San Francisco Nursing Home Abuse Lawyer
Care facilities have a legal obligation to provide adequate medical care in addition to ensuring their residents have a safe and caring environment. Unfortunately, nursing homes do not always operate at this standard, which can result in instances of abuse and neglect.
If your loved one suffered abuse or neglect in his/her care facility, speak with our dedicated personal injury attorneys when you are ready to take legal action. Our San Francisco nursing home abuse lawyers can investigate your loved one’s case and build a claim against negligent staff members and/or the responsible facility.
Legal Obligations of Nursing Home Staff
Because nursing homes function as both a medical and residential facility, they have the legal duty to care for the health and overall wellbeing of their residents.
Staff members who use unapproved restraint methods, verbally attack, or physically abuse residents as a means of discipline are violating this duty of care. Additionally, when nursing home staff fail to provide food, water, or medication, they also may be liable for elderly abuse or neglect.
It is important to note that injured parties may have the option to bring a claim against the facility in addition to individual staff members. If an attorney finds that an assisted living community allows instances of abuse to occur on their property, it may be liable according to state law as well. For example, our San Francisco nursing home abuse attorneys can use evidence of failure to adequately train or monitor staff to prove that a facility is liable.
Some residents who experience elder abuse often cannot — or are too afraid to — communicate what has been happening to them. However, warning signs can take many forms. Some may include:
- Weight loss from lack of nutrition
- Loss of mobility
- Pressure sores or bedsores
- Stiff or frozen joints
- Missing possessions
- Unexplained withdrawals from or changes to financial accounts
- Unexplained bruises, cuts, fractures, burns and broken bones
- Staff refusal to allow visitors
- Unexplained delays in permitting familial visits and/or a hesitancy to allow visits unaccompanied by staff
- Residents who appear overmedicated
- Unsanitary conditions
Statute of Limitations
According to California Code of Civil Procedure §335.1, an injured party in a nursing home abuse case generally has two years from the date of discovery of an injury to demand compensation. If a plaintiff does not file his/her claim before the statute of limitations expires, they may risk the opportunity to seek compensation.
However, claimants should understand that there are some exceptions to this deadline. For example, the court may extend the statute of limitations if a resident was unable to speak out for years following their injuries due to the fear of retaliation. Our nursing home neglect attorneys in San Francisco can help a claimant meet all statutory deadlines that apply to his/her case.
Seek the Services of a Compassionate San Francisco Nursing Home Abuse Attorney
Although care facilities have a duty to keep their residents safe and free from abuse, failures in hiring practices or training can allow these incidents to occur. The consequences of these incidents can result in severe physical injuries and debilitating emotional trauma.
Our dedicated San Francisco nursing home abuse lawyers can help. An attorney can handle every part of the claims process from initial investigation to helping measure an injured party’s losses. Whether you are a resident who has suffered abuse, or you are a concerned family member, contact the legal professionals at Mary Alexander & Associates to see how we can help you. Call today for an initial case consultation.