Sacramento Nursing Home Abuse Lawyer

Picture of Edward A. Smith

For many aging individuals, there comes a point where living independently is no longer a safe option. Some individuals suffer physically to the point that they cannot care for themselves and others suffer from cognitive decline that makes it unsafe to live alone. In many cases, individuals suffer both physically and cognitively and need to be in the care of trained nursing staff in order to live healthy, safe lives. For 1.3 million Americans, nursing homes provide this care.

Trusting the Care of Your Loved one to Someone Else

Grown children and other relatives of elderly individuals with declining faculties often have to face the difficult decision of moving their loved ones into nursing homes. Many struggle with this choice because moving a loved one into a nursing home means trusting his or her care to strangers. Although nursing homes are meant to attend of all of their residents’ needs in clean, secure environments, many fall short of this responsibility. In some nursing homes, residents’ needs are neglected and in others, outright abuse occurs.

Suffering Within a Nursing Home

When nursing home abuse occurs, the victim can suffer immensely. His or her physical and mental health, financial stability, and overall well being can suffer, putting him or her at risk of suffering a worsened condition and a lowered quality of life. If you think your loved one is suffering from abuse or neglect in his or her nursing home, you can file a nursing home abuse claim to seek compensation for his or her damages. In fact, you should do this. Not only would taking a stand for your loved one rectify his or her suffering, it will likely cause the nursing home to make changes to how it operates, sparing current and future residents from harm. Be an advocate for your loved one who may not be able to advocate for him- or herself. As an experienced Sacramento nursing home abuse lawyer, I am here to work with you to seek justice on your loved one’s behalf.

Types of Nursing Home Abuse

Nursing home abuse can take many forms. The most common of these is neglect, which is the failure of an individual’s caregiver to attend to all of the individual’s needs. This can take the form of failing to give the individual nutritious food, enough water, the medication he or she needs, or even failing to give him or her the mental and social stimulation necessary to live a healthy day-to-day life. Keeping an individual in a dirty, cluttered, or unsafe environment is also a form of neglect.

Physical Abuse
Physical abuse is the physical harm of an individual. Hitting, punching, kicking, and shoving a nursing home resident are all forms of physical abuse. Intentionally keeping an individual from receiving the medical care he or she needs is also a form of physical abuse.

Emotional Abuse
Emotional abuse is the belittling of an individual to diminish his or her self worth, often done in an attempt to assert control over him or her. It is closely tied to psychological abuse, which is the systematic use of statements to make the individual doubt his or her own credibility. An example of psychological abuse is gaslighting, which is the contradiction of any statement the victim makes and the discrediting of his or her memories or reality. For example, a resident who tells her caregiver that she experienced physical abuse from another member of the staff might be told that she actually had not been abused and that her memory is false. An example of emotional abuse is repeatedly telling a victim that he or she is not lovable and that he or she does not deserve love.

Financial Abuse
Financial abuse is the use of a victim to gain a financial advantage. Examples of financial abuse that can occur in nursing homes include stealing from victims or scamming them into giving away their personal information or participating in predatory practices.

Sexual abuse is defined as any non-consensual sexual contact between two individuals. Touching a resident in a sexual way, asking him or her overtly sexual questions or making sexual statements, or exposing oneself to the victim in a sexually provocative way are all forms of sexual abuse.

Effects of Nursing Home Abuse

Nursing home abuse can dramatically impact an individual’s quality of life. Physical abuse can leave a victim injured or cause existing medical conditions to worsen. Financial abuse can put an individual’s future access to the care he or she needs in jeopardy. All forms of abuse can cause an individual to suffer from anxiety, depression, and other mental health issues.

If you recognize any of the following changes in your loved one, discuss them with his or her caregiver. In some cases, they can be attributed to a change in medication or the progress of his or her medical condition. In others, they are due to mistreatment.

Watch for these Warning Signs
  • Sudden weight loss;
  • A change in personality. Often, abused individuals become more withdrawn, irritable, or despondent;
  • Bruises, cuts, and other physical injuries;
  • A change in appetite;
  • Worsened physical health; and
  • Worsened hygiene.
Why Does Nursing Home Abuse Occur?

Nursing home abuse and neglect often occur because staff members are overworked and cannot attend to all of their residents’ needs. Mistreatment can also occur when staff members are not sufficiently trained to care for their residents’ specific needs. This does not excuse abuse when it occurs, but it is something you should keep in mind when touring prospective facilities for your loved one and visiting him or her.

What to Do if you Suspect your Loved One is Suffering from Nursing Home Abuse

Document everything. Take note of what you observe, when you observe it, and any other relevant factors, such as whether you discussed your observation with a staff member or if multiple residents seemed to be affected by the condition you observed. Building a solid body of evidence is critical to supporting your claim. This is one of the reasons why it is important that you visit your loved one regularly – you cannot keep an eye out for his or her safety if you are not a regular presence in his or her life.

Talk to Your Loved One Frequently
Talk to your loved one frequently as well. Ask about the care he or she receives and if there is anything he or she is not happy with. Note this as well.

Voice Your Concerns to Staff
Speak with the staff members at the nursing home about the issues you observe. This, too, should be documented to support your claim. Speak with the individuals who provide hands-on care to your loved one as well as their supervisors.

Make an Appointment to see a Nursing Home Abuse Lawyer
Bring your notes to an experienced nursing home abuse lawyer to discuss filing a claim with the California Department of Public Health. This is the state agency that licenses all nursing home and hospital facilities and certifies that the individuals who staff them are qualified to perform their jobs. If your lawyer determines that abuse or neglect has occurred and you have grounds for a claim, this is the agency with which you will file your claim. You might also need to contact the California Licensing and Certification Division with your claim.

Seeking Compensation for Damages Caused by Nursing Home Abuse

Your lawyer can determine the extent of the effect the abuse had on your loved one and the right legal action to take to seek compensation for his or her damages. Your loved one might need rehabilitative medical care to correct the physical harm suffered as well as psychological counseling to overcome the emotional trauma of psychological, emotional, physical, or sexual abuse. If your loved one also lost money through financial exploitation, this may also be considered as part of your claim.

Litigating a Case or Settling Out of Court

In many cases, these issues are settled outside of court, but you may need to bring your case to the courtroom to reach a resolution. This is why you should be sure to work with a lawyer who has experience with litigating nursing home abuse cases. Ask your lawyer whether he or she has this type of experience and discuss the possibility of having to bring your case to court. No case’s results are guaranteed, so be prepared to take any necessary action to resolve yours.

Work with an Experienced Sacramento Nursing Home Abuse Lawyer

I care about your loved one’s well being as much as you do. Nursing home abuse and neglect are never acceptable, no matter why they occur. If you suspect that your loved one is suffering from abuse in his or her nursing home or if you have seen the abuse or its effects first hand, you need to be an advocate for your loved one and start working with an experienced nursing home abuse lawyer as soon as possible to start investigating the issue and developing a nursing home abuse claim.

Sacramento Nursing Home Abuse Lawyer

I’m Ed Smith, a California nursing home abuse lawyer. If you or your loved one has suffered nursing home abuse, please call me at (916) 921-6400 for free and friendly advice. I may also be reached at (800) 404-5400 if you are calling from outside the (916) area.

I’ve worked hard to seek compensation for California nursing home abuse victims since 1982. Let me stand by your side to get your loved one the compensation he or she deserves.

Members of the Million Dollar Advocates Forum.

See our Past Verdicts and Settlements.

See my reviews on Avvo (the attorney rating website), Google Plus and Yelp.

Visit the Law Offices of Edward A. Smith.

Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★