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San Jose Nursing Home Abuse Lawyer

By law, nursing homes in San Jose have duties to provide for residents’ physical, emotional, and psychosocial well-being. Abusing residents through neglect, physical force, harmful verbiage, and financial exploitation is absolutely unacceptable. Henshaw & Henry, PC defends San Jose’s elderly population from neglect, abuse, and exploitation. Our San Jose nursing home abuse attorneys know how they would feel if someone harmed their elderly loved ones. They take the same passion and apply it to every nursing home abuse case they take on. You and your family will be in good hands retaining our firm for legal representation during a nursing home abuse case.

Nursing Home Abuse Statistics

The statistics for nursing home abuse remain largely underreported. Thousands of senior citizens suffer from different types of abuse in nursing homes without coming forward or reporting their experiences. Many are either too afraid or incapacitated to say anything. That being said, the numbers for nursing home abuse are still shocking based on available reports. The National Center on Elder Abuse states that about 10% of nursing home residents experience some form of abuse or neglect.

One of the first studies of its kind, based on nursing home facilities in New York, found that 260,000 older adults in the state had been victims of elder abuse in the previous year. Another study found that most victims of elder abuse suffer from dementia – around 50%. Physical impairments also increase the risk of elder abuse. According to data, female nursing home residents are more likely to suffer abuse than male.

Examples of Elder Abuse in California

California’s Bay Area is a popular place for retirees. Unfortunately, a high number of senior citizens means a higher rate of nursing home abuse. Dozens of senior living and nursing homes exist throughout the Bay Area. Before you select one for your loved one, vet all of your options to find the best fit. Research the history of the home to check for signs of resident abuse or neglect. The following are some of the most popular senior homes in the Bay Area:

Bay Area nursing homes have made headlines for all the wrong reasons in the past. Roseville Point Health & Wellness Center, for example, was the subject of a lawsuit alleging that it intentionally understaffed its facility to save money. One state audit in California found that health regulators allowed negligent care to exist in nursing homes throughout the states – possibly contributing to the significant increase in serious injuries and deaths in the past few years. If you need a San Jose elder abuse lawyer’s help for suspected nursing home abuse, call us at (408) 533-1075.

Signs of Nursing Home Abuse

Nursing home abuse is something that should never happen. It is difficult to fathom that someone could abuse one of the nation’s most vulnerable and defenseless populations. Sadly, thousands of nursing home abuse cases come to light in the U.S. every year. Experts believe this problem remains largely underreported, due to senior citizens who are unable or unwilling to come forward. Solving the problem starts with identifying that there is one. There are three main types of nursing home abuse, other than financial exploitation, all with different red flags:

  1. Physical abuse. A caretaker or nursing home staff member may slap, hit, pinch, burn, or otherwise physically abuse a resident as a means of intimidation, harassment, punishment, or to get something from the victim, such as money. Look for unexplained injuries and strange bruising or marks.
  2. Mental abuse. A nursing home may be guilty of mental abuse if it harasses residents, isolates them, unnecessarily restrains them, refuses care, or takes away food and water. Even without physically touching the patient, staff members can cause depression, anxiety, fear, withdrawal, behavior changes, and health problems.
  3. Sexual abuse. Staff members may sexually abuse residents to take advantage of a power position, or because residents with dementia or other conditions cannot resist or report them. Look for emotional changes as well as physical signs such as bruising on the upper thighs, pelvic injuries, and bloody undergarments.

Other warning signs that a nursing home is abusing your loved one include the presence of bedsores, malnutrition, hair loss, poor hygiene, and infection. These are signs that the nursing home does not properly care for its residents, and could be causing physical injuries or illnesses. Our San Jose law office can help you identify nursing home abuse and take swift, aggressive action against the responsible party.

FAQs About Nursing Home Abuse

Years of helping elderly residents of San Jose and the Bay Area have given our lawyers the experience necessary to answer some of the most frequently asked questions our firm receives from clients. We can answer your specific questions more thoroughly during a free, no-obligation case evaluation at our local law office. In the meantime, here are a few FAQs we often get:

When can I file a claim for nursing home abuse?

You or your loved one can bring a claim against a nursing home or staff member for alleged abuse if you can prove that the defendant owed a duty of care, breached that duty, and harmed the plaintiff. In California, you have two years from the date of the injury to file your claim.

What damages are available?

A successful nursing home abuse claim can result in financial compensation for the injured party’s past and future medical expenses, physical pain, emotional suffering, mental anguish, and lost quality of life. The courts may also award additional punitive damages in abuse cases, to punish the defendant.

When should I involve the authorities?

The moment you suspect nursing home abuse, call 911 and report your suspicions. You should also report your concerns to the nursing home’s owner or manager, who will investigate the issue and possibly suspend or terminate the employee in question. Remove your loved one from the nursing home. Then, contact our San Jose attorneys to figure out your next step.

At Henshaw & Henry, PC we know how confusing and scary a nursing home abuse case can be. Your elderly loved one may be nursing serious injuries or suffering long-lasting mental and emotional byproducts of an abusive situation. In the meantime, insurance companies and representatives from the nursing home may be contacting you for information. Do yourself a favor and contact our firm as soon as you suspect nursing home abuse. Our San Jose nursing home abuse lawyers will take care of everything for you so you can focus on your family.

Experienced Nursing Home Abuse Attorneys in San Jose

The moment you suspect a nursing home of abusing your elderly loved one, take your loved one out of the facility and out of harm’s way. Report your suspicions to nursing home management, and call the police to request an investigation. Get your loved one medical attention for any physical injuries from acts of abuse. Then, call Henshaw & Henry, PC at (408) 533-1075. We can investigate the incident and possibly file a personal injury or wrongful death lawsuit against the nursing home on your behalf. Your loved one deserves top lawyers for hard-hitting litigation. Submit our intake form and we’ll get back to you right away.