$462,000.00—In an industrial accident, a female fell from a ladder fracturing her right cheekbone, as well as suffering orthopedic and head trauma.

$400,000.00—This involved a wrongful death at a rural railroad crossing. It was very difficult to prove fault by the railroad due to lack of client witnesses, with the railroad’s witnesses testifying that they sounded the horn a quarter mile away, with the train in full view. A further complication was the fact that Attorney Abarr’s client was the 14-year-old illegitimate son of a 68-year-old immigrant, and paternity was being challenged by the railroad.

$300,000.00—A five-year-old child sustained burns to the right ear, right shoulder and upper-right chest area. The defendants alleged comparative negligence on the part of the child’s parents. The settlement was the policy limit of the homeowner where the injury occurred.

$280,000.00—An automobile accident in the Czech Republic resulted in head trauma to the client; this wound up being an industrial recovery.

$275,000.00—Industrial case—a trip and fall in a hospital resulted in orthopedic injury to the lower back area.

What is Nursing Home Neglect?
Elder, disabled and dependent adults rely on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. Nursing home neglect laws encompass the federal and state governments that establish uniform standards for nursing homes to provide adequate care for the residents and ensure their protection and safety. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are recurrently being neglected and abused. Signs of nursing home abuse and neglect include: 

• Bed sores (pressure sores, decubitus ulcers)
• Burns
• Rapid weight loss
• Unexplained bruises
• Emotional withdrawal
• Malnutrition or dehydration
• Heavy sedation
• Inability of caretakers to explain patient’s condition

Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding). The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. Santa Ana personal injury lawyer Maurice L. Abarr has prosecuted many cases involving the abuse or neglect of the elderly and dependent and provides free consultation to any individuals who believe that abuse or neglect may have been committed.

What rights do nursing home residents have?
Federal and state regulations provide nursing home residents with various rights. Some of these rights are as follows:

(1) Residents have a right to know their medical condition and can participate in making decisions regarding their medical treatment.
(2) Residents, who were not appointed a guardian or conservator, are allowed to manage their own financial affairs.
(3) Residents are entitled to be told what extra services the nursing home offers and how much these services cost.
(4) Residents have a right to a safe, clean environment that is also comfortable.
(5) Residents have a right not to be abused in any way, including but not limited to, physically, sexually, mentally or through restraints and/or isolation.
(6) Residents are entitled to send and receive all mail unopened.
(7) Residents can associate and relate to others in a private matter.
(8) Residents have the right to participate in social and religious events.
(9) Residents are entitled to be given advanced notice if they will be getting a new roommate.

Is nursing home abuse usually limited to physiological mishandling?
No. Other forms of abuse can include the misappropriation of a resident’s funds or property, restriction of private phone calls or visits from family members and friends, restriction of visits from any state or local representative, noncompliance with the resident’s decision to allow or not allow visits from anyone other than medical/resident staff, restriction of the resident to move or change facilities (if the resident is not mentally capable of such a decision, the immediate family can intervene), restriction of a resident’s religious observations, and the unlawful eviction of a resident. Federal law requires that all care facilities provide a thirty day written notice and must document a legal reason for discharge such as failure to pay rent, specific medical treatment cannot be provided by said facility, etc.

Once abuse is determined, where and to whom should it be reported?
If you feel that a resident is in fact being abused, contact and notify the nursing home administrator immediately. Federal law requires administrators to report claims of abuse to state agencies, such as the Adult Protective Service Agency (APSA), in which investigators will be assigned to the case. However, if the resident appears to be in immediate danger, contact the police or any local hospital to have the resident removed from the facility until arrangements can be made with another care provider. Usually, the very report of abuse prompts the facility to immediately remove the abusive perpetrators, but if it is unclear who committed the abuse, more investigation is required, and the resident is better off being away from said facility.