When a loved one enters a nursing home or other care facility in Los Angeles, families trust that staff will provide competent medical care and protection from harm. Unfortunately, neglect and elder abuse in facilities across California, including Los Angeles, Hollywood, and Riverside, can lead to serious injuries. Understanding your legal options is crucial. The Eisenberg Law Group APC is a dedicated law firm that helps families seek justice and compensation when injury or abuse occurs at a nursing or congregate living home.
What Constitutes Neglect and Injury in a Los Angeles Care Facility?
Negligence in a facility results from a failure to meet the basic needs of residents, leading directly to physical injury or emotional harm. This often stems from understaffing, poor training, or a corporate culture that prioritizes profit over care. Common failures that our firm sees include inadequate supervision leading to falls, medication errors, dehydration, malnutrition, and the development of preventable bedsores. A fall is one of the most frequent causes of serious injury for elder patients and is often a clear sign of neglect.
How Does California Law Define and Protect Against Elder Abuse?
California has robust statutes, primarily the Elder Abuse and Dependent Adult Civil Protection Act, designed to protect residents. This law defines elder abuse broadly to include physical abuse, neglect, abandonment, isolation, and financial exploitation. For injuries resulting from recklessness, oppression, fraud, or malice, the law allows for the recovery of attorney's fees and costs, as well as potential punitive damages. This provides a powerful tool for clients and their attorney to hold facilities accountable beyond standard negligence claims.
What Are the Most Common Injuries Resulting from Facility Neglect?
The injuries sustained due to nursing home abuse or neglect are often severe and life-altering. They frequently require extensive additional medical care and diminish the quality of life for the loved one.
- Falls and Fractures: Often the result of missing bed rails, wet floors, lack of assistance, or improper mobility aids. Bedsores (Pressure Ulcers): A definitive sign of negligent care, indicating a resident was left stationary for too long without rotation or proper skin care. Medication Errors: Including overdoses, underdoses, or administering drugs to the wrong patients. Infections: Such as sepsis from untreated bedsores or urinary tract infections from improper catheter care. Dehydration and Malnutrition: Occur when staff members fail to provide adequate food, water, or assistance with eating. Wrongful Death: The most tragic result of severe neglect or abuse.
What Steps Should a Family Take After Suspecting Abuse or Neglect?
If you suspect your your loved one is being harmed in a nursing home, immediate action is necessary to protect them and build a strong legal case.
Ensure Immediate Safety: Address any urgent medical needs by seeking immediate medical attention. Document Everything: Take notes of any visible injuries, unsanitary conditions, or changes in your loved one's behavior. Take photographs if possible. Report the Abuse: File a report with the California Department of Public Health and local authorities. This creates an official record. Contact a Specialized Attorney: Before speaking with the facility's insurance company, call an experienced attorney like those at Eisenberg Law Group APC. Preserve Evidence: Do not remove any evidence from the facility; let your legal team guide this process.How Can an Attorney Help Secure Compensation for Injuries and Harm?
A specialized injury attorney does more than just file paperwork. They conduct thorough investigations, often working with medical experts to link injuries directly to the facility's standard of care. They seek compensation for past and future medical bills, pain and suffering, emotional distress, and, in cases of egregious neglect, punitive damages. Firms like Davis Law Group APC and Tahmazian Law Firm also understand the tactics used by large nursing homes and their insurers, ensuring family rights are protected during litigation or settlement negotiations.
What Are the Root Causes of Neglect in Congregate Living Facilities?
While individual staff members may be at fault, the root cause of systemic neglect often lies at the corporate level. These are common, yet preventable, failures:
- Chronic Understaffing: The single largest contributor to neglect. When staff are spread too thin, residents miss meals, medication, and assistance. Inadequate Training: Staff may not be properly trained in fall prevention, wound care, or dementia management. High Staff Turnover: Leads to inconsistent care and a lack of familiar, trusting relationships for residents. Profit-Driven Policies: Corporate owners may cut care budgets to increase profits, directly impacting resident safety.
Why Choose Eisenberg Law Group APC for Your Los Angeles Case?
With office locations including 811 Wilshire Blvd #1720, Los Angeles, CA 90017, Eisenberg Law Group APC provides dedicated, client-focused representation for elder abuse and nursing home injury cases in Los Angeles County. Our firm combines comprehensive legal knowledge with a deep commitment to holding negligent facilities accountable. We provide the aggressive advocacy needed to secure compensation that acknowledges the full extent of the harm done to your loved one and your family.
Frequently Asked Questions About Facility Injury Claims
How long do we have to file a lawsuit for nursing home injury in California?
The statute of limitations for elder abuse and Attorney negligence claims is generally two years from the date of the injury or its discovery. However, due to the complexity of these cases and potential tolling provisions, you should contact an attorney immediately to protect your rights.
Can I sue if my loved one developed bedsores in a facility?
Yes. Bedsores are almost always preventable with proper standard of care. Their development is a strong indicator of neglect and can form the basis of a powerful legal case for compensation.
What if the injury was caused by another resident?
The facility may still be liable if it failed in its duty to provide adequate supervision, properly assess resident risks, or maintain a safe environment. Liability depends on the foreseeability of the incident.
How does Eisenberg Law Group APC investigate a neglect case?
Our investigation involves reviewing medical charts and facility records, consulting with medical and care standard experts, interviewing staff and witnesses, and analyzing the facility's staffing and policy history to build a compelling case.
Contact Eisenberg Law Group APC for a Free Consultation
If your loved one has suffered an injury in a Los Angeles nursing home, assisted living, attorney consultation services or other congregate care facility, do not wait. Call Eisenberg Law Group APC today to discuss your case. Our experienced attorneys are ready to help you understand your options and fight for the justice your family deserves. You can reach us at our Los Angeles office located at 811 Wilshire Blvd #1720, Los Angeles, CA 90017 or through our online contact form.
Company: Eisenberg Law Group PC
Address: 811 Wilshire Blvd #1720, Los Angeles, CA 90017
Phone: (213) 616-5353