The decision to entrust an elderly loved one’s care to this type of setting is not easy, but such decisions are becoming more common in California every year. The rising population of elderly Californians is over 6.3 million currently and will have reached close to 12 million by 2030. Even despite the advances in healthcare and awareness of healthier lifestyle choices, as a person gets older the time may come when they need dedicated, professional care in a nursing home or other long-term care facility. Once that decision is made, you are entitled to expect they’ll receive compassionate, competent, respectful treatment – but often the reality falls short of expectations and can result in injury or even death. If you or a loved one has been injured in long-term care, contact an experienced Wildomar nursing home abuse or neglect attorney to see if you could be entitled to compensation.
Nursing Home Statistics in Wildomar
Wildomar has an exploding population of 35,500 in 2015 that has nearly tripled in the past 20 years – it is no surprise that its reasonable cost of living and growing resident base is going to contribute to a growing nursing home and long-term care demographic. Just over 10 percent of all Wildomar residents are elderly, and the average age of residents is only getting older. However, more people entrusted to the care of these facilities only increases the number of opportunities for nursing home abuse and neglect to occur. If you are injured in a care facility, contact a Wildomar nursing home abuse and neglect lawyer without delay.
What Constitutes Nursing Home Abuse and Neglect?
Wildomar allows responsible parties to be held criminally and civilly liable for nursing home abuse and neglect of elderly individuals and dependent adults. The state construes abuse and neglect broadly – the conduct can be physical or sexual abuse, theft, abandonment, isolation, or any other conduct inflicting any pain or suffering. It’s common for multiple types of wrongful conduct to occur simultaneously; a typical abuse or neglect cycle beings with the initial behavior which is trailed by secondary psychological abuse intended to silence the victim and let the first form of abuse or neglect continue.
How Do I Spot Nursing Home Abuse and Neglect in Wildomar?
Spotting nursing home abuse and neglect can be difficult – most indicators are not as obvious as a fresh burn or bloody nose. The hidden nature of this conduct allows it to continue over long periods of time, so it’s important to look for any changes in your love one’s behavior, physical condition, or emotions which could indicate a problem. Common signs of abuse and neglect are:
- Severe bedsores;
- Poor hygiene;
- Cuts, bruises, and burns;
- Malnutrition or dehydration not associated with a medical condition;
- Unexplained injuries not properly cared for;
- Frequent emergency room visits;
- Sudden behavior and mood changes;
- Creating implausible stores about how the injury occurred;
- Sudden unwillingness to speak freely in the presence of their abuser;
- Lack of basic necessities such as food and water; and
- Fear in their abuser’s presence or unwillingness to be left alone with them.
Nursing home abuse or neglect are all unique because no two people are the same, so it’s critical to be vigilant for signs things are not as they should be.
How Do I Recover on my Wildomar Nursing Home Abuse and Neglect Injuries?
The best argument for recovering in nursing home abuse and neglect cases is arguing in civil court that a defendant’s negligence injured the victim. A successful negligence argument establishes that the accused party owed the victim a legal duty of care, breached their duty to the victim by an action or a failure to act, and the breach caused actual injuries to the victim. If these elements are established the defendant is presumed negligent and will be liable for damages the victim can prove in court unless they raise a valid legal defense.
Courts can award victims compensatory damages for physical, emotional, financial, and psychological harms they suffered due to the negligent conduct. Damage awards can be given to make victims whole for injuries such as:
- Medical expenses;
- Loss of consortium;
- Mental anguish; and
- Funeral expenses.
The California Elder Abuse Act is also followed in Wildomar, which proves enhanced damages in certain circumstances for victims of nursing home abuse and neglect. Punitive damages may also be awarded in some cases if the victim can show malice, oppression, or fraud and satisfy a high burden of proof.
How Should I Address Suspected Nursing Home Abuse and Neglect?
Prevention is the best way to address nursing home abuse and neglect, but the surreptitious nature of the conduct does not always allow for this. It’s important to stay vigilant in the event abuse or neglect presents later so that you can recognize the signs and take action to stop the harm to the victim. Aside from prevention, the next best way too stop nursing home abuse and neglect is to voice concerns.
Report Your Concerns
If you suspect a loved one is being abused or neglected or if they have confided in you, it is important to speak up immediately and alert proper authorities to halt the abuse, protect the victim, and hold those accountable responsible for their actions. There are several agencies and parties you can speak to that protect victims and punish wrongdoers.
- Report concerns to management at the victim’s care facility.
- Many government agencies, such as adult protective services and local ombudsmen, defend elders and investigate abuse and neglect reports if they are made. Make a report.
- Make a police report so law enforcement can investigate potentially criminal acts.
Contact a Nursing Home Abuse and Neglect Attorney in Wildomar Today
If you or a loved one has been injured or killed by nursing home abuse or neglect, speak to the skilled Wildomar nursing home abuse and neglect attorneys at Walton Law today. Our lawyers have years of experience representing victims like you and your loved ones and secured millions of dollars in compensation for their injuries. Contact us 24 hours a day, 7 days a week at (866) 338-7079 or through our Contact Us page online to set up a no risk, no obligation case evaluation. The initial consultation is free, and you pay nothing until we win your case. Our attorneys will review your unique situation, help you understand your options, and work with you to secure the best possible outcome for you and your loved ones from a bad situation.