Nursing Home Negligence
Biggs Law Office A.P.C., will evaluate your case.
Incidents of neglect or abuse involving nursing home residents are not as widely reported as they should be, and often they are devastating. Elderly people are especially vulnerable and dependent on those around them. This also makes elderly people vulnerable to financial abuse and undue influence when an elderly person may be persuaded to make an unnatural disposition out of their financial estate. When this happens, San Francisco nursing home negligence lawyer Michael S. Biggs of Biggs Law Office A.P.C. is ready to aggressively fight for their rights. As a personal injury attorney, he is a compassionate victim advocate and a tenacious trial lawyer who is dedicated to serving people who have been oppressed or mistreated. Michael knows how to help seek the justice that you deserve after a loved one or you have suffered traumatic harm.
Contact us now to have your case evaluated and find out what your rights to compensation may be. We offer a fast response and flexible office hours. We look forward to representing you.California Nursing Homes Owe Their Residents a Clear Duty of Care
There are a wide variety of rules and regulations that apply to nursing homes in California, including basic public health licensing and certification requirements. Despite the regulations governing these facilities, there are still many incidents of residents suffering from neglect or even intentional abuse at the hands of the health care professionals and aides who are meant to keep them safe and healthy.
California has recognized four main requirements that nursing homes in the state must heed. First, they must help a resident achieve and maintain optimal mental and physical health. Second, they must ensure that any conditions that the resident already has do not become worse, unless this is inevitable from a medical standpoint. Next, the facility must provide ways for residents to improve and maintain their health, including offering therapies and treatments. Finally, facilities must provide these treatments and therapies only to the extent that they do not conflict with the patient’s right to choose. If any of these requirements has been violated, a nursing home negligence attorney in the San Francisco area can help you hold a facility accountable.
Additional requirements that California nursing homes must follow include providing minimum standards of food and nutrition, taking into account a patient’s special dietary needs or restrictions. They must provide assistance at mealtimes to residents who may not be able to feed themselves. Also, nursing homes must ensure that each patient receives a certain level of assistance with daily care and hygiene, including dressing, bathing, and handling other personal needs. Maintaining clean and dry skin and replacing bed linens is especially critical for patients who have limited mobility to prevent bed sores and other painful skin conditions from occurring. When it comes to medical care, residents of nursing homes have the right to seek a physician of their choosing and to receive supervised care from that physician.
As further evidence of California’s commitment to protecting nursing home residents, the state enacted the Elder Abuse and Dependent Adult Civil Protection Act in 1990, which allows nursing home residents who suffer from abuse and their families to recover punitive damages from a facility. Punitive damages are a separate category of damages intended to punish a defendant that engages in particularly egregious, intentional, or reckless conduct. The statute defines abuse broadly to include physical harm, financial abuse, emotional abuse, and mental abuse. According to this standard, failing to provide appropriate medical care or engaging in more overt acts of harm like isolation and intimidation are unlawful.Hire a Nursing Home Negligence Lawyer in San Francisco or Surrounding Communities
At Biggs Law Office A.P.C. there is nothing in which we take more pride than fighting for people who have been mistreated or oppressed. Personal injury and wrongful death lawyer Michael S. Biggs understands what you are going through and is not afraid to stand up to large bureaucrats, businesses and insurers on behalf of ordinary people. Our Office is located in Walnut Creek, and we can represent nursing home negligence victims and their families San Francisco, Contra Costa, Alameda, Sonoma Napa and Solano Counties.
To schedule a consultation with a San Francisco Bay Area nursing home negligence attorney, call us now at 925.933.1300 or contact us online to get started.