Nursing home abuse is a very serious issue and it is important to take action if you suspect a loved one is being mistreated. When you have suspicions or proof that your elderly loved one is being abused or neglected in their California nursing home, there are a number of different actions you can take to make sure their treatment is corrected. One such action is to file a formal complaint of nursing home abuse with the proper authorities.
Filing a complaint against a California nursing home can be difficult and overwhelming, but with the right guidance and resources, it is possible to ensure your complaint is heard and taken seriously.
Experienced California Nursing Home Abuse Lawyers
At Maison Law, our team of experienced California nursing home abuse lawyers can help you through the entire process from start to finish. Through our experience and knowledge of the various rules and regulations of California law, we have developed a proven system of helping our clients and their elderly loved ones hold nursing homes accountable. If you would like to explore your legal options in the wake of nursing home abuse, contact us today for a free consultation.
Nursing Home Abuse in California
Nursing home abuse in California is a serious issue that affects thousands of elderly residents every year. Data from the California Office of the Attorney General estimates that there are over 400,000 elderly people that live in nursing homes or other care facilities in California.
Obviously, this data shows that there are a number of opportunities for nursing home abuse to take place in California. However, one of the complicating factors that surround nursing home abuse is that it can be difficult to detect. Even with legal mechanisms and public awareness of the issue on the rise, many nursing home residents and their loved ones may not be able to recognize abuse when it’s happening. That said, there are always markers for nursing home abuse in California. These include:
- Unexpected or apparently unnecessary medical treatment or equipment
- Excessive diagnostic testing
- Caregivers’ inability to explain the elder’s condition or treatment
- Unexplained weight loss
- Pressure sores, bruises, or fractures
- Soiled clothing or bedding
- Malnourishment or dehydration
- Unsanitary living conditions
- Sudden changes in behavior, withdrawal from social activities, or isolation imposed by the caregiver
- Presence of a caregiver who is verbally aggressive, uncaring, or demeaning
- Appearance of a sexually transmitted disease or trauma
Recognizing nursing home abuse is the first step in putting a stop to it. However, the other crucial part of the equation is actually filing a complaint against the nursing home. In order to do that, there are procedures in place that will be helpful to understand.
Filing a Complaint Against a California Nursing Home
Filing a complaint against a California nursing home can be intimidating, but it is possible to do so if you are knowledgeable and persistent. Procedurally, there are a few different agencies that have the authority to investigate complaints of nursing home abuse in California.
The main agency that is responsible for investigating complaints of abuse in California is the Department of Public Health’s (DPH) Licensing and Certification Program. They are responsible for not only receiving and processing complaints of abuse, but investigating them as well. The process can sometimes be daunting, but they generally proceed in the following way:
- Document evidence – Any complaint of nursing home abuse relies on evidence. As such, you will want to carefully document the details of the abuse or neglect you are alleging. This documentation should include any relevant evidence, such as:
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- Photos
- Videos
- Medical records
- Witness accounts
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Additionally, make sure to include the exact location of the nursing home, the name of the involved parties, and the dates of the incident.
- Contact the DPH – Once you’re ready to actually file the complaint, you’ll need to contact the DPH. You can submit your complaint using the online form available on their website, by mail, or in person at your local DPH office.
- Follow up – Once your complaint is filed, it’s important to remain patient and persistent. The process of filing a complaint can take time, and you may find yourself facing obstacles along the way. Be sure to keep track of any correspondence you have with the DPH, as well as any other relevant parties.
Once your complaint is received, the DPH will launch its investigation of the nursing home. Their investigators will gather evidence through witness interviews and on-site inspections of the nursing home. If they determine that nursing home abuse is indeed occurring, they have the authority to issue protective orders for residents and levy fines against the nursing home for violating state regulations.
While an investigation into nursing home abuse is one of the administrative remedies available, sometimes it only amounts to a slap on the wrist for a nursing home or caregiver. In these situations, you may need to take further action. One of the ways you can do that is by consulting with our team of experienced California nursing home abuse lawyers.
How a Lawyer Can Help With a Nursing Home Abuse Claim in California
In California, there is no legal requirement that you need to have a lawyer represent you or your loved one in a claim for nursing home abuse. However, having the representation of an experienced nursing home abuse lawyer can make the process much easier.
Every claim of nursing home abuse is unique and has its own set of circumstances. Therefore, it’s important to understand that not every complaint of abuse that is made to the DPH is able to be substantiated. However, through our experience, we can not only can we help you file your complaint with the DPH, but we can also assist you in other ways to make sure your complaint is investigated thoroughly.
Not only that, but we have a proven track record of success in nursing home abuse claims. We have this track record because of our unyielding dedication to our clients, as well as a proven system of handling these claims. Our process includes the following:
- Investigating the claim – One of the first ways we can help you is by gathering and reviewing evidence related to the abuse. We know what to look for in medical records and eyewitness accounts that can confirm instances of abuse.
- Exploring legal options – With our expert knowledge of California nursing home abuse law, we can advise you on the best path forward. Whether that means filing the complaint with the DPH or going a step further and filing a lawsuit, we’ll make sure to stand up for your loved one’s rights.
- Serving as counsel – There’s no substitute for experience in litigation, and our team has plenty of it. For years, we have represented clients regarding injuries and abuse claims in court, developing a proven system of success in litigating claims.
- Negotiating with insurance companies – Every nursing home is ultimately represented by an insurance company, so any claim of injury or abuse will have to go through them. We have extensive knowledge of the various tactics these companies use to fight claims of abuse, and can make sure that we put forth the best claim possible for your loved one.
- Protecting your loved one’s rights – Every nursing home resident in California has the right to effective and adequate care. When they are abused, their legal rights are being violated. We make sure that every one of our clients gets the care and treatment they deserve.
Nursing home abuse, no matter when or how it occurs, is unacceptable. Despite this, it is still an ongoing issue. But if you follow the above steps to file a complaint and are diligent in your effort to hold the nursing home accountable, you can make sure your elderly loved one is protected.
California Nursing Home Abuse Lawyers Will Support You
The most important function of any nursing home is the proper treatment and care of its residents. Unfortunately, nursing home abuse is an ongoing problem in California, and may only get worse when you consider the rising number of elderly residents in our state. One way to combat the issue is to use the regulatory and legal mechanisms in place to report nursing homes that allow abuse to happen.
At Maison Law, we believe that every nursing home resident should be able to live in a nursing home free of abuse and neglect. We proudly stand up for these residents and can provide the support and guidance they need to hold their nursing home accountable for any abuse they’ve suffered. If you would like us to work with you on a nursing home abuse claim, contact us today for a free consultation.
