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Pasadena Nursing Home Abuse & Neglect Attorneys
Holding California nursing homes accountable when they fail to protect their residents
Nursing homes are residential care facilities that provide healthcare in addition to daily live care. Nursing homes know what steps to take to prevent physical, sexual, and emotional abuse. They know what steps to take to ensure that your loved one doesn’t develop bedsores, doesn’t fall, and doesn’t suffer from malnutrition. They know what practical steps to take to ensure your loved one is as healthy as possible. At Garcia & Artigliere, our Pasadena elder abuse lawyers understand what federal and state laws nursing homes must follow. We hold nursing homes accountable for all the physical and emotional harm they cause. We’ve obtained more than $3 billion for our clients, and we’re ready to assert the rights of abused and neglected seniors. Call us today to assert your rights.
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How can our Pasadena nursing home abuse and neglect lawyers help?
- What conduct is considered abuse or neglect at Pasadena nursing homes?
- What are the signs of abuse or neglect at a Pasadena nursing home?
- What rights do Pasadena nursing home residents have?
- Who is liable if a senior suffers abuse or neglect at a Pasadena nursing home?
- How do your lawyers fight to hold Pasadena nursing home victims accountable for abuse or neglect?
- Do you have a Pasadena nursing home abuse and neglect attorney near me?
What conduct is considered abuse or neglect at Pasadena nursing homes?
Nursing home abuse involves any type of intentional conduct that harms a resident. The abuse is classified as follows:
- Physical abuse. Physical abuse includes any physical force such as hitting or slapping, the use of physical or chemical restraints, and denying a resident his/her medications or other daily needs.
- Sexual abuse. Sexual abuse involves non-consensual sexual conduct, forcing a resident to engage in sexual acts without their consent, and promising better treatment in return for sexual acts. The abusers may be the management of the nursing home, staff members, anyone with access to the nursing home, and even other residents.
- Emotional abuse. Emotional abuse involves intimidating a resident, making them feel guilty or sad, isolating them, and other conduct designed to control or punish. Examples include yelling at or insulting a resident.
Nursing home neglect involves failing to follow safe nursing home practices to protect residents from falls, malnutrition, pressure sores, bowel and bladder disorders, poor hygiene, untimely or inadequate healthcare, and other failures. Neglect also includes allowing a resident to wander away from the facility and abandoning a Pasadena nursing home resident. Neglect is irresponsible conduct while gross neglect is intentional misconduct.
Another type of abuse is financial abuse. Financial abuse involves stealing money or financial information, pressuring a resident to sign a power of attorney or redo their last will and testament, gaining access to retirement accounts, and other financial actions taken without the resident’s consent.
Nursing home medication negligence
Most Pasadena nursing home residents take medication due to their age or disability. The nursing home medical staff must understand what drugs each resident needs, what the possible risks of each drug are, and be aware of possible dangerous interactions with other drugs.
The US National Institute for Health (NIH) defines a medication error as:
“… any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.”
The Pasadena nursing home abuse and neglect lawyers at Garcia & Artigliere are skilled at showing that nursing home medication mistakes are preventable. We file negligence claims when nursing homes fail to:
- Maintain individual care plans for each resident that include an analysis of what medications each resident needs, the reasons for the prescription, and risk factors
- Ensure that the correct drugs are given at the correct time, in the correct amounts, in the proper way (orally or by injection)
- Record when the resident took their medications and any adverse reactions (such as allergic reactions) the resident may have
- Provide prompt medical care if there are any adverse reactions
Delayed or denied treatment of stroke negligence
Nursing homes in Pasadena should understand when a resident may be having an ischemic or a hemorrhaging stroke. The ideal time to administer tissue plasminogen activator (tPA) - a medication that breaks up blood clots that prevent blood from getting to the brain - is within three hours of the time stroke symptoms begin. This means the nursing home staff needs to know what signs of stroke to look for and how to get the resident to the nearest emergency room. Prompt medical care can also help save the lives of hemorrhaging (bleeding in the brain) stroke victims.
Almost 200,000 die from strokes each year, according to the Centers for Disease Control and Prevention (CDC).
Our Pasadena nursing home abuse and neglect attorneys have working relationships with ER and heart doctors who can show why the nursing home should have reacted to a stroke much faster.
What are the signs of abuse or neglect at a Pasadena nursing home?
Understanding the signs of abuse and neglect helps stop the misconduct and helps your loved one get prompt medical care. Common signs of abuse and neglect at Pasadena nursing homes include:
- Signs of a fall
- Bedsores/pressure ulcers
- Malnutrition/dehydration
- Broken limbs and breaks of other body parts
- Bruises and cuts
- Bowel and bladder malfunction
- Infections that aren’t improving
- Scabies
- Sleeping too much or too little
- Poor hygiene
- Fear of another member of the nursing home or another resident
- Not enjoying social activities like discussions and exercise
- Poor communication with family and friends
- Signs your loved one isn’t taking their medication
- Failures to provide prompt and competent medical diagnosis and treatment
- Physical abuse
- Sexual abuse
- Wandering away from the facility or eloping (leaving) the facility altogether
- Abandonment of a resident
- Failure of your loved one to care for himself/herself due to cognitive or physical impairments
- The unexpected death of a resident
Nearly three of five nursing home employees have admitted to some form of senior abuse in the prior year, according to Brigham Young University data.
What rights do Pasadena nursing home residents have?
There are federal and California laws that protect nursing residents by providing a detailed list of rights. These laws include:
- The Nursing Home Reform Act of 1987
- Medicaid and Medicaid regulations.
- California laws, including the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)
Some of these long-term care rights include the right to:
- Be treated with respect
- File grievances
- Make decisions about the resident’s medical care
- Participate in activities
- Be free from the use of restraints
- Community with family and friends
- Privacy
- Notify a representative
- Manage their finances
- Obtain social services
- Leave the nursing home
- Be free from abuse
Our Pasadena nursing home abuse and neglect lawyers are skilled at holding nursing homes accountable when they violate a senior’s rights. We notify nursing homes and file complaints for damages.
Who is liable if a senior suffers abuse or neglect at a Pasadena nursing home?
Garcia & Artigliere is skilled at showing that the abuse or neglect of your loved one was preventable. We’ve been representing the elderly in California and the nation for more than 150 combined years. In November 2023, we helped the US Department of Justice obtain a $46 million settlement based on the violation of the False Claims Act from a skilled nursing management company, the owners, and six nursing facilities in California involving a kickback scheme.
We understand who is liable when nursing homes harm your loved one. The defendants may include:
- A Pasadena nursing home
- Those who own or operate the nursing home
- The employees of the nursing home, if their conduct is intentional
- The medical care professionals who work at or with the nursing home
- Contractors
After reviewing the resident’s medical diagnosis, prognosis, cost of care, and all the ways their life is impacted by the abuse or neglect, we often file personal injury claims.
The resident’s damages include their current and long-term:
- Medical expenses, including emergency care and transport, surgeries, hospitalizations, physical therapy and other types of rehabilitative therapy, psychological care, assistive devices, and medications
- Daily physical pain and emotional suffering
- The inability to use any body part
- Any scarring or disfigurement
- Loss of the quality of life
Many nursing home residents already live with some medical issues, and any new harm due to abuse or neglect is extremely traumatic.
Our trial lawyers also file wrongful death claims if your relative dies due to abuse or neglect. We seek compensation for funeral and burial costs, loss of financial support, and the loss of your relative’s comfort and guidance.
How do your lawyers fight to hold Pasadena nursing home victims accountable for abuse or neglect?
At Garcia & Artigliere, our Pasadena nursing home abuse and neglect lawyers have helped thousands of clients obtain strong recoveries. We:
- Understand the laws that govern nursing homes
- Understand the policies and procedures nursing homes should implement to prevent harm before it occurs and respond quickly when it happens
- Work with seasoned nursing home professionals
- Review relevant nursing home documents, such as records of prior complaints, written protocols, insurance coverage, and other information
- Question everyone who has information about what happened to your loved one and what should have been done to protect them
- Work with law enforcement, the state ombudsman, and local adult protective services
- Discuss the full scope and severity of the harm to your loved one with the treating doctors or our own network of doctors
We recommend that family members:
- Regularly visit and communicate with any family members who live in a Pasadena nursing home
- Understand how to contact the California Long-Term Care Ombudsman
- Take photos of your loved one to show their appearance immediately after you suspect any abuse or neglect has occurred
Please contact us as soon as possible so we can work to stop the abuse or neglect and initiate your loved one’s claim.
Do you have a Pasadena nursing home abuse and neglect attorney near me?
Garcia & Artigliere serves abused seniors across California. We meet the elderly and their caring family members at our offices, privately at the nursing homes where they reside, at healthcare facilities, on the phone, and via video conferences.
We are tireless fighters for seniors who deserve to live healthy lives in locations where they can trust their caretakers to have their best interests at heart at all times.
Speak with an experienced Pasadena nursing home abuse and neglect lawyer at Garcia & Artigliere today
At Garcia & Artigliere, our Pasadena senior care lawyers have earned the respect and admiration of former clients, their families, elder care advocates, insurance companies, and defense lawyers for our tenacity, compassion, and impressive record of strong settlements and verdicts. We have the experience and resources (including our medical network and relationships with nursing home competency professionals) to fight for all that your loved one deserves.
To schedule a free consultation, call us or fill out our contact form today. We represent the elderly in Pasadena, Long Beach, Los Angeles, and other California regions, and also in Arizona, Kentucky, and Louisiana. Our lawyers work on a contingency fee basis, meaning if you don’t recover damages, we don’t get paid.
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