When you make the decision to send your elderly loved one to be cared for in a nursing home, you’re doing so with the understanding and expectation that whatever facility you choose will care for them as they would care for a member of their own family. However, despite advances in techniques and a seemingly endless array of options for nursing homes, abuse continues to be a growing concern in California.
The fact is, placing your elderly loved one in a nursing home means putting their care and health in the hands of another person. Whether it be their individual caregiver or the facility itself, often the situation is out of your control. Thus, it’s important for both families and residents to understand what constitutes nursing home abuse in California so that they can take the necessary steps to prevent it and hold those responsible accountable.
Contact Experienced California Nursing Home Abuse Lawyers
At Maison Law, our team of experienced California nursing home abuse lawyers understands the incredibly difficult situation you and your elderly loved ones are in. When they suffer nursing home abuse at the hands of the very people that are trusted with their health and care, it is a huge betrayal. Not only that but the emotional and financial components of nursing home abuse can make the situation even worse.
If you believe that your loved one is being subjected to nursing home abuse, contact us today for a free consultation.
California Nursing Home Statistics
One of the challenges of understanding nursing home abuse is the sheer number of both facilities and residents in California. Data from the California Office of the Attorney General (OAG) uncovered the following statistics regarding nursing homes in the state:
- California will see the largest increase in the population of elderly people (aged 65 and over) of any state, with an estimated 6.4 million people by 2030.
- There are 1,300 licensed nursing homes in the state, caring for nearly 110,000 residents.
- There are 7,500 licensed residential care facilities, in which 150,000 elderly people live.
- 150,000 more elderly people reside in unlicensed assisted living facilities.
- Around 13% of complaints made to California’s Long Term Care Ombudsman involve abuse or neglect.
What these statistics show is that those most vulnerable and in need of care–elderly people, usually with diseases like dementia that make caring for them difficult–have to place their health in the hands of nursing homes and other care facilities. This, unfortunately, can lead to instances of abuse.
How Does California Define Nursing Home Abuse?
California has gone to great lengths to provide legal definitions of nursing home abuse. In fact, the California Department of Public Health (DPH) is responsible for both regulating and enforcing the various laws in place that govern nursing home abuse in the state. Victims of nursing home abuse in California can file a complaint with the DPH to remedy their situation or pursue further claims under the main law that covers nursing home abuse, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law not only outlines the various protections that the elderly have against abuse or neglect in a nursing home or care facility, but it also defines nursing home abuse as any form of:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any treatment that results in physical harm, pain or mental suffering.
The EADACPA and other related laws not only punish nursing home abuse as a civil claim, but also criminally. Fines and jail time can penalize both the abuser and facility that employs them.
Even with a definition in place, nursing home abuse is still a rather broad topic covering a variety of different forms of treatment and conduct that your loved one could be subjected to while in a nursing home. Still, some of the more common forms of nursing home abuse include:
- Failure to supply basic needs such as food, water, or hygiene
- Improper medical care, leading to untreated illnesses or injuries
- Improper supervision, leading to accidents or falls
- Failure to provide a clean and safe environment
- Inadequate staffing levels
- Failure to assist with activities of daily living, such as bathing, dressing, and using the restroom.
- Mismanaging or neglecting medications
Recognizing nursing home abuse is made a bit easier when you understand how the law views it and how it applies to your loved one’s particular situation. However, recognizing abuse when it happens is only part of the story. Looking deeper, understanding why nursing home abuse happens can be important in making sure it doesn’t happen to your loved one in the future.
Why Does Nursing Home Abuse Happen in California?
Just like there are numerous different types of nursing home abuse, the causes and symptoms that lead to it are also widespread. Usually, abuse happens at California nursing homes because of the following issues:
- Neglect or lack of proper care – When staff members are undertrained, understaffed, or simply not providing adequate care, residents are usually subjected to abuse or neglect. Even with regulations in place regarding these deficiencies, abuse still happens.
- Overwork or burnout due to understaffing – When staff members are overworked or suffer from burnout, they may become abusive or neglectful towards residents. This usually happens because the facility itself is understaffed, meaning the caregiver has a large number of patients they are responsible for.
- Power imbalances – The vulnerability and dependence of nursing home residents can create a power imbalance that can lead to abuse by staff members. This is especially true when your loved one has needs that make them unable to care for themselves.
- Mental or physical health issues – Staff members at nursing homes aren’t immune from their own physical or mental health issues. When one of these caregivers suffers from mental health or other physical problems, they may be more likely to abuse residents.
- Financial motivations – Unfortunately, some nursing homes may prioritize profits over the well-being of residents, leading to neglect and abuse. The revenues that are generated by continually filling spots in nursing homes is sometimes too tempting for large companies that operate many of California’s nursing homes.
It is important to note that abuse can occur in any type of care setting and that the majority of individuals who work in nursing homes are dedicated and compassionate professionals. Nevertheless, it is essential to be vigilant and report any instances of abuse or neglect to the appropriate authorities.
Damages Available in a California Nursing Home Abuse Claim
Part of the legal protections in place for victims of nursing home abuse in California involves filing a claim for damages. Usually, this happens when you work with lawyers that can file a lawsuit on behalf of your elderly loved one against the nursing homes and their employees that either committed or abetted the abuse.
In a claim for damages regarding California nursing home abuse, the following damages are available:
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
In cases where the care provider or nursing home was found to have acted with gross negligence and recklessness in their abuse, punitive damages may be awarded.
Skilled Representation in California Nursing Home Abuse Cases
At Maison Law, our team of experienced, skilled California nursing home abuse lawyers takes pride in our ability to help victims of this totally unacceptable conduct. Elderly loved ones in nursing homes are indeed vulnerable to abuse and neglect, but they also have the law on their side. With our experience and knowledge of California law, we can make sure that your elderly loved one will be strongly represented against the nursing home that allowed them to be abused.
To get started today, contact us for a free consultation.
