San Diego Elder Abuse and Nursing Home Abuse Lawyer
Although senior citizens are some of the most respected members of society, they are also unfortunately some of the most vulnerable. Many of our elders are common targets for intense abuse—whether it’s at a nursing home facility, in a hospital, or even in the comfort of their homes.
If your loved one has been a victim of elder abuse, please contact Joel R. Bryant today to discuss your case. He is one of the first attorneys to specialize in elder and nursing home abuse in San Diego, and he will fight for your loved one’s right to fair compensation for their damages.
In Their Own Words
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"Mr. Bryant and his staff were always available to answer our questions and concerns."Eugenia A.
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"Joel used creativity and attention to details of complex corporate matters to move the case to settlement within six months of filing."Robert H.
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"They were very professional, honest, compassionate, and supportive."Brent R.
Why Choose Joel R. Bryant?
Joel R. Bryant is one of San Diego’s top litigation attorneys specializing in elder law.
- Known as the California Elder Abuse Attorney, he has extensive experience helping those over 65 who are victims of abuse in nursing homes, hospitals, and other troubling situations.
- He understands the urgency of your situation, so he works quickly to provide fast, efficient legal help and compensation as soon as possible.
- He represents most clients on a contingency fee basis, meaning there are no upfront costs, and you are only obligated to pay for his services if he secures a favorable verdict or settlement on your behalf. If he doesn’t win, you don’t have to pay.
What Is Elder Abuse?
Elder abuse is any harm or neglect imposed upon an older adult, typically over 65 years old. This harm can be in the form of physical harm, but it also can occur in the form of financial harm via fraud or exploitation.
Elder abuse typically occurs because, as adults get older, they are less able to take care of themselves. As they get weaker, they often require assisted living care, either by nursing home facilities, hospitals, or at-home care by loved ones. It is during this period that they are most open to mistreatment, as attempts to take advantage of them may be met with minimal resistance.
Types of Elder Abuse
It is important to note that elder abuse does not always mean physical harm —that is just one type of elder abuse. Some of the most common types of elder abuse includes:
- Physical abuse. This is the use of physical force to cause injury or harm to an elderly person. Unfortunately, due to the frail state of many senior citizens, even “minor” cases of physical abuse can lead to serious injuries that have the potential to endanger their lives. Unfortunately, physical abuse often occurs due to a caretakers’ frustration with the elder, perhaps due to their necessity for more demanding care. This should never be an excuse, however, to inflict injury and harm on someone.
- Sexual abuse. Unfortunately, sexual abuse and assault of elderly is an all-too-common problem that occurs in nursing homes and other long-term care facilities. Elderly persons are unfortunately weak and defenseless, so they are unable to resist against sexual predators. Those who are especially weak or have mental ailments have a higher likelihood of being a survivor of sexual assault.
- Financial abuse. The elderly are susceptible to financial abuse, in which they are exploited for any wealth or assets they may own. Someone (usually a family member) will force an elderly person to sign documents to grant power of attorney, which allows them unrestricted access to all of their finances and investments.
- Abandonment & neglect. The neglect of an elderly person also constitutes as abuse, especially in cases involving nursing homes. Ignoring an elderly persons’ needs for proper nutrition, care, and medications can significantly impact their health, causing illnesses and other complications that may be fatal.
Uncovering Elder Abuse & Neglect in San Diego
It can unfortunately be incredibly difficult to uncover abuse and neglect in nursing homes, hospitals, and in other living facilities. Many of them have debilitating physical or mental disabilities that prevent them from accurately conveying their experiences to their loved ones. Here are some common signs that may indicate your loved one is a victim of abuse and/or assault.
- Unexplained cuts, bruises, and other injuries.
- Sudden changes in mood. Many who have been abused may look depressed, anxious, or even fearful when asked about their experiences. Others may also be reluctant to communicate for fear of retaliation.
- Sudden loss of weight and poor personal hygiene.
- Elderly persons who are bedridden must constantly be rotated or turned in order to prevent bedsores due to lack of circulation. The presence of bedsores may indicate that any caretakers or nurses are not taking adequate care of their residents.
- Sudden changes in possessions, property, or financial accounts.
- Nursing homes who object to seeing your loved one or otherwise do not allow your loved one to be alone with you at any time.
Time Limit to File a Nursing Home Abuse Claim in San Diego
There are a few statutes of limitations that individuals need to be aware of when it comes to these cases. First, the personal injury statute of limitations in California is two years from the date an injury occurs. If an individual or their representative fails to file a lawsuit against the alleged abuser within this time frame, they will likely be unable to recover compensation.
However, if the nursing home abuse revolves around medical malpractice, the statute of limitations is one year after the plaintiff discovers or should have discovered the injury or three years from the date the injury occurred.
It is crucial for family members to file these claims on time in civil court. A skilled San Diego elder abuse attorney can get involved in these claims very early and fully investigate the situation. They will make sure that your case is filed on time and appropriately.
Types of Compensation Available for These Claims
If your loved one has been abused, either physically or emotionally, at the hands of a nursing home employee or as a result of systemic failures at a facility, we encourage you to reach out to an attorney as soon as possible. Joel R. Bryant Works diligently to recover various types of compensation on behalf of every client that he helps, including economic and non-economic damages:
- Coverage of any medical expenses arising due to the abuse
- The cost of stay at the nursing home facility
- The cost to relocate to a new facility
- Emotional distress damages
- Loss of quality of life damages
The total amount of compensation available to nursing home abuse victims will vary depending on the facts related to each particular situation. Some elements that can affect how much compensation is available include the severity of any injuries, the documented level of pain and suffering, insurance limitations of the nursing home, and more.
How Often Does San Diego Nursing Home Abuse Occur?
When we turn to data available from the National Council on Aging, we can see that around one out of every ten Americans over the age of 60 have experienced some form of elder abuse. There are some studies that show that as many as five million elders are abused each year in the United States. Unfortunately, this data is likely not completely accurate. There are studies that estimate that only one out of every 24 cases of elder abuse are reported to appropriate authorities.
Looking at this data, there is no reason for us to expect the statistics for San Diego and California to be any different than the rest of the country. There are many nursing homes located in our area, and it is crucial for friends and family members to be aware that abuse can occur at any of them.
You can go to the nursing home rating website available through Medicare to search local nursing homes. This website will give ratings based on health inspections, staffing, and quality of resident care measures. You will also be able to see if a nursing home has a verified case of abuse within the last year.
Consult With a San Diego Elder Abuse and Nursing Home Abuse Attorney
If you suspect that your loved one is a victim of elder or nursing home abuse, please consult an experienced lawyer in San Diego County as soon as possible. The sooner you contact a California nursing home abuse lawyer, the quicker you may be able to help them get out of a potentially fatal situation.
At the law firm of Joel R. Bryant, we aim to assist victims of elder abuse in Southern California as soon as possible. Once we have the details of the situation, we take action immediately towards litigation and compensation. This includes:
- Investigating your case, gathering any evidence that can substantiate your case
- Seeking out medical professionals who can help substantiate any signs of abuse
- Determining the value of your loved one’s claim
- Fighting for your loved one’s well-being in the courtroom
- Taking your case to trial if we are not satisfied with any negotiations or settlements
We understand that litigation and eventual compensation will never replace the pain and suffering experienced by your loved ones. However, it can help you and your loved one to seek the help necessary to make a full recovery. Additionally, our San Diego elder abuse lawyers pursue the maximum possible compensation to hold any negligent parties fully accountable for their despicable actions toward elderly persons.
