San Diego Elder Abuse & Nursing Home Abuse Lawyer

Elder abuse involves any harm or neglect imposed upon an older adult, typically over 65 years old. This harm can be physical, but it can also occur in the form of financial harm via fraud or exploitation.

Elder abuse typically occurs because, as adults get older, they are less able to take care of themselves. As they get weaker, they often require assisted living care, either by nursing home facilities, hospitals, or at-home care by loved ones. It is during this period that they are most open to mistreatment, as attempts to take advantage of them may be met with minimal resistance.

Types of Elder Abuse

It is important to note that elder abuse does not always mean physical harm—that is just one type of elder abuse.

Some of the most common types of elder abuse include:

• Physical abuse. This involves the use of physical force that results in pain or injury. Since seniors are often physically frail, even seemingly "minor" acts of aggression can cause serious harm. Physical abuse can stem from caregiver frustration, but no circumstance justifies harming a vulnerable person.
• Sexual abuse. Sexual abuse includes any non-consensual sexual contact or behavior directed at an elderly person. Those who are especially weak or have mental ailments have a higher likelihood of being a survivor of sexual assault.
• Financial abuse. This occurs when someone illegally or improperly uses an elder’s money, property, or assets. It can involve coercing or tricking the person into signing over power of attorney or other legal control. Family members can sometimes be perpetrators, exploiting the elder’s trust and vulnerability.
• Abandonment & neglect. The neglect of an elderly person also constitutes abuse, especially in cases involving nursing homes. Ignoring an elderly person’s needs for proper nutrition, care, and medications can significantly impact their health, causing illnesses and other complications that may be fatal.

Signs of Elder Abuse & Neglect

It can be challenging to uncover abuse and neglect in nursing homes, hospitals, and other living facilities. Some elderly individuals may have debilitating physical or mental disabilities that prevent them from accurately conveying their experiences to their loved ones. 

Common signs that may indicate your loved one is a victim of abuse and/or assault include:

• Unexplained cuts, bruises, and other injuries
• Sudden changes in mood
• Symptoms of depression or anxiety
• Withdrawal from family members
• Sudden loss of weight and poor personal hygiene
• Bedsores 
• Sudden changes in possessions, property, or financial accounts

Another sign can be nursing homes that object to seeing your loved one or otherwise do not allow your loved one to be alone with you. If you notice any of these signals of abuse or neglect, don't hesitate to report the abuse to the local Adult Protective Services (APS) or call 911 if there is an immediate emergency.

What Is the Statute of Limitations for Elderly Abuse in California?

There are a few statutes of limitations that individuals need to be aware of when it comes to these cases. First, the personal injury statute of limitations in California is two years from the date an injury occurs. If an individual or their representative fails to file a lawsuit against the alleged abuser within this time frame, they will likely be unable to recover compensation.

However, if the nursing home abuse revolves around medical malpractice, the statute of limitations is one year after the plaintiff discovers or should have discovered the injury or three years from the date the injury occurred.

It is crucial for family members to file these claims on time in civil court. Our skilled San Diego elder abuse attorney can get involved in these claims very early and fully investigate the situation. We can make sure that your case is filed on time and appropriately.

Compensation Available for Elder Abuse & Nursing Home Abuse Claims

If your loved one has been abused, either physically or emotionally, at the hands of a nursing home employee or as a result of systemic failures at a facility, we encourage you to reach out to an attorney as soon as possible. Joel R. Bryant Works diligently to recover various types of compensation on behalf of every client that he helps.

Types of compensation can include:

• Coverage of any medical expenses arising due to the abuse
• The cost of stay at the nursing home facility
• The cost of relocating to a new facility
• Emotional distress damages
• Loss of quality of life damages

The total amount of compensation available to nursing home abuse victims will vary depending on the facts related to each particular situation. Some elements that can affect how much compensation is available include the severity of any injuries, the documented level of pain and suffering, insurance limitations of the nursing home, and more. 

Understanding California's Elder Abuse Laws

California takes a firm stand against elder abuse, with specific laws designed to protect older adults from various forms of mistreatment. The Elder Abuse and Dependent Adult Civil Protection Act serves as a crucial legal framework outlining protections against abuse. San Diego elder abuse attorneys often utilize these laws to build strong claims on behalf of their clients by making sure that every aspect of the abuse is carefully documented and addressed.

Another essential piece of legislation is the Welfare and Institutions Code Section 15630, which mandates that certain professionals, such as healthcare providers and social workers, are required to report suspected elder abuse. This duty to report is pivotal in detecting abuse cases early and preventing further harm. By working closely with our knowledgeable San Diego elder abuse attorney, victims and their families can effectively navigate these legal paths and protect their rights.