Elder Abuse

Nursing Home Abuse – Personal Injury Lawyer
California Attorneys

While the “golden years” should characterize healthy and fulfilling lifestyles for seniors in their later years, elder abuse victimizes many who reach old age. Facts and figures on elder abuse remain inaccurate because it is an area subject to non-disclosure and many instances go unreported.

Nevertheless, the degree of attention that elder abuse draws has been significant, resulting in the California legislature’s enactment of a series of elder abuse laws. These laws cover not only nursing home abuse, but also neglectful and abusive residential care. Anyone providing care for the elderly, including family members, spouses, as well as home caregivers may engage in elder abuse. Elder laws set standards of care, clearly define elder abuse and provide guidelines for reporting physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment which results in physical harm, pain or mental suffering.

Causes of Nursing Home Abuse

In addition to California state laws, federal law also addresses standards of care for nursing homes. The most common causes for nursing home abuse include:

• Inadequate Staffing
• Poorly Trained, Low–Paid Employees
• Inadequate Medical and Nursing Care

Examples of Nursing Home Abuse
Nursing home abuse may manifest in a variety of ways, including the following negligent and abusive actions:

• Physical Abuse – pushing, beating, slapping, hitting, punching, scratching, pinching, kicking, force-feeding, unnecessary use of physical restraints, over-medication, under-medication
• Sexual Abuse – rape, harassment, unwanted touching, non-consensual sexual contact
• Mental abuse – embarrassment, threats, harassment, humiliation, intimidation
• Neglect – not treating medical conditions; isolation; abandonment; failing to provide daily needs, such as: food, liquids, baths, toilet assistance, clean clothes, walking assistance, accident prevention, clean bedding.
• Financial abuse – exploitation or use of the senior’s finances or personal belongings for personal benefit without permission

Legal Help for Elder Abuse

As in other areas of law, there are time limits for filing lawsuits for elder abuse called statutes of limitations. At the Law Offices of Carl A. McMahan, our lawyers will explain legalities as well as help evaluate whether you or a loved one are a victim of elder abuse. If grounds for elder abuse exist, you deserve compensation for injuries, pain and suffering and loss of enjoyment of life. Our injury lawyers also work with families to file wrongful death claims when elder abuse has resulted in the unnecessary death of a loved one.

Arrange a Free Consultation

The Law Offices of Carl A. McMahan offers a free consultation to examine and evaluate your case. Our attorneys will let you know if prospects for taking legal action look favorable. We would handle your case on a contingency basis, meaning if there were no recovery, there would be no fee. Find out how we can help. Call our office today.