Nursing home abuse in California is a serious violation, both in terms of the law and the rights of the resident. When you place an elderly loved one in the care of a nursing home, you’re doing so because they need a certain level and standard of care that can’t be provided elsewhere. Doing this comes at great emotional and financial costs. So when these facilities subject your loved one to abuse or neglect, it can leave you searching for answers about how you can handle the situation.
Because nursing homes have a responsibility to these vulnerable residents, they are heavily regulated by both California and federal agencies. These agencies have various mechanisms in place that govern how nursing home abuse is investigated and if necessary, punished.
Maison Law Stands Up For California Nursing Home Abuse Victims
Fighting for those victims that aren’t able to stand up for themselves is something that Maison Law identifies with. Our team of dedicated California nursing home abuse lawyers can help you and your elderly loved one understand what options you have to hold nursing homes accountable for allowing abuse and neglect to happen.
To get started with a free consultation, contact us today.
California Law and Nursing Home Abuse
In California, nursing home abuse and neglect is prohibited under the state’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The California Department of Public Health (DPH) is responsible for enforcing this and other state laws, as well as investigating complaints of abuse and neglect in nursing homes.
There are several components to the Act, from defining what nursing home abuse is to the penalties that are in place for violations. Specifically, the EADACPA covers the following as it relates to nursing home abuse in California:
- Definition of abuse – The Act defines nursing home abuse as any treatment that includes physical abuse, neglect, financial abuse, physical harm or mental suffering.
- Mandatory reporting requirements – The Act requires certain individuals, such as health care providers, to report suspected abuse of elderly or dependent adults to law enforcement or adult protective services.
- Civil remedies – The EADACPA provides for civil remedies, including monetary damages, injunctive relief, and punitive damages, for victims of abuse, neglect, or exploitation. This can be pursued through a civil lawsuit.
- Criminal penalties – The law also imposes criminal penalties for individuals who engage in abuse, neglect, or exploitation of nursing home abuse victims. Depending on the type of abuse, jail time and fines are likely to be incurred by the guilty parties.
- Protective orders – The EADACPA allows for the issuance of protective orders to prevent further harm to elderly or dependent adults. Generally, these orders are issued by the DPH after their investigation into abuse has been concluded.
- Statute of limitations – The Act, like other similar laws, sets a statute of limitations for bringing a claim under the EADACPA. which is typically two years from the date of the abuse or the date on which it was discovered.
With legal protection from nursing home abuse in place, you have the option to pursue justice on behalf of your elderly loved one. At the same time, just because there are legal protections in place sometimes doesn’t deter nursing homes and their staff from committing abuse. The question is, how should you handle the situation once you believe that your loved one is being abused in their nursing home?
How Should I Handle Nursing Home Abuse In California?
Nursing home abuse is an extremely difficult situation. Not only does it cover a wide array of different possible scenarios, but it can be very difficult to confirm, let alone actually see happen. Most of the time, it occurs very subtly over a long span of time. At the same time, there are always warning signs, like unexplained injuries, illnesses, and changes in your loved one’s condition or mental health.
No matter what type of abuse you suspect is occurring to your loved one, it’s important to take the following steps as soon as possible:
- Report the abuse – The first step in handling any suspected abuse is reporting the incident to the nursing home staff, and also contacting the DPH or the California Department of Aging’s long-term care ombudsman.
- Document and gather evidence – Even if you suspect abuse, any complaint will require evidence and documentation. Make sure to keep a record of the date, time, and details of the abuse. Gather any physical evidence and take photographs or videos if possible.
- Get medical attention – Your loved one’s health should always be the top priority, so If they have been injured by the abuse, seek medical attention for them immediately. Preferably, this would occur outside of the nursing home.
- Ensure your loved one’s safety – Once your loved one’s medical needs are taken care of, you should attempt move them to a safe location and take steps to protect them from further harm and abuse.
Remember that reporting abuse is a critical step in preventing future harm and holding those responsible accountable. Working with our experienced California nursing home abuse lawyers can help you understand your legal rights and options, and can assist with taking the necessary steps to filing a complaint or lawsuit against the nursing home or abusive caregivers.
How Can I Hold Nursing Homes Accountable For Abuse In California?
The most straightforward way to hold nursing homes accountable for subjecting residents to abuse is to file a claim for damages. Under California law, nursing home abuse claims are considered personal injuries, and as such, are based on negligence. Negligence is the determining factor in figuring out who or what entity is liable for your damages. So, in a nursing home abuse claim, you will need to prove the following:
- The nursing home had a duty to provide a safe and healthy environment and care for its residents.
- The nursing home breached that duty by failing to meet the standard of care owed to residents.
- The resident suffered harm as a direct result of the nursing home’s breach of duty.
- There is a causal connection between the nursing home’s breach of duty and the harm suffered by the resident.
With liability established, you can proceed to filing a claim for damages against the nursing home, its parent company, or even the individual caregiver that was responsible for the abuse.
Damages in a California Nursing Home Abuse Claim
Recovering damages in a nursing home abuse claim in California requires filing a civil lawsuit. Prior to actually filing suit, it’s important to remember that there is likely a statute of limitations–or legal deadline–on your claim. Nursing home abuse claims in California have a two-year statute of limitations from the date the abuse occurred. Thus, it’s important to act as soon as possible to meet the deadline. Once your complaint is filed, you can recover the following damages if your claim is successful:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages and earning capacity
- Loss of consortium
- Punitive damages
- Loss of quality of life
- Cost of moving to a new care facility
- Physical therapy and rehabilitation
- Funeral and burial expenses in cases of wrongful death.
While these damages are available, they are also general. Every case is unique and what is ultimately recovered depends on the facts and circumstances surrounding your loved one’s specific claim. Working with our team of experienced California nursing home abuse lawyers can help you navigate your claim, and give you a better idea of what to expect.
Contact Maison Law To Handle California Nursing Home Abuse
At Maison Law, we believe every nursing home resident has the right to receive necessary care and a life free from abuse and neglect. Our team of experienced California nursing home abuse lawyers has a proven record of success in representing residents and their families in the wake of abuse. If you believe your loved one is being abused at their nursing home, don’t hesitate to contact us today for a free consultation.
