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Damages Available for Nursing Home Abuse in San Jose

— January 10, 2023

It is very hard to put a price on the mental and physical suffering an abused elderly experienced. It’s something most people cannot even think about.

San Jose, CA – Over the past few years, California has been rocked by several scandals involving nursing homes. There were allegations of fraud (milking Medicare and Medicaid for services never provided), neglect, and abuse, leading to injury or even death. Abusing a defenseless elderly is a vile crime and those responsible deserve to be punished for what they did.

If someone you love was injured or killed due to nursing home abuse or neglect, you must report the case to the local public health authorities. Also, file a complaint with the DA who will investigate the facts and bring criminal charges against those responsible.

Finally, look up experienced lawyers and file a civil lawsuit. Do not hesitate to seek the maximum damages available under California laws. It will still be too little for the suffering your loved one has been through. 

Types of damages you can recover in a nursing home abuse lawsuit

Your San Jose nursing home abuse lawyers will help you file a personal injury or wrongful death lawsuit against those responsible. You may be able to sue the facility, as well as nurses, aides, or doctors involved in the case. Here are the damages available in this type of lawsuit.

Economic damages

Let’s have a look first at personal injury claims. If your loved one was injured due to neglect or abuse, they will probably need medical care. All medical expenses must be covered, including hospital stays, rehabilitation treatments, at-home care, etc. Next, you may want to move them to a better facility. All related expenses will also be included in the letter of demand your California nursing home abuse lawyers will prepare.

If the resident died as a result of neglect or abuse, the family can recover funeral and burial expenses, as well as any medical expenses, if the deceased was hospitalized before their death.

Non-economic damages

It is very hard to put a price on the mental and physical suffering an abused elderly experienced. It’s something most people cannot even think about. Compassionate nursing home abuse lawyers are better equipped to deal with this part. They’ll look back at their past cases and search for legal precedents to decide what’s the most you can get in pain and suffering damages. And, rest assured, that’s what they’ll be going for.

Care for the Elderly graphic
Care for the Elderly graphic; image courtesy of geralt via Pixabay,

In California, there is no cap on pain and suffering damages, except for medical malpractice lawsuits, where the maximum you can get is $250,000. Even in such a case, caps can be waived if your lawyers bring proof of intent or gross negligence. 

Punitive damages

Under California laws, punitive damages may be awarded if the lawyers can present clear and convincing evidence of oppression, fraud, and malice. In a nursing home abuse claim, your lawyers will go for either oppression or malice. 

Oppression can be used if the facility infringed upon the resident’s rights, as guaranteed under state or federal regulations. Chief among those are the right to a safe environment, the right to adequate food, living conditions, and medical care. Above all, nursing home residents have the right to be free from abuse. 

If your loved one received substandard medical care, was injured during a medical procedure, or had their medication withheld or tampered with, you may need to talk to medical malpractice lawyers as well. 

California does not cap punitive damages, so your lawyers can for as much money as they see justified. 

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