Causes of Nursing Home Abuse in California

Nursing home abuse is a widespread problem both nationwide and in California. Statistics from the National Center for Elder Abuse (NCEA) estimate that one in 10 elder adults in nursing homes and other care facilities experience some form of abuse while a resident. One of the reasons that nursing home abuse is so prevalent is becasue there are a wide range of different causes and scenarios where abuse can happen.

Because nursing home abuse is so prevalent and can have devastating consequences on elderly residents, California law has several mechanisms in place to protect these vulnerable individuals. Even with these mechanisms in place, it’s important for families and loved ones to be vigilant and watch for signs of abuse or neglect in nursing homes. One of the easiest ways to do this is to understand the various causes of abuse.

Free Consultations For California Nursing Home Abuse Victims

At Maison Law, our team of experienced California nursing home abuse lawyers proudly stands with victims of nursing home abuse. We understand how helpless it can feel to see your elderly loved one be taken advantage of and abused by the very people that are supposed to be protecting and caring for them. That’s why we work so hard for our clients, helping them to hold these nursing homes accountable.

If you suspect your elderly loved one is suffering abuse at their nursing home, we can help you through the process of reporting it to the appropriate authorities, and help you understand your legal rights and options in the event of nursing home abuse.

To get started with a free consultation, contact us today.

What Is Nursing Home Abuse in California?

In order to understand the causes of nursing home abuse in California, it may be helpful to first understand how nursing home abuse is defined. While it may seem straightforward, nursing home abuse is actually covers a wide range of treatment. Generally speaking, elderly residents are in extremely vulnerable situations when they are residents in nursing homes, both because of their medical condition and the fact that they are usually dependent on nursing home staff members for care and assistance on a daily basis.

As a general definition, nursing home abuse is any mistreatment of residents that violates their basic human rights. This can include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Financial exploitation
• Neglect
• Abandonment
• Isolation
• Any treatment that causes physical or mental harm

Because it is such a serious issue, California’s government has significant resources into providing a legal framework of protection for elderly nursing home residents and also has regulatory and investigative arms that have full authority to handle abuse claims.

The California Department of Public Health (DPH) and the California Department of Aging and Adult Services (DAAS) are the two main agencies that are responsible for regulating and investigating claims of nursing home abuse. They also conduct on-site inspections to make sure that your elderly loved one is being properly cared for by the staff of their nursing home.

Legally, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) protects nursing home residents from abuse.  elderly or dependent adults to law enforcement or adult protective services. The EADACPA provides for civil remedies and criminal penalties for nursing homes or individual caregivers that engage in abuse, neglect, or exploitation of elderly or dependent adults.

Causes of Nursing Home Abuse in California

With a definition and legal framework in place regarding nursing home abuse in California, you can then move on to looking at the various root causes of abuse. Like any form of mistreatment, there are a wide variety of different factors that can cause abusive behavior. While most abuse in nursing homes happens between an elderly resident and their caregiver, the nursing homes themselves often create an environment that fosters, or at the very least contributes, to the abusive behavior.

Some common causes of nursing home abuse in California include:

• Understaffing – Nursing homes with inadequate staffing levels may struggle to provide adequate care to residents, leading to neglect and abuse. When a nursing home is understaffed, it means there are fewer care providers per resident. Often, this means these care providers are forced to take on more responsibilities, leading to burnout and decreased quality of care.
• Negligent hiring – When nursing homes fail to properly vet the credentials of the staff members they hire, it puts every resident at risk for abuse. Nursing homes are legally required to hire properly vet new hires through background checks and other credentials to make sure that they have the necessary training and education to care for residents. However, some nursing homes try to skirt around this process, which can lead to abuse.
• Poor supervision – Nursing home abuse is also caused by poor supervision of staff members. This is especially common in understaffed nursing homes, where there simply aren’t enough staff members to properly supervise all residents and there is very little supervision or oversight of the care providers themselves. This leads to a recipe for abuse of residents.
• Lack of training – Staff members may lack the proper training to provide quality care to residents, leading to neglect or abuse. This goes along with negligent hiring, but once onboard, the nursing home is required to properly and continually provide training to staff members.
• Physical and mental health issues – Residents with physical or mental health issues may be more vulnerable to abuse and neglect. Generally, these residents require more extensive care that can be difficult to apply when these other issues are in play.
• Substance abuse – Unfortunately, nursing homes offer easy access to powerful medications and other substances. For staff members who abuse drugs or alcohol on the job, abusive treatment of residents is usually a cause of this behavior.
• Financial exploitation – Nursing home residents are also extremely vulnerable to financial exploitation by staff members or outside parties. This is due to the fact that many elderly residents aren’t in a position to defend themselves from this type of abuse, as their physical and mental condition is such that they aren’t always aware of what’s going on around them.

If you suspect any of the above forms of abuse is going on, you should immediately report it to the appropriate authorities. Our experienced team of lawyers can help you understand your legal rights and options in the event that your elderly loved one is facing nursing home abuse.

Can Nursing Home Abuse Be Prevented in California?

Nursing home abuse is, unfortunately, never totally preventable. Because your elderly loved one is reliant upon the care and treatment that a nursing home provides, it means that there are simply too many opportunities for abuse to occur. This is especially true because of issues where the nursing home is inadequately staffed or not properly trained.

However, there are steps you can take to prevent nursing home abuse from happening, such as:

• Choosing a reputable facility with a good track record of resident care.
• Regularly visiting and observing the care being given to your loved one.
• Making sure all staff members are properly trained and qualified.
• Keeping an open line of communication with staff.
• Addressing any concerns of abuse immediately.
• Being involved in the development and implementation of your elderly loved one’s care plan.
• Reporting any suspected abuse to proper authorities.

At its core, nursing home abuse is a violation of not only California law, but the rights of your elderly loved one. While it can never be totally prevented, taking the above steps can make sure that your loved one, as well as other residents in the nursing home, are treated with the care and respect they deserve.

Contact Maison Law Today If You Suspect Nursing Home Abuse

No nursing home resident in California should have to suffer abuse from their caregivers or facility. Standing up for these extremely vulnerable victims is something that our team of experienced California nursing home abuse lawyers at Maison Law takes a great deal of pride in.

We have a proven track record of success in handling claims of nursing home abuse and can make sure that your elderly loved one is provided with a safe and healthy environment in which they can receive the care they need.

If you would like to schedule a free initial consultation with our office, contact us here.