Overview
When it is time to place a grandparent, a parent, or another family member in a long-term care facility, the last thing on your mind should be your loved one's safety. Unfortunately, care providers are most often the perpetrators of financial, physical, sexual, and mental abuse of the elderly population.
If you suspect your loved one has been victimized, then you should consult an attorney. When your loved one's safety and well-being are in jeopardy, a San Francisco elder abuse lawyer can help investigate the circumstances and pursue the available remedies.
The Brandi Law Firm is committed to helping victims of elder neglect and elder abuse. We understand the legal, emotional, and medical consequences an injury can have on an elder or dependent adult.
We can seek justice on behalf of your loved one, whether that includes pursuing claims against a nursing home for negligence or holding individual caregivers accountable for abuse. We understand nursing home abuse laws and have years of experience helping those who have experienced elder neglect.
Types of Cases We Handle
Nursing Home Neglect
Failure to provide adequate food, water, medication, hygiene, and medical care to residents, often resulting from understaffing or poor training.
Physical Abuse
Hitting, pushing, restraining, or otherwise causing physical harm to elderly residents. Signs may include unexplained bruises, fractures, or changes in behavior.
Financial Exploitation
Theft, fraud, undue influence, or misuse of an elder's funds, property, or assets by caregivers, family members, or other trusted individuals.
Medication Errors
Administering the wrong medication, incorrect dosages, or failing to provide prescribed medications, often resulting in serious medical complications.
Bedsore/Pressure Ulcer Cases
Development of preventable pressure wounds due to inadequate repositioning, poor nutrition, and lack of proper skin care in care facilities.
Emotional & Psychological Abuse
Verbal threats, intimidation, isolation, humiliation, and other non-physical forms of abuse that cause emotional suffering.
Understanding California Law
California's Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code sections 15600-15675) provides enhanced protections for elders aged 65 and older and dependent adults. This law may allow for the recovery of attorney's fees and costs, as well as enhanced damages in cases of reckless, oppressive, or malicious conduct.
California law requires certain individuals, including healthcare workers and financial institution employees, to report suspected elder abuse. Failure to report can itself constitute a violation of law. If you suspect elder abuse, contacting both the appropriate authorities and an attorney can help protect your loved one.
Nursing homes and assisted living facilities in California are subject to extensive regulations regarding staffing ratios, care standards, and resident rights. Violations of these regulations can serve as evidence of negligence in an elder abuse case.
Potential Compensation
Depending on the circumstances of your case, you may be able to pursue compensation for the following types of damages:
Our Process
Confidential Evaluation
We listen to your concerns, review available documentation, and assess the situation with sensitivity. We understand the difficulty of reporting abuse of a loved one.
Evidence Gathering
We obtain medical records, facility records, staffing logs, and inspection reports. We may also work with medical professionals to document the extent of the abuse or neglect.
Regulatory Review
We review the facility's compliance history, including state inspection reports, citations, and any prior complaints, to establish a pattern of substandard care.
Protective Action
If your loved one is in immediate danger, we can help coordinate with Adult Protective Services and assist in securing safe alternative care arrangements.
Legal Action
We pursue claims under California's Elder Abuse Act and other applicable laws to hold the responsible parties accountable and seek fair compensation for your loved one.
What Sets Us Apart
Frequently Asked Questions
What are the signs of nursing home abuse or neglect?
Warning signs may include unexplained injuries (bruises, fractures, burns), sudden weight loss or dehydration, poor hygiene, bedsores, changes in behavior or emotional state, withdrawal from activities, fear of certain staff members, and unexplained financial transactions. If you notice any of these signs, consider consulting with an attorney.
What should I do if I suspect my loved one is being abused?
If there is an immediate safety concern, contact emergency services. You may also file a report with your local Adult Protective Services and the California Department of Public Health. Consulting with an attorney experienced in elder abuse cases can help you understand your options for protecting your loved one and pursuing accountability.
Can I sue a nursing home for neglecting my parent?
Yes, nursing homes and long-term care facilities may be held liable for neglecting their residents. California's Elder Abuse Act provides specific legal protections and may allow for enhanced damages in cases involving reckless neglect. An attorney can evaluate your situation and advise you on your options.
What is the difference between elder abuse and elder neglect?
Elder abuse generally refers to intentional acts that cause harm, such as physical violence or financial exploitation. Elder neglect refers to the failure to provide adequate care, supervision, or necessities. Both are actionable under California law, and both can have devastating consequences for the victim.
How long do I have to file an elder abuse claim?
The time limits for elder abuse claims depend on the specific type of claim and the circumstances. In general, these claims are subject to California's statute of limitations for personal injury, but specific provisions of the Elder Abuse Act may affect the timeline. Consulting with an attorney promptly is recommended.
Attorney Advertising. The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. To understand how the law applies to your specific situation, you should consult with an experienced personal injury attorney. Past results do not guarantee future outcomes.
Free Case Evaluation
If you or a loved one has been affected by elder abuse, contact us for a free, confidential consultation.
Contact Us(888) 309-1224Our Track Record
- More Than 150 Years Of Combined Experience
- Focused Exclusively On Personal Injury
- Licensed In California, Nevada, Arizona And Washington
- More Than $1.6 billion In Verdicts & Settlements
- A Reputation The Insurance Companies Take Seriously
- You Pay Nothing Unless We Get Compensation For You
- Always Prepared To Go To Trial If Negotiations Break Down
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