- Physical or chemical restraints
- Malnutrition or dehydration
- Improper, wrong or over-medication
- Lack of supervision (allowing residents to wander from facility)
- Physical abuse or unexplained injury
- Theft of money and personal property
- Untrained or insufficient staff
Experienced Nursing Home Abuse - Elder Malpractice Attorney
The lawyers at the Law Office of Steven L. Weiner & Associates are committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved one has been victimized by medical malpractice while in the care of a senior citizen facility, contact the Law Office of Steven L. Weiner & Associates now at 1-800-704-0151. The consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis which means we get paid for our services only if there is a monetary award or recovery of funds. Don't wait. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
Nursing Home Responsibilities
The Federal statute, the Omnibus Budget Reconciliation Act or "OBRA", 42 USCA 1396 et seq. and 1395 et seq., and its interpretive guidelines, spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.
California Nursing Home Abuse - Medical Malpractice
Whether a caregiver fails to meet the needs of the senior (neglect) or actually physically or mentally abuses a resident, nursing home abuse is not uncommon in today's society, and we must do our best to prevent it. Recently, there has been increased recognition that elderly and dependent adults are subject to risks of abuse, neglect and abandonment. The abuse can be recurrent neglect or a single egregious event which produces injury, either physical or financial. There are several common types of injuries that are suffered as a result of recurrent neglect, including:
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The Law Office of Steven L. Weiner & Associates ...
exclusively practicing personal injury law in California for over 30 years.
The Law Office Steven L. Weiner and Associates is a San Francisco Bay Area personal injury law firm that concentrates on complex personal injury litigation that includes wrongful death, automobile accidents, elder abuse, and premises negligence. We are a nationally respected law practice with California legal offices located in:
Who Governs Medicare and Medicaid Services?
Our California Law Offices:
1990 N. California Blvd., Suite 550
Walnut Creek, California 94596
California Street Center
50 California Street, Suite 1500
San Francisco, California 94111
1300 Clay Street, Suite 600
Oakland, California 94612
Gateway Place Center
2055 Gateway Place, Suite 400
San Jose, California 95110
Metro Gateway Center
1840 Gateway Drive, 2nd Floor
San Mateo, California 94401
5820 Stoneridge Mall Road, Suite 100
Pleasanton, California 94588
5230 Pacific Concourse Dr., Suite 200
Los Angeles, California 90045
4370 La Jolla Village Drive, 4th Floor
San Diego, California 92112
© 2012 by Law Office of Steven L. Weiner & Associates. All rights reserved.
In the United States today, there are over thirty six million people above the age of 65. According to statistics, many will need some form of assisted living, whether it is a nursing home, assisted living facility or other elderly facility. Due to the fact that long-term care for the elderly is typically extremely expensive (well over $5,000 per month in many jurisdictions), the vast majority of residents go through most, if not all, of their assets in a matter of months and then become eligible for federal Medicaid benefits. Indeed, the cost of over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facilities receive Medicaid funds.
According to the best available estimates, between 1 and 2 million Americans age 65 or older have been abused in some way or another. Nursing home residents have patient rights and certain protections under the law. Pursuant to 42 U.S.C.A. 1396r(c)(1)(B)(i) the nursing home must list and give all new residents a copy of these rights. Resident rights include but are not limited to:
- Services and Fees: You must be informed in writing about services and fees before you enter the nursing home. See: 42 U.S.C.A. 1396r(c)(1)(B)
- Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others. See: 42 U.S.C.A. 1396r(c)(1)(A)(iii)
- Medical Care: You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments. See: 42 U.S.C.A. 1396r(c)(1)(A)(i)
Before proceeding with litigation, a review of medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information about the elder's treatment or documents which will assist in evaluation. This should include inquiries regarding complaints and third party investigations by governmental authorities. Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is different. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home's conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home's negligence can be distinguished from the resident's existing disease process.
DISCLAIMER: The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Each personal injury lawyer and wrongful death attorney at the Law Offices of Steven L. Weiner & Associates provides comprehensive legal advice and lawsuit representation to clients across Central, Southern and Northern California, including Walnut Creek, Pleasanton, Oakland, San Mateo, San Francisco, San Jose, Los Angeles and San Diego.