If you believe a family member has suffered mistreatment in a long-term care facility, you have legal options. A San Francisco personal injury lawyer can help you put together a claim and pursue compensation.
Since 2016, Omega Law Group Injury & Accident Attorneys has been fighting for injured Californians. If someone you love was abused or neglected in a long-term care facility, a nursing home abuse lawyer in San Francisco can help you hold those at fault accountable.
Why Hire a San Francisco Nursing Home Abuse Lawyer?
Having experienced legal representation can make a significant difference in the outcome of your nursing home abuse case.
A San Francisco nursing home abuse lawyer can help by:
- Investigating the abuse: We can collect medical records, facility reports, witness statements, surveillance footage, and other evidence that proves liability.
- Calculating your losses: We can evaluate both your economic and non-economic damages and determine your claim’s actual value.
- Negotiating with insurers: Insurance companies aim to settle these claims for as little as possible. We can negotiate on your behalf and fight for a fair payout.
- Representing you in court: If negotiations fail, we can take your case to court and advocate for you before a judge or jury.
How Much Is My Claim Worth?
Nursing home abuse settlements can range from a few hundred thousand dollars to over $1 million.
The value of your claim will depend on several factors, including:
- The severity of your loved one’s injuries
- The cost of your loved one’s medical treatment
- The emotional trauma suffered by your loved one and your family
- The cost of transferring your loved one to another care facility
- Whether the abuse contributed to a wrongful death
- The strength of your evidence
- The amount of available insurance coverage
What Types of Compensation Are Available?
If you win a lawsuit against a nursing home, you may receive compensation for a variety of economic and non-economic damages, including:
- Hospitalization
- Medical treatment
- Psychological counseling
- Mobility devices or additional care needs
- Physical pain experienced by your loved one
- Emotional suffering
- Financial losses from exploitation
- Funeral costs (in wrongful death cases)
- Punitive damages (in rare cases)
Our San Francisco nursing home abuse lawyers can specify which types of compensation you might be able to pursue based on the specifics of your case.
How Long Do I Have to File a Lawsuit in California?
Under CCP § 335.1, you typically have two years from the date of the injury to file a nursing home abuse lawsuit in California. However, different deadlines may apply in cases involving wrongful death, medical malpractice, or financial exploitation.
If you wait too long to file your claim, you could lose the right to sue a nursing home altogether, which is why you should get in touch with a nursing home abuse attorney in San Francisco as soon as possible.
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Who Is Liable for Nursing Home Abuse?
Responsibility for nursing home abuse doesn’t always fall on a single person.
In many cases, liability extends beyond the individual caregiver and may include:
- The nursing home’s corporate owner
- On-site administrators
- Supervisors who ignored complaints
- Staffing agencies that supplied unqualified workers
- Medical providers who failed to report suspected abuse
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Types of Elder Abuse
Elder abuse can look different from case to case. Some situations involve intentional harm, while others involve severe neglect.
The most common forms of mistreatment include:
Physical Harm
Residents sometimes experience rough handling while being transferred, forceful restraint, unnecessary grabbing, or outright assault.
In some cases, aides lose patience during daily routines while bathing, dressing, or feeding residents. In turn, they wrongfully take their frustration out on the person they’re assisting. These injuries often show up as bruises, fractures, sprains, or a sudden loss of mobility.
Emotional Mistreatment
People living in nursing homes depend heavily on the staff around them. When workers ridicule, isolate, ignore, or threaten residents, the harm isn’t always visible, but it can still be deeply damaging.
Sudden withdrawal, fear of certain employees, or drastic mood shifts can indicate ongoing emotional abuse.
Sexual Misconduct
In some cases, nursing home staff engage in sexual acts with residents without their consent. California law treats these incidents as both criminal and civil violations. After they occur, families often notice signs like torn clothing, unexplained infections, or abrupt changes in behavior.
Neglect
Neglect occurs when residents’ basic needs are overlooked. Malnutrition, dehydration, pressure sores, and infections can arise because staff members skipped routine checks or failed to reposition immobile residents.
In dire situations, negligence in a nursing home can lead to emergency hospitalization or even wrongful death.
Financial Exploitation
Elderly residents with cognitive impairments are especially vulnerable to manipulation. Some caregivers steal valuables, forge signatures, take debit cards, or pressure residents to hand over money.
Signs of financial exploitation include strange withdrawals, missing belongings, or bills suddenly going unpaid.
Where Does Elder Abuse Happen?
Abuse and neglect can occur in a variety of settings where elders and dependent adults receive care, including:
- Skilled nursing facilities: These facilities provide around-the-clock nursing care and medical services for individuals who require ongoing treatment, rehabilitation, or assistance with daily activities.
- Residential care facilities for the elderly (RCFEs): These facilities, which include assisted living facilities, provide housing, personal care, medication assistance, and other supportive services for older adults who do not require continuous skilled nursing care.
- Other long–term care facilities: Elder abuse may also occur in other care settings, such as sub-acute care facilities and behavioral health units, where residents depend on staff for medical care, supervision, and daily assistance.
How Common Is Nursing Home Abuse in California?
Nursing home abuse and neglect are significant issues throughout California. Over 110,000 Californians currently live in nursing homes, and Adult Protective Services (APS) receives over 15,000 reports of elder and dependent adult abuse every month.
In addition, a 2009 California Senate report found that approximately 13% of complaints received by the state’s Long-Term Care Ombudsman involved abuse, gross neglect, or exploitation, more than twice the national average of 5%.
It’s also important to note that a substantial number of abuse and neglect incidents are never reported because victims may fear retaliation or be unable to communicate about what happened.
Resources for Victims of Elder Abuse in San Francisco
If your loved one has been mistreated in a care facility in San Francisco, there are several local and state agencies that can provide assistance.
Helpful resources include:
- San Francisco Adult Protective Services: This agency investigates reports involving abuse, neglect, abandonment, self-neglect, and financial exploitation of vulnerable adults.
- California Long–Term Care Ombudsman Program: This program advocates for residents of nursing homes and assisted living facilities while investigating complaints about resident care.
- California Department of Public Health: This state agency oversees the licensing and regulation of many skilled nursing facilities and accepts complaints regarding resident care.
- Local law enforcement: Criminal conduct, including physical assault, sexual abuse, theft, or financial exploitation, should be reported to police immediately.
Legal Definitions of Abuse vs. Neglect
Although the terms are often used interchangeably, abuse and neglect have distinct legal meanings.
Abuse generally involves intentional conduct that causes harm or creates a substantial risk of harm. Examples include hitting a resident, verbally threatening them, improperly restraining them, stealing money, or engaging in sexual misconduct.
Neglect, on the other hand, usually involves a caregiver’s failure to provide appropriate care. This may include failing to provide food, water, medication, hygiene assistance, supervision, or necessary medical treatment.
Steps to Take if You Suspect Elder Abuse in San Francisco
If you believe a loved one is being abused or neglected, it’s crucial to:
- Ensure your loved one‘s safety: If there is an immediate threat, remove your family member from the facility and contact emergency services.
- Seek medical attention: Get your loved one evaluated by an independent healthcare provider to identify any injuries and document their condition.
- Document everything: Take photographs of your loved one’s injuries, as well as any unsafe conditions at their nursing home.
- Report the abuse: Notify the appropriate state agencies, the long-term care ombudsman, or, if necessary, the local police.
- Write down your observations: Record dates, conversations, names of staff members, and any unusual incidents while they are still fresh in your memory.
- Preserve financial records: If financial exploitation has taken place, gather bank statements, account records, and any suspicious documents.
- Contact a lawyer: Our lawyers can investigate your case, collect critical evidence, and explain your legal options.
Book a Free Consultation
No family should have to wonder whether a loved one is safe in the place entrusted with their care. If one of your family members has been mistreated in a nursing home, a San Francisco nursing home abuse attorney from Omega Law Group can help gather evidence to prove liability and secure the compensation you are entitled to.
Schedule a free consultation to discuss your situation with a lawyer.
