Nursing Home Abuse: Proving Your Case

Nursing home abuse is one of the most frustrating and heartbreaking situations that an elderly loved one can go through. Not only does it affect and harm your loved one, it has a detrimental impact on both your family and other residents. Unfortunately, not only is nursing home abuse common in California, it is also difficult to identify–and ultimately prove. Generally speaking, nursing home abuse is any physical, emotional, sexual, or financial abuse of elderly residents in nursing homes. But it can also involve neglect or abandonment, which is often just as harmful. If you suspect that your loved one has been a victim of nursing home abuse in California, it is important to take action as soon as possible. However, proving nursing home abuse can be challenging, as the evidence may not always be clear.

Experience and Guidance From California Nursing Home Abuse Lawyers

To help you with the process of proving nursing home abuse, it’s important to work with an experienced team of lawyers that have dealt extensively with nursing home abuse cases. At Maison Law, our team of experienced California nursing home abuse lawyers have years of experience in handling nursing home abuse cases and can provide you with the legal guidance you need to take action. Contact us today to schedule a free initial consultation to discuss your case. We can answer any questions you may have.

Is Nursing Abuse Common in California?

Unfortunately, nursing home abuse is a serious problem in California. In order to better understand nursing home abuse in California, it’s helpful to look at the baseline data for nursing homes in the state. Data from the Office of the Attorney General (OAG) shows that there are:

• Around 110,000 residents in California’s 1,300 nursing homes.
• 7,500 residential care facilities that have nearly 150,000 residents.
• 150,000 other residents are being cared for in unlicensed care facilities.

Further, data from the California Department of Aging found that there were more than 10,000 complaints of abuse, neglect, and exploitation of elders and dependent adults were reported in California in 2021. What this data underscores is twofold: first, given the sheer number of elderly nursing home residents in California, abuse and neglect is bound to occur. Secondly–and perhaps most importantly–there are mechanisms in place to investigate nursing home abuse in California. Unfortunately, though, this data only accounts for actual incidents that have been reported.

How is Nursing Home Abuse Identified in California?

Most of the time, nursing home abuse either goes undetected or unreported. Thus, it’s important to know what to look for. One of the difficulties with identifying abuse in nursing homes is that it can take many forms, including:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Financial exploitation
• Neglect

Obviously, with these categories in place, it helps narrow the potential treatment, making it easier to see signs that may indicate nursing home abuse is happening. Usually, you can look for things like the following if you suspect abuse is occurring in your loved one’s nursing home:

• Unexplained injuries
• Sudden weight loss
• Changes in behavior or personality
• Poor hygiene
• Unexplained withdrawals from bank accounts or other financial assets

Once you have suspicions and some evidence, the next step is actually reporting the abuse. In California, nursing home abuse can be reported to your local Adult Protective Services agency, the California Department of Public Health (DPH) or the Long-Term Care Ombudsman Program. These agencies are responsible for investigating allegations of abuse and ensuring that victims receive the necessary support and protection. However, as with any complaint, a nursing home abuse case is ultimately going to require proof. With this comes the process of gathering evidence and documentation, and then ultimately presenting it. In order to make sure that your loved one is protected, you’ll need to understand how the process works and what you need to show.

Proving Your Nursing Home Abuse Case in California

While there is a set procedure in place once your report suspected nursing home abuse in California, it’s important to realize that every case is unique and has its own set of circumstances. Thus, the way your complaint proceeds may not exactly follow another case. At the same time, just as there are always markers of nursing home abuse or neglect, there is a consistent pattern of treatment and evidence that can help you ultimately prove that your elderly loved one is suffering from nursing home abuse. The following are some steps you can take to build a strong case:

• Document the Abuse – If you suspect that abuse is occurring, document the abuse by taking pictures, videos, and notes. Write down the date and time of the abuse, the names of the staff members involved, and the details of the abuse.
• Get Medical Records – Request copies of the resident’s medical records from the nursing home. These records can provide evidence of physical abuse or neglect, such as bedsores, bruises, or broken bones.
• Talk to Witnesses – Speak with other residents, staff members, and family members to gather witness statements. These statements can help to corroborate the resident’s story and provide additional evidence.

Filing a Claim

The second part of a nursing home abuse case, especially if you have the evidence and facts to prove that abuse happened, is filing a claim against the nursing home for damages. Most often, this means filing a lawsuit against the nursing home. Under California law, you have the legal right to pursue available benefits and support–legally known as damages–against a variety of parties that allowed the abuse to occur. Legally, this includes any one person or entity that was negligent in the treatment of your loved one, such as:

• The nursing home
• Individual staff members
• Third-party contractors
• Medical professionals

Once a lawsuit is filed, you could potentially recover the following damages:

• Medical expenses
• Pain and suffering
• Emotional distress
• Lost wages and earning capacity
• Loss of consortium
• Punitive damages
• Loss of quality of life
• Costs related to moving to a new care facility
• Physical therapy and rehabilitation
• Funeral and burial expenses in cases of wrongful death.

While the above damages are available in a lawsuit, ultimately what can be recovered depends on the circumstances surrounding your individual case. That said, working with our experienced California nursing home abuse lawyers can make sure that you have the evidence and a full understanding of how to make your claim successful.

California Nursing Home Abuse Victims Can Count on Maison Law

If you or a loved one have been a victim of nursing home abuse or neglect in California, it’s important to take action and protect your rights. That’s where our team of California nursing home abuse lawyers can help. We know how to help you hold the responsible parties accountable and recover available support for your damages. At Maison Law, we understand the devastating effects of nursing home abuse and neglect, and we’re committed to fighting for justice on behalf of our clients. With years of experience representing victims of nursing home abuse in California, our team has the knowledge and skills to help you navigate the legal system and achieve a favorable outcome. You can count on our experience and knowledge. To get started with a free consultation, contact us today.