Are You or a Loved One Suffering From Hospital Abuse?
Our Orange County Hospital Abuse Lawyers Will Help You Seek Justice
If you are admitted to a hospital, then you should expect to receive quality medical care. However, many patients are physically and sexually abused by doctors, nurses and other hospital staff. While most medical professionals treat patients with respect, acts of negligence can occur at any moment. Patients who are hospitalized for long periods of time typically have physical limitations that leave them vulnerable to abuse. You could be sedated by anesthesia or other drugs and have a medical professional take advantage of your weakened state. If you have a mental or physical disability, then your risk for hospital abuse is even greater. However, California hospitals are charged with the highest duty of care. An experienced Orange County hospital abuse attorney will hold them accountable for any negligent behavior and help protect future patients from physical harm.
With over 59 years of combined experience, our attorneys have handled a wide variety of hospital abuse cases. We understand that physical and sexual abuse are particularly painful events that are difficult to litigate. However, our attorneys will work hard to uncover evidence that bolsters your case. We will use the strict laws governing California hospitals to your advantage and help you achieve a favorable outcome. At Ramey Law, P.C., our attorneys know that many hospital abuse victims are unable to pursue litigation. Sometimes your loved ones are forced to file a lawsuit on your behalf. We will work with you or your loved ones to hold the responsible parties accountable. Our hospital abuse lawyers will fight for victims of physical and sexual abuse and ensure that proper retribution is given.
What Are the Rights of Mentally Disabled Patients Seeking Treatment?
Although mentally disabled patients typically require more medical care, they have the same legal rights as everyone else. Under the Welfare and Institutions Code (W&IC) section 5325.1, a mentally disabled person must receive formal treatment services. The treatment must “promote the potential of the person to function independently.” It cannot restrict the personal liberty of the patient and must be humanely administered. Mentally disabled patients also have “a right to be free from harm.” This includes “unnecessary or excessive physical restraint, isolation, medication, abuse or neglect.” It is important to know that medication cannot be improperly administered or used as a punishment by hospital staff. If you are being abused by medical professionals, then you should consider holding the hospital or mental health facility accountable for their misconduct.
Along with the rights of mentally disabled patients, people involuntarily detained for evaluation or treatment have guaranteed rights. The W&IC section 5325 states that you have the right to “refuse convulsive treatment.” This includes insulin coma treatment and any treatment that “depends on the induction of a convulsion.” You also have the right to “refuse psychosurgery.” This includes lobotomies, psychiatric surgery and behavioral surgery. You can also refuse brain surgery if medical staff are using it to modify your thoughts or alter your normal brain function. While medical professionals can deny certain rights based on good cause, they must have a legitimate reason for doing so. If a staff member chooses to deny you your rights, then he or she must document what happened. Our attorneys know to look through your treatment record when investigating potential abuse and will examine every possible scenario.
How to Report Orange County Hospital Abuse
While hospital abuse victims range in age, dependent adults and elders are particularly vulnerable to physical violence in hospital settings. If you have knowledge of hospital abuse, then you can report it to law enforcement, adult protective services or licensing agencies. For abuse at a long-term health facility, you should contact your local long-term care ombudsman. The California Department of Aging (CDA) has a list of every local long-term care ombudsman in the state. You can find your local long-term care ombudsman and report the alleged abuse. For abuse at a licensed health facility (nursing home or hospital), you should report the incident to the California Department of Public Health (CDPH). They will investigate your claims and issue a report on the incident. At Ramey Law, P.C., we will work with the appropriate law enforcement agency to ensure that your claim is fairly handled.
Abuse can also occur at licensed community facilities such as a group home. If you witness abuse at a group home, then you should call the Community Care Licensing Division (CCLD) Hotline. For elder abuse occurring in jails, you will need to contact the Office of the Inspector General (OIG). Our attorneys know the contact information for each individual office and can help you reach out to the correct organization. By reporting the incident, you are helping create documentation of the abuse. This makes it easier to achieve the best possible outcome for your case. Our attorneys have access to expert witnesses that will testify on your behalf and help corroborate your story.
Witnessed Hospital Abuse? Contact Our Orange County Hospital Abuse Lawyers Today
Often times, victims of hospital abuse are unable to defend themselves. They may not have the mental or physical capacity to contact an attorney or retain legal counsel. By contacting our hospital abuse lawyers, you are helping your loved one fight for his or her rights. We will work hard to obtain reasonable financial compensation that helps him or her maintain a safe and proper lifestyle.
If you or a loved one have suffered from hospital abuse, then contact Ramey Law, P.C. today at (310) 988-2400 and schedule a consultation. You can also contact us online and tell us about the alleged abuse. We promise to look into the incident and will answer all of your burning questions.