Nursing Home Neglect


The Nursing Home Neglect and elder abuse attorneys at the Law Offices of Ben Yeroushalmi are passionate defenders of the rights, health and safety of elderly and dependent adult residents of California nursing homes and residential care facilities. Our team of aggressive nursing home litigators and trial lawyers passionately pursue each Elder Abuse and Neglect action with vigor and a sense of personal involvement.

We are at the forefront of the battle to protect elderly Californians from deplorable injuries such as bedsores, dehydration, malnutrition, infections and falls. If a nursing home injury has led to the death of a loved one, our nursing home litigators are experienced in representing surviving family members in wrongful death actions. Contact us today to schedule a free consultation. We will even come to your home or hospital. We take pride in fighting relentlessly to hold all culprits of elder abuse and neglect accountable.

Nursing Home Neglect can occur in a variety of instances. The Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA” or “Elder Abuse” Act), codified under California Welfare and Institutions Code section 15600 et seq, provides the following definition of Elder Abuse:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; and (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

The Elder Abuse Act goes on to provide the following examples of “Neglect”:

(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; (2) Failure to provide medical care for physical and mental health needs; (3) Failure to protect from health and safety hazards; and (4) Failure to prevent malnutrition or dehydration.

Most problems suffered by Nursing Home residents are tied to one common denominator-understaffing. Staffing problems stem not only from insufficient or short staffing, but also through care provided by nurses in areas in which they are not properly trained or qualified.

Some common nursing home injuries include decubitus ulcers or pressure sores, falls, abuse (sexual or physical), dehydration & malnutrition, and spread of infections. Residents also often suffer a deprivation of their dignity rights when, for example, they are exposed to unsanitary conditions. Unfortunately, some cases of pervasive neglect and abuse lead to the death of a resident, which may result in a Wrongful Death action. Most injuries and instances of death suffered by residents of nursing homes are often times a result of a violation of the Patients’ Bill of Rights, which every Skilled Nursing Facility in the State of California obligates itself to abide by in its admissions agreement.

In some cases, the neglect of the nursing home staff can lead to the need for an otherwise avoidable amputation. There are also many instances of preventable falls resulting in bruises, broken bones and other serious injuries that could have been avoided by proper supervision and care. Aside from physical abuse and neglect, elder abuse often occurs through financial abuse by caretakers, nursing home staff, relatives or unscrupulous individuals who target the elderly to spirit away their assets.

Regardless of the determining deficiencies within each facility that give rise to such abuse and neglect, you and your loved ones deserve to be free from such suffering. Mr. Yeroushalmi strongly believes in the notion that one way to judge a society is by how it treats its sick, old, and bed-ridden. It is the responsibility of the nursing home and their staff, therefore, to provide the best possible care to you and your loved ones. And when they fail to do so, it is our privilege and responsibility to step in and protect you, and to hold all culprits responsible for your avoidable suffering.

If your loved one is a victim of Nursing Home Neglect or Elder Abuse, or you suspect your loved one’s suffering is due to such neglect or abuse, please contact us immediately. We will fight relentlessly for you and your loved ones to provide you with the vindication you deserve. We will get you the maximum value for your case, and we will take your case to trial if necessary. If there is no recovery, there is no fee.