California Elder Abuse Lawyer Blog

July 16, 2021

Does Your Loved One Need Memory Care?

Your loved one is having trouble remembering certain facts; they are disoriented and confused about a lot of details. It seems like they may have a condition beyond just aging memory issues and something more akin to developing dementia or Alzheimer’s disease. It’s worth investigating whether your loved one needs Memory Care and if so what to look for in a nursing home that offers this type of specialized care.

What is Memory Care?

Memory Care differs from regular care at nursing homes or assisted living facilities because Memory Care is specifically designed for individuals who suffer from Alzheimer’s or other types of dementia. Unlike an assisted living facility where a resident has enough independence to set their own schedules, (such as deciding when they will eat and when to engage in activities) a Memory Care facility is more like a nursing home in that the resident must have the staff manage their time and attend to their needs very closely.

July 9, 2021

What’s the Difference Between Personal Injury and Medical Malpractice?

By Walton Law, A.P.C.

Consider the following scenario: You trip and fall at the grocery store, which results in a broken leg. You want to get compensated for your health care costs and lost wages. You realize that you would want to consult with a personal injury attorney to assist you with a claim against the supermarket. But in this same situation, you receive medical care from a doctor who uses an incorrect surgical device which makes your injured leg require an additional surgery. While you’re in the hospital, you acquire an infection with the end result being an amputation of your leg. Suddenly, it occurs to you that you might need another type of attorney for your claim against the surgeon. You ask around and realize that you want someone who specializes in medical malpractice. Read on to understand the difference between personal injury and medical malpractice.

Personal Injury vs. Medical Malpractice

By being exposed to solicitations and legal advertising, many people realize that when someone experiences a physical or emotional injury due to another party’s fault, then they could pursue a claim under personal injury law and would seek this type of attorney. However, if that injury is the direct result of a medical professional like a physician, then you would consult with a medical malpractice attorney. Medical malpractice is a legal specialty under the umbrella of “personal injury law.” Thus, all malpractice lawyers are personal injury lawyers, but not all personal injury lawyers are malpractice lawyers.

July 2, 2021

5 Reasons Why Nursing Home Abuse is Frequently Unreported

By Walton Law, A.P.C.

For residents moving into nursing home facilities, there are a lot of things they must face when they move out of their own homes. Unfortunately, one of the things that they may encounter is abuse of various types, including physical, sexual, emotional, financial, and neglect. But one aspect of the abuse faced by seniors is that a lot of it remains unknown. Some studies indicate that as many as fourteen or fifteen cases of elderly abuse go unreported. Understanding why this happens isn’t simple, but there are possible factors that help to explain this phenomenon. Read on to learn about five reasons why nursing home abuse is frequently unreported.

Failure to Recognize Signs: Nursing home abuse isn’t always obvious, even to the victims. Many of the relatives and loved ones of nursing home residents aren’t familiar with the signs of abuse and thus, don’t take note of them when they occur. Even the nursing home staff may not properly identify the signs of abuse either because they erroneously associate the symptoms with the residents’ age, medical conditions, or cognitive issues, such as dementia or Alzheimer’s disease. This impacts the residents’ own perceptions of what happened to them and makes it difficult to describe the situation or in some cases, adequately recall the experience if they are suffering from emotional conditions, such as PTSD, depression, anxiety, or are disabled. While different forms of nursing home abuse manifest in multiple ways, there are various red flags to look out for. Watch out for the following indicators of abuse:

Bedsores;

June 25, 2021

What You Should Know about Wandering and Elopement in Nursing Homes

By Walton Law, A.P.C.

When you and your family make the decision to place your elderly loved one into a nursing home, you want to have the reassurance that they are safe. This is especially true when they suffer from a cognitive disorder like Alzheimer’s or dementia. You rely on the facility to monitor them and to always know what they are doing. But what happens when the nursing home staff isn’t keeping a close eye on their residents and they move around freely or actually wander away? Read on to learn about what you should know about wandering and elopement in nursing homes.

How Does it Happen?

Wandering or elopement in nursing homes occurs when residents walk throughout the facility or even more troubling- wander outside of the home. This usually happens as a result of inadequate care likely because the staff isn’t watching or monitoring the residents closely. For example, a nursing home resident with dementia could be confused and believe that they need to complete a task, such as taking out the trash. They wander around the facility to try to find the garbage and then continue looking for more trash until they can finish the job. At any time, a memory from the resident’s past can trigger them into action and the urge to leave the facility immediately. Meanwhile the staff members have no idea where this resident has gone. Specifically, this type of situation can stem from understaffing, improper training, or because the staff is not following protocol.

June 18, 2021

What are the Recoverable Damages in a Nursing Home Abuse Claim?

By Walton Law, A.P.C.

Being a victim of nursing home abuse is devastating for both the actual victim and for their family members. That is why it can helpful to the injured party to get justice when bringing an elder abuse claim against the nursing home where the abuse took place. Holding a wrongdoer accountable for their bad act(s) goes a long way in helping to right a wrong. There is also the matter of being able to recover compensation. While a victim might be hesitant to go through the sometimes emotionally exhausting experience of filing a lawsuit, (in addition to the time and money involved) it may help to know what to expect if you are able to prevail. There are a lot of concerns as to whether it is worth it to pursue litigation. Read on for important information concerning the recoverable damages available in an elder abuse claim in California.

Statutory Damages for Nursing Home Abuse

Elder abuse is illegal under California state law. If you’re a plaintiff in a lawsuit against the nursing home and you can prevail by showing that the nursing home violated any state or federal regulation, that is relevant to elder care or committed violations under the California Patients’ Bill of Rights, then you can pursue statutory damages.

June 11, 2021

Do I Have the Right to Work from Home?

By Walton Law, A.P.C.

After more than a year living in a pandemic, many workers have grown used to working from home (WFH) and want to continue doing so, even as the country begins to edge closer to more re-openings. However, with more people getting vaccinated and Covid-19 rates decreasing in many states, some employers are pushing for their employees to return to their worksites. What happens for workers who don’t want to return? Is there a legal right to work from home?

No Legal Right to Work Remotely

When public health orders are lifted and employees are cleared to return to the workplace, employers might have operational concerns to justify a distinction between essential and noncritical workers; they have the right to determine the worksite of any of their positions. Although people have been working from home to help slow the spread of the coronavirus, the pandemic does not change any existing labor laws.

June 4, 2021

Taking Legal Action for Unpaid Bonuses

By Walton Law, A.P.C.

California workers are entitled to receive fair compensation for all the work that they’ve completed. They rely and depend on this notion. It also includes the idea that any bonuses will be paid as they are earned. But what happens if your employer doesn’t honor this and won’t pay you for your bonuses? Read on to learn about taking legal action for unpaid bonuses.

Bonuses are not only significant because an employee should get everything that they are entitled to receive, but they also are an important part of the employee’s complete compensation package. It serves an integral function of helping employees making decisions about whether to continue employment with their company or whether to take a job in the first place. Generally, an employee can pursue legal action against their employer if the employer hasn’t paid them for their bonus.

Bonuses Based on Employment Contracts

May 28, 2021

What You Should Know about Being Compensated for Gym Injuries

By Walton Law, A.P.C.

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As more businesses continue to re-open in California as Covid-19 cases decrease and vaccination rates increase, you might be more willing to check out your local gym to lose some of the pandemic weight. But what happens if you suffer injuries at your gym? Read on for important information that discusses your legal rights and what you should do to get compensated for any losses you may have suffered at the gym with a personal injury lawsuit.

When you visit the gym, you expect that the premises will be clean, secure, and well-maintained; you also expect that the equipment is safe to use for your exercise needs. Fortunately, this is true most of the time. However, if a gym owner fails to maintain their gym and its equipment, then it can lead to major accident and serious injuries. If an individual suffers an injury at the gym, then they could have a potential legal claim against the owners of the gym, the gym, and the gym’s insurance company.

Types of Gym Accidents

May 21, 2021

Auto Insurance Requirements in California

By Walton Law, A.P.C.

California, (like many other states) has minimum insurance requirements which must be made before you can operate a vehicle legally. Under state law, you are required to have automobile insurance, and if you don’t, there are penalties for not having the minimum amount.

The way that almost all accident-related injuries are compensated is through liability insurance. Since California is an at fault state, the insurance company of the person whose negligence caused the accident is responsible for paying for the injured party’s damages; this is the reason that California requires auto insurance minimums.

Minimum California Car Insurance Coverage

May 14, 2021

Top Three Safety Issues Facing Nursing Home Residents

By Walton Law, A.P.C.

Nursing home residents are confronted with numerous safety issues while living in the facility. Although some accidents seem almost inevitable because nursing homes house mostly older people, there are ways to be proactive. Nursing home staff should have safety measures in place to deal with obvious problems, so that they can mitigate injuries and lessen the impact. If you have a loved one who is a nursing home resident, you will want to recognize their vulnerability and how you can help them. Read on to learn about top three safety issues facing nursing home residents.

Falls: This is one of the biggest concerns for nursing home residents. This shouldn’t come as a surprise because many individuals realize that falls are one of the main causes of fatalities for seniors. Ironically, getting help with moving around (to shower and bath, for instance) is one of the reasons that people move into nursing homes; they want to reduce the risk of falling. However, falls can still occur in nursing homes, due to negligent staff or poor design of the facility. Here are some things that you can check to see if the nursing home staff is doing their best to help prevent trips and falls:

Does the staff help the residents stay physically active, so they are less likely to fall?