A problem as significant and consequential as nursing home abuse requires several mechanisms in place to fight it. One such legal mechanism is the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). As the main law that covers nursing home abuse in California, it not only outlines the various protections that the elderly have against abuse or neglect in a nursing home or care facility, but it also provides a definition of nursing home abuse to increase awareness of this ongoing problem.
Residents in nursing homes are extremely vulnerable to abuse and neglect. Because of this vulnerability, California uses the EADACPA and other statutes to both regulate the nursing home industry and penalize those that violate the rights of residents. Not only that but providing protection for California nursing home residents under the law can allow them to get some measure of justice for their treatment.
Contact Maison Law Today For a Free Consultation
At Maison Law, our team of experienced California nursing home abuse lawyers understands the difficult position many nursing home residents are in. Through no fault of their own, they have been subjected to abuse and neglect at the hands of often overworked, poorly trained caregivers and negligent nursing homes. Residents should be the top priority of these facilities, but unfortunately, that is often only of secondary concern.
If you believe your elderly loved one is suffering abuse at their nursing home, contact us today to schedule a free consultation to learn more about your legal options.
What is the EADACPA?
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is the main law that governs nursing home abuse in California. Officially codified in Section 15610 of the California Welfare and Institutions Code, the law outlines the various protections that nursing home residents have from abuse and neglect in a nursing home or other care facility.
It defines nursing home abuse as any form of:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any other treatment that results in physical harm, pain or mental suffering.
On top of providing a definition of nursing home abuse, the Act allows for both civil and criminal penalties that apply to both the abuser (usually the individual caregiver or supervisor) and the nursing home itself. While these are the two most common parties that can be held responsible for any injury caused by abuse, the law also recognizes that virtually any party that acted negligently can be held liable for damages.
What Are the Provisions of the EADACPA?
While the main thrust of the law is defining what treatment is considered abuse or neglect in a nursing home, the EADACPA has several other provisions that sketch out what the various outcomes are if a resident is being abused in a California nursing home. These provisions include:
- Mandatory reporting requirements – The Act requires certain individuals in and around the nursing home–health care providers, supervisors, managers–to report suspected abuse of elderly or dependent adults to the California Department of Public Health (DPH) or any other enforcement agency.
- Civil options – The EADACPA is recognized as both a tort and criminal law. As such, it carries civil penalties for those that violate it. This includes the abuser and facility being liable for any injuries or other damages to the resident, that are compensated through economic means.
- Criminal penalties – The Act imposes criminal penalties for individuals and facilities that engage in or otherwise create an environment of abuse, neglect, or exploitation of nursing home residents. Depending on the type of abuse, jail time and fines are the likely penalties for those who decide to abuse residents.
- Protective orders – The EADACPA gives courts the authority to issue protective orders against caregivers and nursing homes in the event abuse is taken place. Generally, these orders are enforced by the DPH after their investigation into abuse has been concluded.
- Statute of limitations – Because of it is a civil law in California, EADACPA claims have a statute of limitations in which a lawsuit can be filed for violations. The statute of limitations on these claims is two years from the date the abuse began.
While the EADACPA is the main law that covers nursing home abuse in California, there are other statutes in place that focus on resident safety, such as the Patients Bill of Rights and the Residential Care Facilities For The Elderly Act (RCFE), which establishes minimum standards for the operation and maintenance of all care facilities in California, including nursing homes. It also requires regular inspections and enforcement by the California Department of Social Services
Who Enforces the EADACPA?
In California, the enforcement of the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is a collaborative effort between several agencies. Primarily, the DPH works together with local law enforcement and the California Department of Aging (CDA) to investigate claims of abuse in nursing homes.
- The DPH and CDA are both responsible for investigating allegations of elder abuse and neglect in California nursing homes. They have the authority to fine facilities that violate state laws and regulations, and can even shut down operations if it is found to be unsafe or unhealthy for residents.
- Local law enforcement agencies also have the authority to investigate nursing home abuse as a criminal matter. This means they can perform on-site investigations and arrest those that are found to be abusing or neglecting nursing home residents. They also play a key role in providing support and resources to victims of nursing home abuse, including connecting them with medical care, legal services, and other forms of assistance.
One of the most consequential aspects of the EADACPA and other related laws is that they allow for you or other victims of nursing home abuse to file a civil lawsuit against the nursing home for damages. Before you do that, though, consider speaking with our team of California nursing home abuse lawyers.
Can I File a Lawsuit For Violations of the EADACPA?
When working with our team of experienced nursing abuse lawyers, we can help you file a claim for damages against the nursing home. Generally, the following damages are available in a nursing home abuse claim:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Punitive damages
- Property damage
- Legal fees and court costs
As with any lawsuit, every case has its own unique circumstances and facts that determine how viable it is. While the above damages are available, the extent of what you or your loved one can recover depends on the evidence. Still, working with our team of experienced and dedicated California nursing home abuse lawyers can position your loved one’s claim so that they get what they’re owed.
Experienced California Nursing Home Abuse Lawyers
Putting your elderly loved one in a nursing home ultimately means putting their health and well-being in the hands of another person. While nursing homes are heavily regulated and have laws like the EADACPA in place to protect elderly residents, nursing home abuse still happens.
No matter what the reason or cause is for the nursing home abusing or neglecting your loved one, Maison Law will be there to stand up for them. We have a proven track record of success in claims against nursing homes, and we can make sure your loved one is treated with respect and protected. Contact us today to schedule a free initial consultation to learn more about how we can help.
