No nursing home resident should ever have to worry about suffering from abuse or neglect. Unfortunately, there are times when nursing home employees cause harm to the residents under their care. If you suspect that your loved one has been abused in a nursing home, contact Walkup, Melodia, Kelly & Schoenberger today. Our Hayward nursing home abuse attorneys will investigate your case and were to secure any compensation necessary.
Choose Walkup, Melodia, Kelly & Schoenberger to help
After discovering your loved one has been abused or neglected in a nursing home, the team at Walkup, Melodia, Kelly & Schoenberger is ready to bring their experience to your side.
- We have the resources necessary to review all documents and evidence and enlist any experts from our network of professionals to help with your case.
- Our nursing home abuse and neglect attorneys have been helping residents in this area for nearly 60 years.
- We are not afraid to take a case to trial if that is what it takes to secure maximum compensation.
We understand that victims of nursing home abuse often lack the financial resources necessary to properly pursue their claim. That is why our Hayward nursing home abuse attorneys take these cases on a contingency fee basis. This means that we collect no legal fees until after we secured the compensation our clients deserve.
How does nursing home abuse and neglect occur?
Various California laws are in place to protect residents in nursing homes and long-term care facilities, and many protections can be found in the Welfare And Institutions Code Section 15610.57. Unfortunately, there are common and reoccurring reasons as to why nursing home abuse occurs in California. This includes:
- Incompetence or improper training
- Stress and exhaustion
- Intentional misconduct by nursing home employees
- Medication mistakes
- and more
Residents in nursing homes can sustain various types abuse, including physical abuse, sexual abuse, emotional and psychological abuse, financial abuse, and neglect of basic necessities.
Family members and friends of nursing homes need to be on the lookout for some of these common signs and symptoms that could indicate abuse is occurring:
- Bruises, broken bones, burns, lacerations
- Bedsores at any stage of development
- Fear around certain caretakers or nursing home employees
- Sudden withdrawal from activities
- Unusual depression or anxiety
- Poor hygiene
- Sexual abuse
- Unusual weight loss
- Lack of basic medical needs, such as glasses, walker, hearing aid, or daily medications
- Unclean living facility
How long do victims have to file a claim?
In most nursing home abuse and neglect cases, injured victims (or their family members) will have two years to file a claim against an alleged negligent party, per California Code of Civil Procedure section 335.1. However, this statute of limitations may be different if the case involves allegations of medical malpractice. California Code of Civil Procedure sections 340.4 and 340.5 state that medical malpractice claims can be filed no later than three years after the date an injury occurs or one year after the victim discovers the injury, whichever comes first.
What kind of compensation is available?
If your loved one has been abused or neglected in a nursing home, there may be various types of compensation available for what happened. At Walkup, Melodia, Kelly & Schoenberger, our team regularly helps clients secure the following in the aftermath of these abhorrent incidents:
- Compensation for any medical expenses caused by the abuse or neglect
- Loss of enjoyment of life damages
- Pain and suffering damages
- Coverage to relocate to a new facility if necessary
- Possible punitive damages against a negligent nursing home facility
When you need a Hayward nursing home abuse attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 889-2919.