Nursing homes have one of the most important and significant responsibilities to their residents: making sure they are cared for appropriately. Sometimes, though, they fail to take this responsibility seriously, which leads to abuse and neglect of residents. When you or a loved one are faced with nursing home abuse in California, it can leave you feeling helpless. However, the state has several mechanisms in place to hold these nursing homes accountable.
Nursing home abuse in California is investigated by several state agencies, including the Department of Aging and Adult Services, the Department of Public Health, and even law enforcement. Through these mechanisms, elderly residents of nursing homes are ensured that if they are being abused, their complaints will be taken seriously.
Free Consultations For Victims of California Nursing Home Abuse
Nursing home abuse is, unfortunately, an ongoing problem in California. When you make the decision to place a loved one in one of these facilities, it’s important to understand the protections in place that guard against abuse, including the various agencies and investigative support that are available. It may not stop the abuse from happening, but it does provide remedies.
Our team of experienced California nursing home abuse lawyers at Maison Law can help you better understand this process, as well as the legal options you have at your disposal if your loved one is being abused in their nursing home.
Contact us today for a free consultation to learn more.
How To Identify Nursing Home Abuse in California
Before an investigation into nursing home abuse can begin in California, there has to be a suspicion that your loved one or other resident is actually being abused. This might seem fairly straightforward, but often, signs of nursing home abuse are difficult to detect, let alone prove. Still, there are several physical, emotional, and behavioral signs of nursing home abuse. Some of the most common signs include:
- Physical injuries such as bruises, cuts, broken bones, and burns
- Emotional distress such as anxiety, depression, and fear
- Changes in behavior such as sudden withdrawal, aggressive behavior, or changes in sleeping and eating patterns
- Unexplained weight loss or malnutrition
- Neglect of basic needs, such as hygiene or medical care
- Presence of bedsores or infections
- Improper use of restraints or medication
- Financial exploitation or theft of money or personal property.
Upon learning of any suspected nursing home abuse, it’s important to understand what the next steps are. First and foremost, reporting the abuse to the proper authorities will get the investigation process moving. To that end, it may be helpful to learn which agencies are responsible for investigating nursing home abuse in California.
Investigating Nursing Home Abuse in California
Generally speaking, there are a few different authorities in California that are responsible for investigating claims of nursing home abuse. However, the agency that has the main responsibility is the California Department of Public Health (DPH).
Specifically, the DPH’s Licensing and Certification Program (L&C) is charged with making sure nursing homes and other facilities are providing the standard of care that they are supposed to. This division of the DPH has regulatory oversight of nursing homes, meaning that they have the authority to investigate any claim of abuse.
When the DPH receives a complaint of abuse or neglect in a nursing home, it will initiate an investigation to determine if the facility is in compliance with state and federal regulations that usually includes:
- Gathering evidence – DPH investigators gather various forms of evidence when they receive a complaint about nursing home abuse. They typically gather this through interviews with witnesses, including staff, residents, and family members, as well as by reviewing medical records, inspection reports, and other relevant documentation.
- On-site inspections – Once they receive a complaint of nursing home abuse, the DPH will typically conduct an on-site inspection of the nursing home to assess the quality of care, identify any health and safety hazards, and verify that the facility is in compliance with regulations.
- Determining findings – Based on the evidence gathered and the on-site inspection, the DPH will determine if abuse or neglect has occurred and if the nursing home is in violation of any regulations.
- Taking action – If the DPH finds evidence of abuse or neglect, it may take a range of enforcement actions, including fines, revoking the facility’s license, or requiring the facility to take specific corrective actions.
Other Agencies
There are other agencies that have the authority to investigate complaints of abuse in nursing homes, including:
- Department of Aging and Adult Services (DAAS) – The DAAS is responsible for investigating abuse, neglect, and exploitation of older adults and dependent adults in long-term care facilities. The agency operates the Long-Term Care Ombudsman program, which assists residents of these facilities in reporting any issues with their day-to-day care, including abuse or neglect.
- Law enforcement – Since nursing home abuse and neglect is also a criminal act under California law, local law enforcement agencies have the authority to investigate cases of abuse if there is a suspected crime involved.
- California Attorney General (OAG) – The Office of the Attorney General’s Division of Medi-Cal Fraud & Elder Abuse (DMFEA) has the authority to investigate claims of nursing home abuse that occurs in the form of financial fraud through the Medi-Cal program and in programs serving older adults and people with disabilities. The DMFEA investigates cases of financial fraud and exploitation, physical abuse, neglect, and other forms of abuse in long-term care facilities and in-home care services.
The ultimate goal of any investigation into abuse is to ensure that residents of nursing homes receive safe, high-quality care and that the facilities are in compliance with regulations designed to protect their health and well-being.
Filing a Lawsuit For Nursing Home Abuse in California
Once the investigation by the DPH is complete, you and your loved ones still have a legal right to pursue further compensation in a claim for damages against the nursing home. Indeed, many of the same findings can be used as evidence in a claim for damages against the nursing home. Ultimately, liability can fall on the following parties if abuse is discovered to have happened:
- The individual caregiver
- The supervisor of the nurse or caregiver
- The building supervisor
- The person responsible for hiring or training staff
- The company that owns or operates the nursing home facility
While holding these parties accountable should incentive to pursue the claim further, it can still be challenging to face a nursing home in court. They have very powerful resources at their disposal, and every lawsuit is a gamble, having no guarantee of a positive outcome.
Still, going up against a nursing home in a lawsuit can make the following damages available to you and your elderly loved one:
- Medical expenses incurred as a result of the abuse
- Loss of income or wages
- Cost of rehabilitation or therapy
- Cost of moving to a different care facility
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for family members of the victim)
Nursing home abuse claims are similar to other claims in that they have a statute of limitations. This is simply the deadline in which you or your representative can file a lawsuit for damages. In California, nursing home abuse claims have a two-year statute of limitations.
Empathetic Support From Skilled California Nursing Home Abuse Lawyers
When your elderly loved one is being victimized and abused in their nursing home, it’s important to understand that there are procedures in place that allow for investigations into the conduct of the people responsible for your loved one’s care. Sometimes, these investigations uncover abuse and lead to rulings that hold nursing homes accountable.
However, even with these procedures in place, nursing home abuse still happens. When it does, consider working with our team of experienced California nursing home abuse lawyers at Maison Law. We provide clients with first-rate legal services and empathetic support in a difficult time.
To get started with a free consultation, contact us today.
