There are not very many attorneys who specialize in elder abuse cases in California. Why? Because they are complex and expensive. It is important that a lawyer has specific training and experience in elder abuse cases because they are completely different from any other kind of legal matter. Case Barnett Law specializes in elder abuse and knows the intricacies and challenges that these types of cases present.
We strongly believe that you should never file an elder abuse claim without an experienced elder abuse attorney.
The elder abuse claim process is completely different from other types of personal injury cases. Elder abuse lawyers must have an understanding of the EADACPA for starters. Just ask your potential lawyer what they know about this and you will be off to a good start. (The answer: it's a law that was passed to protect the most vulnerable members of society).
Ask any lawyer that you are considering retaining:
"Are you experienced with elder abuse and/or elder law?"
We know that there are only a few really experienced elder abuse attorneys in Orange County (we are friends with most of them!). Make sure your attorney has specific elder abuse experience AND victories. Our most recent elder abuse settlements were in the amounts of 2 million and 1 million dollars.
Over the years at Case Barnett Law we’re proud to have developed a keen understanding of the challenges and expectations of today’s elder law cases.
We trust nursing homes to take care of our loved ones, and, eventually, to take care of us. Unfortunately, nursing homes are run like most other businesses and their bottom line, making money, rules their decision-making. They choose to save money by hiring insufficient staff and unqualified staff. They warehouse our elderly in order to turn a profit. As a result, thousands of America's greatest generation are denigrated. Fight it. Fight them. Don't let them take advantage of you.
Nursing homes are run like most other businesses and their bottom line, making money, rules their decision-making.
Grandma Lois, forever in our hearts and the reason we fight against nursing homes.
Abuse at Residential and Skilled Nursing Facilities
When an elderly loved one is being cared for in a residential or skilled nursing facility, it can be hard to know when a medical condition is a normal complication of aging or when an injury is the result of a legitimate accident. The staff will certainly always claim that they are not to blame for your loved one’s condition but—all too often—they are. Some common conditions and injuries that often indicate abuse or neglect in a nursing home include the following: (Please link each to the appropriate library article)
- Bed sores and infectious diseases. When a patient is left unattended for long periods of time, she may develop bedsores, so this condition can be a telltale sign of neglect. An even bigger threat to a patient’s well-being is an infection or infectious disease. Elderly patients have weakened immune systems and an infection may be unavoidable, but they should be treated swiftly and aggressively. Infections like c.diff and MRSA can be fatal in elderly patients if they go untreated.
- Dehydration and malnutrition. Nursing homes must provide residents with nutritious, palatable meals and must provide alternatives if a resident refuses to eat what is offered. If a loved one complains about the food and shows symptoms of dehydration or malnutrition, it is vital that you investigate and take action.
- Falls and broken bones. Falls are common among elderly residents of nursing homes and their brittle bones mean they are more likely to suffer a broken bone in a fall. However, a care facility should take every precaution to prevent falls and should respond immediately when a resident falls. Every broken bone should be investigated for the possibility of abuse or neglect.
- Improper medication. Protocols should be in place so that medication errors never occur in a nursing home. However, if your loved one receives the wrong medication, is given too much or too little of a required medication, or suffers an adverse reaction to a medication, you can be sure someone made a mistake and should be held accountable.
- Wrongful death. Nursing home residents are elderly, and death is to be expected. However, if the death is sudden or there is evidence of abuse or neglect on the body of the deceased, the facility may be guilty of wrongful death. These cases are difficult to prove, and you will need the assistance of a wrongful death attorney who specializes in elder abuse law.
- Financial abuse. Scams involving insurance or counterfeit prescription drugs are sometimes perpetrated against nursing home residents. As a family member, it is often up to you to keep track of your loved one’s finances and to take action if you believe the nursing home is stealing from its residents.
- Improper use of restraints. Bruising, toileting accidents, dehydration, depression, and other injuries can be signs that your loved one has been restrained to a bed or wheelchair. While there are times when restraints are necessary, if you suspect they have been used improperly, call an attorney to help you investigate.
It is not easy to put a loved one in a residential care facility, and you may worry about him or her all the time. You want the best possible care for your parent or grandparent, and it may be hard to distinguish between substandard care and outright abuse. We tell our clients to trust their instincts. If your loved one shows signs of physical abuse or is declining rapidly in other ways, ask questions and call an attorney.
When Should You Get Legal Advice Regarding Your Elder Abuse Claim?
The elderly in America are being taken advantage of by large, corporate, for-profit health care facilities. You should absolutely consult with an attorney experienced in elder abuse before you file a claim. This area of the law is complex and legislation is possibly changing, but you can rest assured that Case Barnett Law will work to get the best possible outcome for your elder abuse case and is willing to go all the way to trial if necessary. If you would like to speak to one of our attorneys about your case, call Case Barnett Law today.
How We Can Help
We are highly experienced in elder abuse and we have major elder abuse case victories. Like in all of our cases, the four pillars of Case Barnett Law are the foundation for our elder abuse cases. They are: customer service, proven success in trial, technology and our highly trained staff of experts.
We help people make the best decisions regarding their legal issues. We believe people should be empowered during their journey to justice. We want everyone, regardless of if they become a client or not, to follow the clearest path to success.
We take communication with our clients very seriously and we integrate technology in all that we do to deliver cutting edge results. Everyone on our team is highly trained and skilled. More importantly, everyone at Case Barnett Law knows who the most important person is; YOU.
We meet people who are often times going through one of the most difficult moments in their life. We are sorry that you have experienced something that has caused you to seek legal help. We are here to make your life easier so that you can focus on healing and making smart legal decisions.
If you are dealing with an elder abuse claim and want your case handled by a team that has actual experience with this little-known and difficult area of law, you have come to the right place.
The best way to start is simply to call us. The conversation is completely confidential and you are under no obligation to do anything more than gather information that will empower you.
Call us at (949) 861-2990 to discuss your case.
It's free, confidential and comes with no strings attached.
Can You Sue a Nursing Home?
In elder abuse cases a major factor is the facility in which the abuse took place. You should start by researching the facility. To do this go to the website for the California Department of Public Health. Search the facility for prior citations and/or deficiencies. You can also visit the California Department of Social Services webpage.
What Constitutes Neglect in a Nursing Home?
When a loved one is not properly care for in a nursing home you have the right to speak out and do something about it. We have helped victims who have suffered from dehydration, bed sores, infections and wrongful death.
What is the Process of a Nursing Home Lawsuit?
Photograph, take video, or journal what is happening or has happened. It is important to document any and all evidence of the elder abuse. Bed sores should be photographed before they heal. Conversations with the victim should be documented in case they are not able to later testify. Notes should be kept on dates and details of any and all incidents that led up to or were a part of the elder abuse incident. It is also important to note which nurses were working, any conversations that were had with management, etc.
Document prior conversations, including complaints about the facility by the victim or family members, sales pitches made when your loved-one entered the facility, promises made during intake, etc.
When you are ready, meet with an attorney to help you navigate your nursing home abuse lawsuit.
IMPORTANT INFORMATION ABOUT CALIFORNIA ELDER ABUSE CASES: Just for you.
The elderly in America are being taken advantage of by large, corporate, for-profit health care facilities.
California is currently awaiting a decision on a very important piece of legislation in regards to the EADACPA. The Elder Abuse and Dependent Adult Civil Protection Act ("EADACPA") was enacted in 1991 to protect disable adults and the elderly. In 1991 The California Legislature declared that the elderly and dependent are at a greater risk or abuse, neglect or abandonment, and that our state has a responsibility to protect them.
The current proposed legislation could put financial caps on all medical negligence cases in the United States, including elder abuse cases. If this law passes, elder abuse cases will no longer be economically feasible. It costs an attorney hundreds of thousands of dollars to fight against these huge corporate nursing home chains. Under a new law, attorneys will not be able to fight for their clients. Our elderly and abused will have no protection and these for-profit facilities will have no one to hold them accountable.
Any case that is filed before this legislation is passed is not subject to the capping of damages. Case Barnett Law currently has dozens of elder abuse cases in which a large corporate giant has taken advantage of a vulnerable member of our society. We plan on seeking justice and showing these facilities that they are to be held accountable for the ways in which they run their facilities and treat their clients.
When You Should Get Legal Advice Regarding Your Nursing Home Abuse Claim?
You should absolutely consult with an attorney experienced in elder abuse before you file a claim. This area of the law is complex and legislation is possibly changing. If you would like to speak to one of our attorneys about your case call Case Barnett Law today.
We are pretty passionate about what we do so there is always someone ready to talk shop with you.
Dial us up at (949) 861-2990