Northern California Elder Abuse Attorneys
Frequently Asked Questions concerning Northern California Nursing Home Abuse
Q. How many nursing home residents are affected by nursing home abuse each year?
A. There are no formal numbers on how many nursing home residents are abused each year because no official or national data exists. It is estimated, through unofficial data that has been collected, thousands of residents are abused each year. A 2000 study published by The National Center on Elder Abuse (NCEA) revealed that there were more than 400,000 reports of elder abuse nationwide. Because so much abuse and neglect is suspected to be not reported, accurate statistics are not available.
Q. How can a nursing home resident be abused?
A. A nursing home resident or long-term care facility can be abused physically, emotionally, sexually or financially. Abuse and neglect can take countless forms including overmedicating, under medicating, unnecessarily restraining a patient, physically or sexually assaulting or molesting a resident, threatening, insulting, berating, blackmailing and even exploiting a patient or stealing valuables from them.
Q. What are some signs that a nursing home resident is being abused?
A. There are numerous signs that indicate elder abuse and depending on the type of abuse, can be very obvious to detect or sometimes harder to recognize. For example, in cases of emotional abuse, where the offender predominantly uses verbal tactics, there may be no physical signs of the abuse. Signs that may be evidence of nursing home abuse are:
- Bed sores
- Bone fractures, cuts or lacerations
- Significant weight loss
- Bruises or welts
- Behavioral changes
- Malnutrition
- Dehydration
- Genital infections or venereal diseases
- Unsanitary room conditions
- Large withdrawals from resident’s bank accounts.
Q. Who regulates nursing home facilities?
A. To ensure that nursing home facilities are meeting health and safety standards, they are regulated by both federal and state government entities. The U.S. Department of Human Services, and the Centers for Medicaid and Medicare Services regulate at the federal level, upholding guidelines established by the Nursing Home Reform Act of 1987 (NHRA). The NHRA provides standards for resident’s nursing, dietary and physician services; as well protect the rights of the nursing home resident. In order for a nursing home to provide care to a resident it must be licensed by the state, which is required to have a contract with the Center for Medicaid and Medicare Services.
Q. Do nursing homes keep a record of the care administered to the nursing home resident?
A. Federal and state legislation requires that nursing home facilities document the care that has been provided, the care plan created for the resident and any assessments made of the resident.
Q. Should I talk to the representative of a nursing home who contacted me concerning my loved one’s injury?
A. You should not talk to the representative before speaking with a lawyer first. The nursing home representative’s job is to protect the nursing home, not the injured resident. Representatives often take advantage of your lack of legal knowledge, hoping that, naively, you will take the first settlement that is offered. A northern California nursing home abuse lawyer can advise you of the best legal route for your loved one’s injuries and handle all discussions with nursing home representatives.
Q. If I file a personal injury claim on the behalf of my loved one, how long will it take to settle?
A. Nursing home abuse claims require a thorough investigation and extensive research of medical records, which can take several months to several years to resolve. It is important to note that settling a claim quickly is not always recommended because an injury or illness can worsen over time, requiring additional medical treatments. A northern California nursing neglect abuse attorney can help you recover fair compensation for current and future medical expenses, physical therapy expenses, and pain and suffering.
Q. How can I hire an attorney if I can’t afford it?
A. Most personal injury attorney’s work on a contingency fee basis. Meaning, they will not charge any fees unless (and until) they recover monetary compensation for you. By calling a northern California nursing home abuse attorney at Estey Bomberger you can learn your best course of action to preserve and protect your family's rights. Call (800) 890-6722 to speak with a skilled nursing home neglect attorney today.