The Bay Area has been severely affected by the coronavirus (COVID-19) pandemic. COVID-19 is running rampant through nursing homes, assisted living facilities and homes for the disabled. Our seniors are extremely vulnerable to this infection.
Unfortunately, many nursing home facilities are unprepared to protect their staff and residents from serious and fast-spreading infections like COVID-19. That is unacceptable, even if coronavirus is a new contagious disease.
Nursing homes and assisted living facilities must be able to provide clean, safe living environments for their residents. These facilities must be prepared to contain outbreaks of illness and infection, even coronavirus.
If your loved one is in a nursing home or assisted living facility and has been exposed to, contracted or died from coronavirus, please call our Pleasanton nursing home lawyers. Call us at (925) 460-8484 for a free consultation about your rights and whether you have a claim.
What Is Nursing Home Abuse or Neglect?
When your loved one moves into a nursing home or assisted living facility, you have every right to expect that they are being cared for by well-trained, properly-qualified professionals. You should expect these professionals to treat your loved one with dignity, respect and compassion. Unfortunately, some nursing homes hire staff who are not properly trained or licensed. Additionally, some facilities have too many residents for their staff to properly do their jobs.
When nursing homes become overwhelmed, it can result in your loved one being:
- Underfed or not getting his or her medications
- Mistreated by staff
Sometimes the abuse can come from other residents at the nursing home. Facilities have a responsibility to keep their residents safe from other residents, too. If another resident is harming your loved one, the nursing home may be responsible.
California passed the Elder Abuse and Dependent Adult Civil Protection Act. This act recognizes the following:
- Elders and dependent adults may be subjected to abuse, neglect or abandonment
- California has a responsibility to protect these persons (Welfare and Institutions Code, Section 15600)
Signs of Nursing Home Abuse or Neglect
There are many signs of abuse or neglect, including:
- Bed sores or other unexplained injuries
- Signs of isolation or restraints
- Denial of medication or improper medication
- Family members are not told about illnesses or injuries
- Poor nutrition, significant weight loss
- Poor hygiene
- Financial abuse or theft from the resident
- Verbal abuse
- Fear of nursing home staff or other residents
- Infection with diseases like coronavirus
Do You Have a Claim If Your Loved One Was Infected With Coronavirus?
It is possible that you can sue the nursing home, assisted living facility or home for developmentally disabled adults if you or your loved one is infected with coronavirus. Facilities in Alameda County, Contra Costa County, San Francisco County, Marin County and Santa Clara County have duties to protect their residents from neglect. Neglect includes the failure to protect residents from health and safety hazards (Welfare and Institutions Code, Section 15610.57). If the facility failed to adequately check staff members for coronavirus or failed to assist residents with personal hygiene, there may be a claim for coronavirus infection.
Should You File a Claim Against or Sue the Nursing Home?
Unfortunately, there are nursing homes, assisted living facilities and homes for dependent adults that do not provide the level of care our loved ones deserve. And, they often suffer in silence. When a nursing home has wronged your loved one, whether by abuse or neglect, filing a claim or lawsuit is critical. The purpose of filing a claim or lawsuit is not just to recover for damages your loved one has suffered, but to also hold companies accountable for their actions.
While COVID-19 is a new and emerging threat, contagious diseases are not. Nursing homes should always be equipped to protect their residents and staff from contagious diseases. Nursing homes have many rules that they need to follow to make sure that their residents are safe and cared for.
Many facilities receive federal funding. This means they need to follow certain rules which require that the nursing home hire qualified staff. They must also make sure that their facilities are safe and clean, and that they have enough staff to properly care for all of the residents, many of whom are at high-risk of injury, illness or even death.
If you believe that your loved one has not been properly cared for, treated or protected at a nursing home, call us. The Pleasanton nursing home abuse attorneys at Bonjour, Thorman, Burns & Dahm can talk to you about the details of your case and determine if you have a claim. All consultations are free. Call us at (925) 460-8484 to set up an appointment.
How Much Will It Cost to File an Abuse Claim or Lawsuit?
We accept elder abuse and disabled adult abuse cases on a contingency fee basis. That means we only get paid if you win a financial settlement or jury verdict. In elder abuse cases, the court may award reasonable attorney fees to lawyers who help protect elders and developmentally disabled adults from abuse (Welfare and Institutions Code, Section 15657).
Our Pleasanton Personal Injury Lawyers Are Experienced and Skilled in Fighting Nursing Home Abuse and Neglect Cases
While coronavirus (COVID-19) is new, elder abuse and nursing home abuse and neglect is not. Our Pleasanton personal injury lawyers have a long track record of obtaining terrific results for our clients in nursing home or elder abuse and neglect cases.
These cases are often complex. Generally, they involve careful review of:
- Policies and procedures
- Medical records
They also require a strong familiarity with state and federal regulations. The experienced and dedicated attorneys at Bonjour, Thorman, Burns & Dahm are ready to help you.
Need a Pleasanton Personal Injury Lawyer for a Nursing Home Abuse Case?
Having a loved one who has suffered harm at their nursing home is a stressful experience. Having excellent lawyers can reduce the stress and bring some peace of mind. Our law firm has offices in Oakland, Pleasanton and Fremont. We are here to assist you in fighting against elder abuse and dependent adult abuse. Call us at (925) 460-8484 or fill out our online contact form to get started with your free consultation.