.
Nursing homes are required to comply with federal and state guidelines as well as standard nursing home best practices. Nursing homes should work with experienced senior care physicians and pharmacists, and ensure that their staff are properly licensed, certified, and trained.
Los Angeles nursing homes should be held liable when a senior suffers any type of adverse reaction, illness, injury, or death because of a medication mistake.
Negligent nursing home care includes:
- Prescribing or administering the wrong medication or the incorrect dosage
- Failing to give the medication at the correct times of day and week
- Not providing liquids with the medications
- Failing to use the correct method to administer the medications such as with eyedrops or with or without food as required.
- Failing to ensure that the resident swallows the medications
- Failing to know when pills can/can’t be cut or crushed
- Not recording what drugs were given and when
- Not monitoring the resident after the resident takes the medication
Delayed or denied treatment for stroke
The (CDC) reports that in 2021, “1 in 6 deaths from cardiovascular disease was due to stroke,” and that nearly 800,000 people have strokes each year. Most strokes are ischemic strokes which occur when the resident’s blood cannot reach the brain. A commonly used treatment that helps bust the dangerous blood clots that lead to ischemic strokes is tissue plasminogen activator (tPA). tPA should be administered within three (3) hours of a Los Angeles nursing home resident’s stroke to help victims “recover fully or have less disability than patients who do not receive the drug.
Garcia & Artigliere has the experience and resources including working relationships with cardiologists and other physicians to help show delayed or mistreatment of stroke occurred and caused a resident’s trauma or death.
What signs of nursing home abuse or neglect should family and friends review?
Most seniors who are abused or neglected at nursing homes cannot speak for themselves due to cognitive impairment (such as dementia or Alzheimer’s), fears of being punished, or physical frailty. They rely on family and friends to help monitor their treatment. Sons, daughters, siblings, grandchildren, and everyone who takes the time to visit seniors during their nursing home stay should look for the signs and symptoms of abuse and neglect.
Many of the signs are physical including:
- Bedsores
- Malnutrition and dehydration
- Bruises and scars that cannot be explained
- Difficulty going to the bathroom
- Bowel and bladder injuries
- Infections that aren’t treated
- Broken bones /fractures
- Scabies or bed bugs
- Evidence that suggests a resident could fall or did fall
- Physical or chemical restraints
- Evidence that a senior is not receiving his/her medications or medication errors are occurring
- Fatal injuries
Signs of sexual abuse, emotional abuse, and neglect include:
- Withdraw and isolation
- Anxiety, irritability, and depression
- Poor hygiene and poor grooming
- Fear of staff or other residents
- Unsanitary living conditions
- Wandering/eloping residents
- Feeding and breathing tubes that are dirty or clogged
At Garcia & Artigliere, our Los Angeles nursing home abuse and neglect lawyers understand the signs and symptoms of elder abuse and nursing home neglect because we have already helped thousands of seniors just like your loved one.
According to the National Council on Aging:
“Elder abuse is a silent problem that robs seniors of their dignity, security, and—in some cases—costs them their lives. Up to five million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.”
What legal rights do nursing home residents have?
Residents of Los Angeles nursing homes have rights that are guaranteed by the Nursing Home Reform Act (NHRA) of 1987 as part of the Omnibus Budget & Reconciliation Act of 1987 (OBRA ‘87). These rights generally apply to nursing home facilities that bill Medicare or Medicaid – most nursing homes do bill these federal agencies.
These rights protect seniors’ health care rights, financial rights, personal rights, and their rights to file grievances. These rights help ensure that the residents have control over their well-being including the right to control their medical care, the activities they engage in, who they can see and communicate with, and the right to be safe and secure.
Our Los Angeles nursing home abuse and neglect lawyers will explain the rights of each senior and the legal options of the seniors and families. We seek to enforce these rights. We also seek to compensate seniors when violations of these rights cause any type of healthcare, physical, or emotional harm.
Who is liable for nursing home abuse and neglect in California?
Most nursing homes’ acts of abuse and neglect are repeated. Many involve multiple residents. Nursing homes are generally responsible for the negligent acts of their employees. They are also responsible for any abuse that occurs if they failed to comply with the applicable laws and regulations or failed to implement policies and procedures to prevent abuse, respond to abuse, and discipline abusers. The Los Angeles nursing home neglect and abuse attorneys at Garcia & Artigliere are skilled at holding all responsible parties accountable for any harm to seniors. We file claims against:
- The nursing homes
- The owners and operators of the nursing home or long-term care facility
- The administrators of the nursing homes
- The individual staff members
- Medical providers
- Volunteers
- Contractors and other third-party vendors.
We’ll help you obtain justice when a nursing home resident suffers.
What should I do if I suspect my loved one is being abused or neglected in California?
Please call us as soon as you suspect your loved one is being harmed. There is a short time limit for filing a claim. There are many practical and legal steps to consider. Some of these steps include:
- Document what you see. This includes taking photos and videos of the senior’s rooms, physical appearance, and any aspect of the facility that seems unsafe.
- Call your Long-Term Care Ombudsman. How to Find the Long-Term Care Ombudsman in Every State (aarp.org)
- Contact Garcia & Artigliere. Our Los Angeles nursing home and elder abuse attorneys have been fighting for the elderly for 30 years. We’ve obtained billions of dollars in recoveries for abused and neglected seniors.
Do you have a nursing home abuse and neglect attorney near me?
Garcia & Artigliere’s Los Angeles office is located at 2029 Century Park East, Suite 400. We represent clients in Los Angeles and across America. Let us help.
Respected lawyers for victims of nursing home neglect and abuse in California
Get help for your loved one now. The nursing home abuse and neglect attorneys of Garcia & Artigliere are ready to explain your rights and fight for just compensation. To schedule a free, confidential consultation with us, please call or contact our offices in Long Beach, New Orleans, Phoenix, and Louisville.
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