Oakland Nursing Home Neglect Lawyer

When a parent or loved one is mistreated in a nursing facility meant to offer care and protection, it’s shocking and upsetting, and deciding what action to take can feel overwhelming. The Barnes Firm is here to help you understand what happened so you can make informed decisions to move forward. Our Oakland nursing home neglect lawyers explain what nursing home neglect looks like, how to identify the warning signs, and the steps we can take to pursue compensation and accountability for your family.

What is Considered Nursing Home Neglect?

Nursing home neglect is the failure to provide residents with basic care, such as food, hydration, hygiene upkeep, supervision, medication management, and timely medical attention. While these failures often result in harm to the resident, nursing home neglect differs from abuse, which involves acts intended to cause injury. Neglect involves the failure to provide necessary care and services, while abuse involves willful, deliberate action.

Neglect can trigger rapid decline, hospitalization, infection, or, in severe situations. Beyond immediate harm, nursing home neglect in Oakland often leads to cascading health complications, such as in the following scenarios:

• Failure to prevent pressure ulcers or allowing them to become infected
• Failure to take proper precautions to prevent aspiration pneumonia
• Failure to properly supervise residents, leading to fractures from preventable falls
• Inadequate hydration or nutrition leading to an acceleration of an overall decline in health

Some nursing home neglect cases involve medical malpractice, which occurs when licensed health care professionals deviate from accepted standards of care and cause harm. Our Oakland personal injury lawyers will fully evaluate the facility’s systemic failures and the clinical errors to pursue full accountability for all those responsible for the harm to your loved one.

Common Types of Nursing Home Neglect Our Attorneys See

Neglect can look different from resident to resident and often develops gradually. Knowing the forms of nursing home neglect can help you document issues early, advocate for better care, and, if necessary, hold the facility accountable for its negligence.

• Medical neglect: This form of neglect occurs when the facility fails to meet the appropriate standard of care by not adequately attending to or preventing medical issues. This includes care for diabetes, bedsores, infections, broken bones, cognitive disorders, mobility issues, and lacerations.
• Neglect of Basic Needs: When a nursing facility does not provide its residents with sufficient food or water, proper grooming, or a clean and safe environment, it neglects their basic needs.
• Neglect of Personal Hygiene: If a nursing home resident does not have adequate assistance with cleaning themselves, brushing their teeth, doing laundry, bathing, or other types of hygiene practices, the nursing facility is supposed to be taking care of this. If the resident is experiencing poor hygiene, this is a form of neglect.
• Social or Emotional Neglect: Unfortunately, in some cases, staff members at the nursing facility repeatedly ignore the nursing home resident, leaving them alone, yelling at them, or humiliating them for no reason. This kind of abuse can be traumatic for the resident, who depends on the staff members to be kind to them while they’re staying at the facility.

Our nursing home negligence attorneys in Oakland care about your loved one’s safety and comfort. Check in regularly, document concerns with dates and photos, and contact The Barnes Firm if you see these patterns.

Warning Signs of Nursing Home Neglect in Oakland

Neglect is not always immediately apparent. The signs might first appear as small changes in health, mood, or hygiene. If you notice any suspicious behavior or patterns, trust your gut. Raise concerns with the facility and document what you see, including dates, photos, and medication lists. Our Oakland nursing home neglect lawyers can help you evaluate next steps and move quickly to protect your loved one.

Physical Abuse & Neglect

Watch for injuries that don’t match the explanation or could have been prevented with proper care. Unaddressed hygiene or medical needs are also red flags.

Possible Signs of Physical Abuse:

• Unexplained cuts, wounds, or bruises
• Torn or bloody clothing
• Severe injuries, such as broken bones

Possible Signs of Neglect:

• Medications not administered, or administered improperly
• Soiled or unlaundered linens
• Unsanitary living conditions
• Signs of malnourishment or dehydration

Exploitation In Nursing Homes

Financial exploitation is a common, non-physical form of abuse that can be hard to spot at first. Keep an eye on unexplained charges or missing belongings, and act quickly if you suspect wrongdoing.

Common Examples of Exploitation:

• New accounts opened in the resident’s name
• Unexplained checks or credit card charges
• Theft of cash or valuables
• Forged signatures on financial documents
• Unauthorized withdrawals or transfers
• Identity theft

How Do I File a Nursing Home Neglect Claim in Oakland

Filing a claim is about protecting your loved one, stopping ongoing harm, and holding the facility accountable. Our Oakland nursing home neglect lawyers can guide you through each step, moving quickly so evidence isn’t lost and fighting relentlessly for the justice your loved one deserves.

After discovering your loved one is suffering from nursing home neglect, there are a few steps you can take to ensure the safety of everyone involved and preserve evidence.

1. Ensure safety and seek medical treatment, if necessary. Request a care-plan review and ask for a room change or increased supervision.
2. Document everything. Save photos, note dates and times, keep medical lists, and collect the names of staff members and witnesses.
3. Report your concerns. Raise concerns with the facility, and consider reporting to Adult Protective Services and the Long-Term Care Ombudsman for neglect in long-term care facilities in Oakland.
4. Speak with an attorney. Consult an Oakland personal injury lawyer at The Barnes Firm to learn about the next steps and time limits.
5. Investigation and evidence gathering. Your Oakland nursing home neglect attorney will thoroughly investigate your claims and collect supporting evidence. Evidence might include witness statements, photos, and medical records. Your lawyers will also analyze medical, nursing, and administrative policies and standards of care and consult with professionals to serve as expert witnesses.
6. File your claim. Your attorney prepares and files the complaint in the proper jurisdiction, following designated timelines.
7. Discovery. Both sides will exchange evidence. This may involve answering interrogatories, producing records, and taking depositions.
8. Negotiation and resolution. Most nursing home neglect cases resolve with a settlement agreement. However, The Barnes Firm is prepared to take your case to trial and fight relentlessly to help you get the best result possible.

The Oakland nursing home negligence attorneys at The Barnes Firm have extensive experience in representing nursing home abuse and neglect cases in California. We’ve recovered millions on behalf of clients and are committed to protecting the rights of senior citizens. Stand up for your loved ones by contacting our lawyers today at (800) 800-0000.

Oakland Nursing Home Neglect FAQ