Nursing Home and Elder Abuse Cases
No one really knows how many of our vulnerable elderly are being neglected, abused or exploited because such actions are easily hidden from view and underreported.
What is clear is that abusers can be caregivers, assisted living facilities, nursing homes, home health care agencies, family members, spouses, and that the frequency of nursing home and elder abuse will undoubtedly increase over the next several decades, as the population ages.
Intentional or neglectful actions and the failure to act so that an elderly person (or an adult who is unable to care for him/herself), is hurt by a caregiver or family member who has a trust relationship with the elder - may be "elder abuse".
Sadly, elder abuse is so common in nursing homes that nursing homes and elder abuse have become synonymous. If you or someone you love has been affected by elder abuse, it is vital to have a lawyer to fight for you and rectify what was done wrong. If you or a loved one has been suffering from elder abuse, contact our law firm Heimberg-Barr, LLP.
Common Types of Nursing Home And Elder Abuse
The experienced lawyers at Heimberg Barr handle cases in which the abuser is a nursing home, a bed and board facility, an assisted living facility, a hospital or some other institution. The most common forms of nursing home or elder abuse are:
- Physical abuse, which in addition to slapping, hitting, punching, kicking, beating, burning, scratching and pinching, also may include force-feeding, inappropriate use of drugs or physical restraints, or withholding necessary care;
- Sexual abuse, including unwanted touching, harassment, rape and other acts either unwanted or the elder is not capable of giving consent;
- The refusal or failure to provide the services – including therapy, medicines and care – an elder (or dependent adult), needs, as well as understaffing.
Be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. If you or a loved one are a victim of elder abuse, It is in your and your family member’s best interest to speak to an attorney as soon as possible.
Why Heimberg Barr
Dr. Steven Heimberg possesses a very rare and dangerous (for his opponents) background. He is a medical doctor as well as a lawyer. This allows him to recognize the full extent of medical issues resulting from injuries suffered in nursing homes or due to elder abuse, uncover hidden facts, decipher complicated medical records, recruit top medical experts, and simplify and communicate the full impact of life altering injuries to juries so that they also understand and can award just damages.
Dr. Heimberg and the Heimberg Barr attorneys have decades of experience facing down insurance companies and their lawyers. They know the medical and legal issues inside and out and they know how to hold insurance companies accountable. They know what it takes to get insurance companies to do their job and pay claims that should be paid. That knowledge combines with a passionate commitment to justice and a rigorous work ethic to form the foundation on which Heimberg Barr is built.
Reasons to File a Case
Abuse of the elderly or those in dependent care, of any type, is a despicable act, especially when it is done by professionals who have been paid to care for your family members and who hold themselves up as trusted, expert guardians.
Additionally, bringing a claim against an individual or organization that has breached this trust helps prevent not only future abusive bad acts by them, but sets an example for other organizations and their employees. In some cases, claims for abuse bring abusive conditions to the attention of the management of a facility or corporation they may not have been aware of and forces them to make changes to prevent future abuse.
You or your loved ones not only deserve to be compensated for your or their pain and suffering and the loss of enjoyment of life, but, most importantly, you or they deserve to be free from abuse and any new financial hardships you or they encounter. You or your loved one may have mounting medical bills or need to hire help to assist with care. Payment for your or a family member’s injuries or for the unnecessary death of a loved one is often critical to your and your family’s future.
Yet, in most cases, you or your loved one will face an army of lawyers, an entire department at an insurance company, and the resources of a mega-corporation fighting against you to avoid providing you the money you desperately need. In other words, their whole focus is to avoid claims or to settle with you for the least amount of money possible.
Having experienced, effective counsel on your side such as an expert attorney at Heimberg Barr to review the facts of your claim as quickly as possible is your best defense.
Contact Us for a Free Consultation
If you or a loved one is a victim of nursing home or elder abuse, contact us today for a free consultation with one of the best lawyers in California.
Courts and the law limit the amount of time you have to file a claim. Over time, memories fade and evidence may be lost or destroyed, making it more difficult to pursue a case if time is wasted.