ELDER ABUSE ATTORNEYS IN SAN DIEGO
Unfortunately, some individuals take advantage of the vulnerable nature of the elderly. This violates the rights of elderly individuals and may form the basis of an elder abuse claim. California has strict rules about the abuse, abandonment and neglect that the elderly may experience.
Elder abuse can be perpetrated by anyone, although it is most common in nursing homes and healthcare facilities that should be concerned about keeping patients healthy and happy. If you or someone you know has been a victim of abuse, contact an award winning San Diego elder abuse attorney at The May Firm for a free case consultation.
The California Legislature added the welfare in institutions code 15657 in 1991 to the Elder Abuse and Dependent Adult Civil Protection Act to specifically address the needs of elderly individuals. This act holds individuals responsible when there is convincing and clear evidence about neglect or abuse or situations in which a defendant acted oppressively, fraudulently, maliciously, or recklessly towards an elderly individual.
Looking for Signs of Abuse or Neglect
Although the physical signs of assault or battery against an elder may be easier to spot, financial and emotional abuse can be more difficult to detect. Many viable cases of San Diego elder abuse that could be brought under the above mentioned act are not as easy to see and therefore are missed because they appear to be one isolated act of negligence as opposed to a consistent pattern of abuse.
If your loved one is hesitant to speak around staff members or flinches when he or she has to interact with particular people, this could be a sign that your loved one is experiencing abuse at the hands of this person or group of people. Watch carefully for changes in your loved one’s emotional disposition and take notes of any signs that may show abuse.
Your ability to take action may be critical for stopping the abuse and holding the relevant parties responsible. The failure to provide appropriate medical care for mental and physical health needs, failing to protect someone from safety and health hazards, and failing to prevent dehydration and malnutrition are some of the most common causes of elder abuse and injury in California today.
Some examples of neglect or abuse include:
- Bed sores
- Sudden weight loss
- Wandering behavior
- Tube feeding failures
- Entrapment with bed rails
- Poor personal hygiene
- Peer on peer abuse
If the individual is in a residential care or nursing home facility, it is essential to consult with the best San Diego elder abuse attorney to help protect the your loved ones. Your decision to step forward and protect the rights and dignity of your loved one could be critical for preventing others from suffering similar injuries.
If the dependent adult or elder does not pass away as a result of the misconduct, then the injured party is usually the one who will sue on his or her own behalf. However, if the injured party dies as a result of the misconduct, you may be eligible to bring claims under the elder abuse act.
Why you Need a San Diego Elder Abuse Attorney
Hiring the right San Diego elder abuse attorney to help you in this situation is imperative. It can be disheartening and frustrating to learn that the facility that you worked so hard to identify or the healthcare worker that you carefully interviewed to determine the right fit for your loved one is actually abusing your family member.
When you spot the signs and symptoms of abuse, you need to consult with an abuse injury attorney as soon as possible. While everyone should have the ability to age with dignity and with respect, unfortunately far too many people take advantage of this vulnerable population and hope that they will not get caught.
Free Elder Abuse Case Consultations
If you have identified signs of abuse, injury or neglect, you need to consult with San Diego elder abuse lawyers sooner rather than later. Hiring a San Diego elder abuse attorney who can help evaluate all issues in the case and provide answers to your pertinent questions is essential.
You only have a limited period of time in which you can file an elder abuse claim in San Diego and acting quickly will both help to stop the cycle of abuse and send a serious message to facilities or individuals involved that you will not tolerate elder abuse.
Your decision to move forward could help your loved one be able to move on from this unfortunate incident and prevent others from suffering a similar fate.