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Pasadena Lawyers Handling Claims of Elder Neglect
Strong advocacy when long-term and short-term caretakers fail to protect seniors
Caretakers of the elderly charge a healthy fee for their services. These fees may be paid by Medicare, Medicaid, the senior who is receiving the care, or others. In return, the caretaker is obligated to provide competent care. In addition, caretakers are governed by federal laws and California laws. There are common precautions that must also be in place, such as ensuring the elderly are fed, live in a safe place that doesn’t risk falling or diseases, are socially engaged, and have individual care plans. In addition, many caretakers are required to provide medical care. At Garcia & Artigliere, our Pasadena elder abuse lawyers have been holding caretakers accountable for neglecting the health and happiness of seniors since 1993. We’ve obtained more than $3 billion in recoveries, and we’re ready to demand compensation for the physical and emotional harm that results from neglect. Call us today to assert your rights.
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How can our Pasadena elder neglect lawyers help?
- What regulations govern the care Pasadena caretakers must provide?
- What are the different types of elder care neglect in Pasadena?
- Why does neglect of the elderly occur in Pasadena?
- How do your lawyers fight for seniors who are neglected in Pasadena?
- Do you have a Pasadena elder neglect lawyer near me?
What regulations govern the care Pasadena caretakers must provide?
At Garcia & Artigliere, our Pasadena elder care neglect attorneys help ensure that long-term care facilities, rehabilitative care, home-health care agencies, and other types of elder care businesses comply with their legal requirements under federal and state laws that were enacted to protect the elderly from severe physical harm, emotional damage, and fatalities.
Some of the laws and regulations that govern Pasadena caretakers include:
- Centers for Medicare and Medicaid Services (CMS) regulations
- The Omnibus Budget Reconciliation Act of 1993
- The Nursing Home Reform Act of 1987
- The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)
- California laws enacted to create county adult protective service agencies
Nursing homes and other caretakers are also required to know and implement policies and procedures that confirm they are following standard best practices for their type of business to protect your loved one.
What are the different types of elder care neglect in Pasadena?
Our Pasadena elder care neglect lawyers hold caretakers liable when they:
- Have a duty to protect a senior (someone 60 or older)
- Breach that duty of care
- Cause harm to the senior because of the breach
Common types of neglect by caretakers include failing to:
- Provide daily living needs. Caretakers should ensure their facilities are safe, the seniors receive nutritious food, and cleanliness is a priority. Seniors should, as much as possible, be socially engaged with other seniors and be well-groomed. No senior should be allowed to wander or elope from the premises, and should never be abandoned.
- Prevent falls. Most seniors have mobility problems, and many need walkers and other assistive devices. Long-term care facilities and other caretakers should routinely inspect their properties for anything that might cause a senior to fall, such as wet surfaces, accent rugs, or unlevel walkways.
- Provide competent medical care. Some facilities, such as nursing homes, contractually agree to provide medical care. These Pasadena providers may be neglectful if they fail to provide the correct medications at the correct time, take steps to prevent bedsores, help seniors with bowel or bladder disorders, treat scabies, or properly handle other health conditions such as strokes.
At Garcia & Artigliere, our Pasadena elder care neglect lawyers file claims when caretakers fail to prevent or respond to physical abuse, sexual abuse, and emotional abuse.
Why does neglect of the elderly occur in Pasadena?
At Garcia & Artilleries, our Pasadena elder neglect lawyers do more than just show that your loved one suffered harm due to their neglect. We work to show why the neglect was preventable. Some of the common missteps negligent nursing homes, rehab centers, at-home healthcare agencies, and other caretakers may make include:
- Not having individual care plans. Each caretaker should review the specific challenges (physical, emotional, and cognitive) of each of their residents or patients. An individual care plan should include a diagnosis, the possible complications, how to anticipate and treat complications, and who to contact when problems develop.
- Not understanding and implementing best practice plans. Long-term care and short-term care facilities and businesses should understand the common challenges of all their residents and patients. Some challenges might include reducing the possibility of falling, providing enough food and drink for all the patients, understanding how to respond to specific disorders such as stroke, preventing residents from wandering off or being abandoned, and respecting the rights of the seniors in their care.
- Being understaffed. Every senior should have someone who is aware of his/her needs throughout each day, and have more than one person care for your loved one to ensure that abuse or neglect is quickly addressed. Nursing homes, assisted living facilities, and other Pasadena caretakers should never accept more people than they can competently care for.
- Being undertrained. Many seniors have physical or cognitive challenges, and most have special needs. Staff members should have the training, education, and experience to competently care for seniors with compassion and patience, never resorting to emotional or physical abuse or neglect. Working with seniors who have dementia or Alzheimer’s can be especially challenging.
- Not conducting background checks. Caretakers in Pasadena should conduct regular background checks to determine if an employee may be a danger or may not have the necessary qualifications.
Caretakers in Pasadena should also have policies and procedures to report and respond to complaints or safety concerns.
How do your lawyers fight for seniors who are neglected in Pasadena?
Garcia & Artigliere understand how important it is for your parent, grandparent, or other older relative to stay healthy. Their time is precious. Many already have health concerns. Our Pasadena elder neglect lawyers fight to protect your loved one and other seniors in the same care facility or home from harm. When you contact us, we will work hard to stop the harm and demand compensation for a senior’s injuries.
When you or your loved one contacts us we will:
- Investigate what happened
- Determine what laws, regulations, best practices, or standards of care were violated
- Work with local law enforcement, the California Long-Term Care Ombudsman, and any local agencies
- Conduct extensive discovery (formal questions and answers) of everyone who has information about the Pasadena elder care neglect
- Seek all relevant documents, such as prior complaints and the caretaker’s written policies and procedures
- Review the senior’s medical condition, the care they need, the cost of the care, and how their life is impacted by the caretaker’s negligence
We file personal injury claims and wrongful death actions against those liable for the abuse.
Do you have a Pasadena elder neglect lawyer near me?
We represent the elderly across California, including Pasadena. For Pasadena seniors who are too ill to come to our office, we make arrangements to meet them at their homes, residential facilities, rehabilitation facilities, or other locations. We also conduct consultations by phone and through video conferences.
We’ll answer all the questions you and your loved one have. We’ve helped thousands of people just like you.
The Pasadena elder neglect lawyers at Garcia & Artigliere are respected for our tough advocacy skills
At Garcia & Artigliere, our Pasadena elder neglect lawyers are seasoned trial lawyers. We pay attention to all the small details that often result in large settlements and verdicts. We understand what evidence is required to show that a caretaker was neglectful and understand how much compensation for medical bills, pain and suffering, and other damages seniors deserve.
To assert your rights or help your loved one assert theirs, call or complete our contact form today to schedule a free, confidential consultation. We represent seniors in Pasadena, Los Angeles, Long Beach, and all across California. Our lawyers also have offices in Arizona, Kentucky, and Louisiana. We represent seniors who have been neglected on a contingency fee basis.
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