Attorneys for Nursing Home Neglect and Abuse
Californians expect the highest standard of excellence and professionalism from nursing homes and the staff that care for our elderly and disabled loved ones. State law aligns with these requirements, and nursing home facilities and their staff are obligated to abide by the law. These parties have a legal duty to provide adequate and reasonable care to the people they care for. Unfortunately, many assisted living centers and nursing homes alike are underfunded, understaffed, and very poorly managed. This leaves many vulnerable people exposed to abuse and neglect from the very establishments set to care for them. If your loved one has been injured or has died as a result of negligence from one of these establishments, contact an experienced attorney who will pursue aggressive legal action against the negligent party. With many years of dedicated legal experience, the Moga Law Firm is prepared to advocate on your and your family’s behalf.
The Moga Law Firm is highly qualified in nursing home neglect and abuse cases. The law firm takes great pride in providing a voice to those who have suffered the consequences of nursing home neglect and misconduct. Dedicated to advocating on behalf of vulnerable victims who suffer greatly at the hands of wrongdoers, the Moga Law Firm is prepared to take aggressive action against the negligent party. The law firm proudly helps victims and their loved ones obtain the monetary compensation they deserve from unscrupulous facilities. Consider contacting the Moga Law Firm today to schedule a no-obligation consultation.
State Laws on Nursing Home Abuse and Neglect
Under state laws, victims have a variety of options when addressing abuse in a nursing home establishment. This includes filing a report to the California Department of Aging or even filing a police report. Still, some of these alternatives do little to aid the victim in recuperating from his or her grievances and losses. In order to obtain monetary compensation for the physical harm sustained from the misconduct of a nursing home staff or establishment, the victim or a representative must file a case against the establishment itself.
Based on the Elder Abuse and Dependent Adult Civil Protection Act, the victim can recover monetary damages, including attorney’s fees when it can be established that the facility engaged in:
- Neglect,
- Physical abuse, and/or
- Financial abuse
In order to win a claim against the nursing home facility, the following elements must be established:
- Duty of Care – The facility had a responsibility to provide reasonable care to the victim, based on the circumstances. The duty of care may be established in a contract or other agreement between the facility and the affected resident. The legal obligations, however, can also be included in the state’s law on the licensing provisions for healthcare facilities.
- Breach of Care – The claim must demonstrate that the establishment breached its legal duty of care through:
- Negligence,
- Oppression,
- Carelessness,
- Malice, or
- Fraud
- Causation – It is unequivocally important to demonstrate a connection between the violation of the duty of care and the injuries sustained by the facility’s resident. It is necessary to prove that had it not been for the wrongdoing, the victim would not have been harmed. It is not enough to demonstrate the victim’s injuries.
- Damages – Finally, it is necessary to demonstrate that the victim sustained losses as a result of the facility’s wrongdoing, for which the victim will be entitled to monetary compensation.
File a Claim with a Trusted Nursing Home Abuse Attorney
When a loved one is placed in a nursing home, it is reasonable to expect the facility to work with utmost professionalism and respect toward the resident. Unfortunately, many facilities place those who are most vulnerable at risk of serious injury or death as a result of their negligence or intentional wrongdoing. If your loved one has suffered injuries because of a subpar nursing home environment, obtain the support of an established attorney who will aggressively pursue a claim against the negligent facility.
The Moga Law Firm is a law firm dedicated to protecting the most vulnerable. When a nursing home resident is subjected to exploitation, abuse, or neglect, the facility must pay the price for its wrongdoing. The seasoned elder abuse and neglect attorney at the Moga Law Firm will work tirelessly to ensure accountable parties are held responsible for their wrongdoings. Consider speaking to the compassionate and dedicated attorney, Scot T. Moga today. Complete the online contact form here to obtain a complimentary case evaluation.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
