Elder Abuse Lawyer – Sacramento

If you are concerned that your elderly loved one has become the victim of abuse at their nursing home, you should contact an elder abuse law firm Sacramento, CA has to offer from Yee Law Group Inc.. Far too many nursing homes in the United States have been shown to be negligent or even abusive when caring for their residents. If and when family members discover that their elderly loved one is being mistreated and harmed, extensive damage may already have been done. It’s not uncommon for abusive staff members to hide their actions and abuse which can make it difficult for loved ones to intervene immediately in all cases. When abuse or neglect is suspected, it’s important to remove the elder from the environment. It can also be beneficial to talk with an elder law attorney Sacramento, CA trusts who has years of experience handling cases that involve this area of the law.

Signs of Elder Abuse While in the Care of a Nursing Home

Our Sacramento, CA elder abuse law firm is all too familiar with the signs of elder abuse, whether the abuser is a staff member, fellow resident, visitor, or a member of the elder’s own family. And there are several types of abuse that the elder may suffer at the hands of another person. Common forms of abuse are financial, sexual, physical, and emotional. Neglect is another form of abuse. All are serious; all are unacceptable. The perpetrator, or perpetrators, should be held accountable for their behavior. Whether or not the appropriate law enforcement agency decides to file criminal charges, the family of the elder can pursue a civil claim. With the help of our Sacramento, California elder abuse law firm, the family can file a damage claim with the facility and if necessary, follow it up with a lawsuit. A settlement can ease the elder’s financial burden and make it possible to afford alternative care options. Here are some of the most common signs of nursing home abuse:

• Emotional withdrawal or pulling away from loved ones. This may be due to shame, embarrassment, or a very human reaction to abuse. The elder may also be concerned about worrying that their family members or they may mistakenly believe the family does not care about them.
• One or more bedsores. When an elder has limited mobility, it may be necessary for nursing home staff to turn them while in bed so that no area of their body is subject to having weight on it long enough to develop a bed sore. Bed sores are painful and subject to developing a life-threatening infection if left untreated. They will significantly worsen if the elder is not treated for it and turned in their bed on a regular basis.
•  A noticeable change in behavior. An elder who is being abused or neglected may react by becoming withdrawn, angry, sullen, anxious, depressed, or a combination of these behaviors.
• The elder makes unexpected or odd changes to their will or to whom they give the power of attorney. If the elder is being deceived, manipulated, or controlled by someone (and that someone may be another relative, a nursing home staff member, roommate, or a visitor) then they may grant that person power of attorney or designate them as an heir to their estate. They may be tricked into doing this or they may be pressured or threatened if they do not comply.

Consult an Elder Abuse Law Firm in Sacramento, CA Now!

If you would like to speak with a lawyer from an elder abuse law firm Sacramento, CA residents frequently rely on about taking legal action against a nursing home, call Yee Law Group Inc. today for a case review.

When an elderly person moves into a nursing home, there is a good chance that the facility will ask the elder or their family members to review and sign various documents. Patients and their families are often pressured into signing these documents, even if they don’t fully understand the more technical language that these documents contain. At Yee Law Group, our Sacramento, CA elder law attorney understands that pressure and understands how disconcerting it can be when patients and families discover that they have unintentionally signed certain rights away during intake. For example, many nursing facilities have patients and their families sign intake forms indicating that any legal problems will be handled via arbitration, not litigation. Nursing home arbitration agreements tend to protect the facility more than the elder. 

Should You Sign a Nursing Home’s Arbitration Agreement?

If you sign an arbitration agreement, you essentially agree that in the event of an issue that cannot be amicably resolved, you will take the conflict to an arbitrator. For example, if your elderly loved one is being physically abused, and you signed an arbitration agreement, you may find that it is difficult (if not impossible) for your Sacramento elder abuse lawyer to take the nursing facility directly to court. There could also be other rules that prohibit you from filing a complaint, or making your allegations public. 

Arbitration agreements generally never support the interests of the elder. In general, the elder and their family will have to cover the costs of the arbitration process which may be thousands of dollars. Perhaps the biggest benefit to arbitration agreements for the nursing home is the fact that, unlike in civil court records, there will be no public record of the situation. So, using the same example above, if your elderly loved one was abused, and you only settled through arbitration, the public will not find out about what happened. Arbitration is private and almost always protected by confidentiality agreements. The concern here is that a facility could have years of incidents, but when they only are resolved through arbitration, no one will know. If you have already signed an arbitration agreement though, please don’t panic. An experienced Sacramento elder abuse lawyer can help you determine whether you may be able to “get around” this provision. Alternatively, if you are ultimately compelled to submit to arbitration, a Sacramento elder abuse lawyer can advocate on behalf of your loved one’s interests during this process, so that it is as beneficial for your loved one as it can possibly be.

If your elderly loved one has been abused in a nursing home, and you signed an arbitration agreement. Please call a Sacramento elder abuse lawyer from Yee Law Group to explore your options. If the facility is covered by Medicare or Medicaid, it may be possible to argue a direct violation of certain Federal Regulations, which includes the right to access the civil justice system, occurred. There may be other legislation in place that could protect you and your elder from having to follow the facility’s rules for arbitration. All hope is not lost. Call our firm today so that we can help you find the best way forward.