If your loved one is being neglected in a nursing home, it may seem obvious. While there are definite signs that they are being mistreated, often neglect in a nursing home can occur subtly. Still, nursing home neglect is extremely common. The National Center For Elder Abuse (NCEA) estimates that roughly 95% of nursing home residents have been neglected or have witnessed neglect during their stay at one of these facilities.
While the vast majority of nursing homes in California treat their elderly residents with respect, not every staff member or facility takes their responsibility seriously. When this happens, your loved ones don’t get the proper care they deserve. Worse yet, neglect can frequently lead to even more serious health issues for your loved one.
Experience and Dedication From California Nursing Home Neglect Lawyers
When your loved one is faced with neglect at their nursing home, it is totally unacceptable. At Maison Law, we strive to make sure every client is treated with the care and respect they deserve. Our team of experienced California nursing home abuse lawyers can help you take the necessary steps to hold these facilities accountable.
If you believe that your loved one is being subjected to abuse or neglect at their nursing home, don’t hesitate to contact us today for a free consultation.
What Are Some Examples of Nursing Home Neglect in California?
Neglect in nursing homes can take a variety of different forms, but overall it refers to the failure of care providers to give elderly residents the necessary treatment they need. Abuse and neglect are sometimes used interchangably, and there is a lot of overlap between the two. However, while nursing home abuse is more situational, neglect usually involves the following:
- Medical – Probably the most common and basic form of nursing home neglect involves your loved one’s medical care. This type of neglect occurs when the facility or caregiver fails to provide your loved one with the medical treatment they need. There are several examples of this type of neglect, including:
- Failure to provide necessary medical treatment or medication
- Delay in seeking medical attention for an illness or injury
- Improper administration of medication
- Failure to monitor and manage chronic conditions
- Failure to maintain a clean and safe environment
- Failure to properly assess and address bedsores or pressure ulcers
- Emotional – Nursing homes are designed to provide your loved one with not just medical care, but social and emotional fulfillment. Emotional neglect in nursing homes refers to the failure of care providers to meet the emotional and psychological needs of residents. This can include:
- Ignoring or isolating residents from social interaction
- Failing to respond to emotional distress or complaints
- Not addressing the resident’s feelings or mood changes
- Withholding affection, comfort or basic human interactions
- Failing to provide meaningful activities or stimulation.
This type of neglect can have a serious impact on residents’ quality of life, leading to depression, anxiety, and a decline in physical and mental health.
- Hygienic – The hygienic needs of residents are extremely important to their overall health. Hygienic neglect in nursing homes refers to the failure of care providers to maintain residents’ basic hygiene needs. This can include:
- Not providing regular bathing or showers
- Neglecting to change soiled clothing or bedding
- Not brushing teeth or providing oral care
- Neglecting to trim nails or provide basic grooming
- Failing to assist with toileting or incontinence care
While hygiene may seem like a simple task, neglect in this area can lead to serious health problems like skin infections, urinary tract infections, and cause serious health complications for your loved one. It’s important for you and loved ones to monitor and report any signs of neglect in a nursing home to ensure that they are receiving proper attention to their hygiene.
Again, it can sometimes be difficult to see neglect happening in a nursing home. While there are definite warning signs, you can’t be around your loved one 24 hours a day. Moreover, elderly residents–especially those with dementia or other similar type conditions–may not be able to recognize neglect when it’s happening to them. Thus, it’s important to understand how to prevent neglect from happening.
How Can Nursing Home Neglect Be Prevented in California?
Just because your loved one is being neglected at their nursing home doesn’t mean that they or you are helpless to the situation. While you may not always be able to outright prevent neglect from happening, once you’re aware of the issue, it’s important to know what to do.
Generally speaking, the causes of neglect are usually related to issues outside of your loved one’s control, like inadequate staffing or improper training. However, there are ways that you can stop neglect from happening before it reaches a critical point. This includes taking the following actions:
- Choose a reputable facility with a good track record.
- Regularly visit and observe the care being given.
- Ensure all staff members are properly trained and qualified.
- Keep open communication with staff and address any concerns immediately.
- Be involved in the development and implementation of care plans.
- Report any suspected neglect or abuse to proper authorities.
Again, nursing home neglect can never be prevented. At the same time, taking these steps will make neglect less likely because they counteract the reasons that neglect usually occurs. Another part of the equation is legal action you can take if you believe your loved one was neglected in their nursing home.
Filing a Claim For Nursing Home Neglect in California
Because nursing home neglect is such a continuing problem, the state of California has put legal mechanisms in place to provide you and your elderly loved ones with the opportunity to bring a claim for damages.
Due to the way the laws are structured, filing a claim for nursing home neglect in California can include the following parties:
- The individual caregiver, such as a nurse, orderly, nursing assistant, or similar position
- The administrators or managers of the nursing home that are responsible for the supervision of their team.
- The owners or operators of the nursing home.
In a nursing home neglect claim in California, the following damages may be available:
- Compensatory damages – Reimbursement for expenses related to the neglect, such as medical bills, rehabilitation costs, and pain and suffering.
- Punitive damages – Financial punishment for the nursing home if the neglect was found to be intentional or particularly egregious.
- Injunctive relief – A court order directing the nursing home to take specific actions to prevent future neglect.
- Attorney’s fees and costs – Reimbursement for expenses incurred during the legal process, such as attorney’s fees and court costs.
Like any claim, your unique circumstances and facts of your case will ultimately determine any outcome. Working with our team of experienced nursing home neglect lawyers can help you assess your specific situation and determine any compensation or damages that may be available in your case.
Another important element of any claim is the statute of limitations. A nursing home neglect case falls under the umbrella of personal injury, which has a two year statute of limitations in California.
California Nursing Home Neglect Lawyers Can Help You
At Maison Law, our team of California lawyers welcomes any opportunity to help victims of nursing home neglect. Nursing homes are expected to treat every one of their residents with the level of care and tenderness that they deserve. Unfortunately, some nursing homes are more concerned with saving money rather than giving your loved one what they need to live. If you believe that your loved one is being neglected at their nursing home, contact us today for a free consultation.
