Elder Abuse FAQ

How do I know if my loved one has been the victim of nursing home neglect or elder abuse?

It can be difficult to face the possibility that your loved one is a victim of neglect or abuse. Some of the signs are obvious, others less so. Knowing what to look for and what questions to ask can help you identify the signs of elder neglect and abuse. If your loved one develops bed sores, becomes dehydrated or malnourished, suffers a fall, appears to be living in unsanitary conditions, or otherwise experiences a decline in his or her overall level of functioning, he or she may be a victim of elder neglect or abuse. If you notice any of these signs and feel that something isn’t right, you should contact someone with expertise to help confirm if abuse has occurred.

How do I find out if I have a case?

First, we’ll ask you to share with us the reasons you believe your loved one has been the victim of negligence or abuse. Depending on the circumstances, we may refer your case for review by an outside expert. After the review is complete, we provide feedback as to whether or not we will be able to take the case.

How much will it cost for you to review the case?

We charge you nothing for the expert review. If there is no case, there is no cost to you.

Does a civil lawsuit make sense?

Nearly everyone who contacts us wants the same thing – to see the perpetrators of elder abuse held accountable. Unfortunately, public resources are stretched so thin that criminal prosecutions are rare, even in the most severe cases. The Department of Public Health  investigates complaints, but generally imposes fines that are insignificant to the large corporations that own and operate most nursing homes and assisted living facilities in California.

The best way to bring irresponsible long term care facilities to justice is through a significant financial recovery. Suing a nursing home for negligence or abusein civil proceedings allows you to prove in court that wrongdoing has taken place. In civil litigation, an attorney typically spends more time and resources pursuing a case than a criminal or regulatory litigator would.

How does an elder abuse lawsuit work?

Once we have agreed to pursue a lawsuit on your behalf, we will begin the discovery process. Numerous depositions are taken. Documents and other pieces of evidence are secured. Because of the financial stakes involved, corporate personnel within the nursing home or assisted living organization quickly become aware of the allegations.

How should I decide what attorney to hire?

Prosecuting a nursing home elder abuse case is a complex, time consuming, and expensive process. It’s crucial to have an experienced elder abuse attorney who specializes in nursing home litigation.

Moreover, Ed Dudensing has been representing exclusively victims of elder abuse for the last six years. The attorneys representing the long term care facilities will have experience and expertise in nursing home litigation; to counter that, you need an attorney with specific expertise in this area of law. You’ll also want to make sure your attorney has trial experience and sufficient staff and financial resources to handle your matter.

How can I help prevent elder abuse & neglect?

If you have a loved one in a long term care facility, it is critical that you involve yourself in his or her life and care. Do not assume that your loved one will receive good care because he or she is in a 24 hour facility. Do not blindly trust nursing home employees because they are supposed to be professionals. Being actively involved in your loved one’s care is the best gift you can provide.

Report an Injury Now: If you or a loved one suspect nursing home neglect or elder abuse, please call us for a free, private case evaluation at 916-448-6400, submit a contact form.