Ontario Nursing Home Abuse Lawyer
Nursing home abuse is a heinous violation of the trust that families put into nursing homes and assisted living facilities. It is a terrible crime that can steal a senior citizen’s golden years, inflicting harm and injury when they should be relaxing and enjoying the rest of their lives.
If you or a loved one is a victim of elder abuse or neglect at a long-term care facility in Ontario, California, contact the nursing home abuse lawyers at Rose, Klein & Marias, LLP for a free consultation. We can help you seek justice and financial compensation for this wrongdoing.
Why Choose Rose, Klein & Marias, LLP for Your Nursing Home Abuse Case
- We have years of experience handling nursing home abuse cases and related lawsuits. Our Ontario personal injury lawyers have been serving elder abuse victims in California since 1936. We understand the nuanced legal issues involved in these cases.
- We can handle any elements your nursing home abuse case contains, such as a dangerous premises or the death of a loved one. Our track record of success includes a $13.225 million premises liability settlement and a $3.875 million wrongful death settlement.
- Our nursing home abuse attorneys in Ontario do not charge for their services unless they win the case and secure compensation for clients. We operate on a contingency fee basis, with $0 owed by our clients in upfront fees.
How Hiring an Ontario Nursing Home Abuse Lawyer Can Help You
A nursing home abuse lawyer in Ontario can provide critical support throughout the legal process. An attorney will conduct a comprehensive investigation into the nursing home abuse incident to collect evidence to support your case. This may include interviewing witnesses who saw the abuse occur and hiring subject-matter experts to testify.
Your lawyer will navigate nursing home abuse laws, including Residents’ Rights under federal law, and go up against a care facility on your behalf to fight for maximum financial compensation for your family’s related losses. Having a lawyer representing you can improve your case outcome, as elder abuse attorneys know how to aggressively negotiate with insurance providers for fair settlements.
What Is Nursing Home Abuse?
Nursing home abuse occurs when staff members, caregivers or medical providers at a nursing facility or assisted living facility intentionally or unintentionally harm residents. It can describe a nursing home staff member physically injuring a resident or causing psychological or emotional trauma. Nursing home neglect describes the failure of nursing homes to provide necessary care, including food, water and hygiene.
Warning Signs of Nursing Home Abuse
The mistreatment of a senior citizen in a long-term care facility can take many forms. The most common types of nursing home abuse are physical, emotional, psychological, sexual and financial. If you have an elderly loved one in a nursing home in Ontario, there are warning signs of abuse and neglect that you should look out for.
Common examples include:
- Unexplained physical injuries
- Frequent trips to the emergency room
- Fall injuries
- Bite or burn marks
- Cuts or severe lacerations
- Rope or restraint marks
- Torn or bloody undergarments
- Injuries to the genitalia
- Unkempt appearance or poor hygiene
- Pressure ulcers (bed sores)
- Infections and sepsis
- Signs of dehydration or malnutrition
- Personality changes
- Depression or chronic anxiety
- Isolation or withdrawal from others
- Signs of post-traumatic stress disorder
- Sudden decline in physical or mental health
- The abrupt or unexplained death of a resident
While these signs do not guarantee that elder abuse or neglect is happening, they are red flags that should be investigated further, as they may point to criminal abuse or negligence. Pressure sores, for example, are nursing home injuries that can result from improper care and ignoring a resident’s need to be moved or exercised regularly.
Your Legal Rights as a Victim of Nursing Home Abuse in Ontario
Nursing home abuse is a crime in California that can be prosecuted in the criminal courts, with potential penalties such as jail time for the guilty party. It is also a civil wrongdoing that can have consequences in the civil justice system. As a victim or the loved one of a victim of nursing home abuse in Ontario, you have the right to pursue justice by filing an insurance claim or personal injury lawsuit against the responsible parties.
Your rights as a victim of nursing home abuse include:
- The right to live in an environment that is safe and free from abuse and neglect.
- The right to report nursing home abuse or neglect to Ontario’s Long-Term Care Ombudsman program.
- The right to an unbiased, thorough and timely investigation of the incident.
- The right to take legal action against the nursing home and/or individual perpetrators.
- The right to financial compensation for economic and noneconomic losses.
- The right to legal advocacy and support.
Taking legal action against the nursing home facility for harm done to a nursing home resident could give the victim and his or her family financial justice. A successful claim or lawsuit could lead to compensation being awarded for related losses, including hospital bills and pain and suffering. If a senior citizen dies due to nursing home abuse, a wrongful death lawsuit could lead to funeral and burial cost reimbursement, as well.
What Is the Statute of Limitations on a Nursing Home Abuse Case in Ontario?
It is important not to wait too long to take legal action against a nursing home for the abuse or neglect of one of its residents in California. There is a state law known as the statute of limitations that places a strict time limit of two years from the date of the incident to file a claim, in most cases.
If the abuse is not discovered right away, however, the deadline is one year from the date of injury discovery. If a claim is not filed within the required amount of time, the statute of limitations runs out and the claim is “time-barred,” meaning it is no longer valid. This is why you should always contact an attorney as soon as possible.
Contact a Nursing Home Abuse Attorney in Ontario Today | Free Consultations
No senior citizen should ever have to live in a dangerous or abusive environment. If a caregiver or nursing home staff member in Ontario injured you or an elderly loved one, either intentionally or negligently, contact an attorney at Rose, Klein & Marias LLP for a free case evaluation.
We will listen to your story and we will believe you. Then, we will help you protect your rights. Our lawyers will review your legal options to determine the best way forward for you and your family. Contact us online or call (909) 581-9476 today to start with a free consultation.