Intentional abuse in nursing homes and assisted living facilities can be extremely harmful in obvious ways. However, unintentional neglect can be just as dangerous and much more widespread. In either scenario, legal action may be appropriate against the staff member or facility responsible for mistreating a resident.
Pursuing a claim based on alleged neglect can be a deceptively complicated endeavor. When it comes to stopping neglect in San Diego nursing homes and recovering compensation for related losses, you need guidance from a knowledgeable nursing home abuse lawyer. Our experienced attorneys can explain the critical elements of this type of mistreatment that family members should be aware of and know how to identify if a nursing home ever violates their loved one’s rights.
What Causes Neglect in Nursing Homes?
Unlike abuse, which often involves malicious intent, neglect in San Diego nursing homes is generally not malicious in nature. Furthermore, it often—but not always—stems from organizational dysfunction rather than an individual worker’s lack of care.
The most common reason for the neglect of nursing home residents is understaffing. This problem often stems from facility owners and managers wanting to save money without concern for how prioritizing personal profit might impact their residents. Even if every staff member wants to provide the best possible quality of care for every resident, too few workers covering too many residents will almost always lead to residents being neglected.
Insufficient Hiring Processes
Similarly, some nursing homes fail to perform background checks as part of rigorous hiring processes. This can lead to nursing homes being staffed with people who are not qualified to provide proper care or even people with a history of elder abuse or other criminal behavior.
Lack of Training
A lack of training for qualified hires could also lead to neglect in various forms, as well as potentially harmful mistakes like giving a resident the wrong medication or misusing restraints. Regardless of the specific cause of the neglect, a San Diego lawyer can help address the issue.
Common Types of Nursing Home Neglect
Nursing home neglect in San Diego facilities often results in a resident not receiving necessary food, water, or clean living conditions. However, beyond neglecting to fulfill a resident’s basic physical needs, a negligently run nursing home might also deprive residents of social, religious, and political opportunities, which they have a right to enjoy under state and federal law.
Neglect of a resident’s medical needs can also result in serious harm, especially if it leads to a resident not getting timely care for an urgent medical problem or not properly managing a chronic condition. Sometimes, neglect can even be as simple as a staff member forgetting to regularly check in on a resident to ensure they have not fallen, gotten hurt, or wandered away from nursing home property.
Discuss Legal Options for Nursing Home Neglect with a San Diego Attorney
No matter the circumstances that lead to nursing home neglect, any action that constitutes a violation of any residents’ rights could serve as the basis for a lawsuit or settlement. The first priority should be to protect neglected residents from immediate danger and ensure their physical and emotional needs are met.
A skilled lawyer can help you and your family address neglect in a San Diego nursing home and protect your loved one. Call our office today to learn more.