Personal Injury
Defective ProductsNursing Home Neglect Lawyers in Orange County, Los Angeles & San Francisco
After a long life of hard work and contribution to their families and society, senior citizens expect to live their final years in peace, well-being, and tranquility. These "Golden Years" should be as bright and rich as the name implies. A new report by the American Association for Justice, entitled "Standing Up for Seniors: How the Civil Justice System Protects Elderly Americans," reveals that the unfortunate reality for many of our seniors is far different. Instead of the respect and care they deserve, our seniors face abuse, neglect, and fraud -- usually at the very hands of those tasked with keeping them safe.
The Standing Up For Seniors Report cites several reasons for the issues facing the elderly. One of the main reasons has to do with the increasing number of America's nursing homes being run by corporations. These corporations -- often more beholden to their shareholders than to the seniors they are charged with taking care of -- are cutting staffs, services, and standards of care to raise profits.
Under the law nursing homes are required to provide their residents with the "highest practicable physical, mental and psychological well-being." More specifically, they are required to provide food with sufficient nutritional standards, have adequate staff, prevent avoidable pressure sores, limit the use of chemical restraints, etc. Despite these clear regulatory mandates, many government agencies, non-profit watchdogs, and media organization consistently find serious instances of nursing home abuse and neglect.
Though various laws and regulations exist on the books to protect seniors, many nursing homes take advantage of loopholes in the law and the limitations of regulations and inspections to skirt their obligations to the seniors in their care. For example, the Government Accountability Office (GAO) has highlighted a trend in institutions escaping sanctions by "yo-yoing" in and out of compliance. Nursing homes found in violation are given a grace period in which to fix problems without receiving sanctions. Many nursing homes fix the problems within the grace period (thus avoiding sanctions), but then allow the problems to reappear later on.
Another reason, the nursing home neglect today is due to insurance companies who institute policies designed to mislead and defraud vulnerable seniors. Again, though regulations exist to try to prevent such predatory actions, insurance regulators protest that they can do nothing. And when regulators do take the insurance companies to task, they more often than not strike deals that keep fines to a minimum and settlements secret from the public.
Regulators and legislators have not adequately responded to the immense neglect, abuse, and fraud perpetrated against vulnerable seniors, but the civil justice system has stepped up to help. Attorneys representing our nation's senior citizens and their families are playing a critical role in uncovering abuse and neglect, and are an effective force compelling nursing homes and insurance companies to fix their conduct and prevent further violations.
If you fear that someone you love has been the victim of abuse and neglect by a nursing home or fraud by an insurance company, you should seek the advice of an experienced attorney. You will not only be able to help your loved one, but you will also help other vulnerable seniors who are also in the home. Contact our offices to speak with an elder abuse attorney for free IMMEDIATE case evaluation. Call 800-849-4905. The call is free. The advice may be priceless.
Call a personal injury lawyer in Los Angeles for a free professional evaluation of your rights by attorneys who have been representing victims of nursing home abuse since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.
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