When you think of medical malpractice, it’s usually not in the context of nursing home abuse. But medical malpractice can happen anywhere medical treatment is provided, including nursing homes in California. Because it ultimately involves the failure to provide adequate medical care, medical malpractice frequently occurs in nursing homes, and can even be considered a form of nursing home abuse.
Proving medical malpractice in the context of nursing home abuse requires a thorough investigation of the facts and evidence. Moreover, it also requires courage and determination to stand up to the nursing home and hold them accountable.
Personalized Legal Support For California Nursing Home Abuse Victims
At Maison Law, we strive to provide each one of our clients with a specific approach to their case, making them feel heard. Through this support and experience, we have a proven track record of success in nursing home abuse claims. Our team of experienced California nursing home abuse lawyers has developed a vast network of medical experts, investigators, and other professionals to build a strong case on behalf of our clients.
If you or a loved one believe you have suffered abuse in your nursing home due to medical malpractice, don’t hesitate to contact us today for a free, initial consultation. We can help you get the benefits and support you deserve.
What is Medical Malpractice in California Nursing Homes?
Medical malpractice is one of the most common, yet frightening situations that a patient can face in California. It’s defined as:
- Negligence or wrongful conduct by healthcare professionals or facilities that results in injury, harm, or death of a patient.
Obviously, this covers a wide variety of different actions–or inactions. Some common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis of a medical condition
- Failure to diagnose or treat a medical condition
- Surgical errors or mistakes during a medical procedure
- Medication errors or prescription mistakes
- Anesthesia errors or mistakes during a medical procedure
- Failure to obtain informed consent before a medical procedure
- Failure to monitor a patient’s condition or vital signs properly
- Failure to refer a patient to a specialist or for further treatment
- Improper treatment or medical care that causes harm or injury to the patient.
While it can occur in any medical environment, medical malpractice frequently occurs in California nursing homes when residents are subjected to neglect or abuse by staff members. A nursing home is a unique medical environment in that residents are in near-constant need of care. As such, nursing home medical malpractice is unique in several ways:
- Vulnerability of residents – Nursing home residents are often elderly, frail, and have complex medical needs. They may have limited mobility, communication difficulties, and cognitive impairments. These vulnerabilities can make them more susceptible to medical malpractice.
- High risk of neglect – Every nursing home has a duty to provide a safe and healthy living environment for residents, including medical care and attention. However, due to understaffing, lack of training, and other factors, nursing home residents may experience neglect in the form of inadequate medical care, medication errors, and other forms of medical malpractice.
- Less structure – Proving medical malpractice in nursing homes can sometimes be difficult, as it requires showing that the nursing home breached its duty of care to your loved one and that this breach caused your loved one’s injuries. Unlike in hospitals, where medical procedures are closely monitored, nursing home medical care may be less structured and more difficult to document.
- Specific regulations and laws – California nursing homes are subject to specific regulations and laws that govern their operation and the care of their residents. These laws and regulations may affect the legal standards for medical malpractice in nursing homes and can make it more challenging to pursue a claim.
Due to these unique factors, it’s in your best interest to consider working with our team of experienced California nursing home abuse lawyers. Our team has the experience to explain the nuances of California nursing home abuse law and the steps you need to take to prove your claim.
How To Prove Medical Malpractice in a California Nursing Home Abuse Case
In California, medical malpractice in a nursing home abuse case requires showing that the nursing home staff acted negligently. Legally speaking, negligence in these cases–just like other injury cases–has four elements:
- The nursing home has a duty to provide a safe and adequate level of care to its residents.
- The nursing home staff breached their duty of care by acting negligently or failing to act when they should have.
- The nursing home’s breach of duty caused harm or injury to the resident.
- The resident suffered damages as a result of the nursing home’s breach of duty and the resulting harm.
Once you can establish that the nursing home acted negligently in its treatment of your loved one, they are legally liable for any damages or injuries. Obviously, in a medical malpractice case, these damages can be quite extensive. Ultimately, though, you’ll have to prove medical malpractice. This can sometimes be challenging, but usually involves the following steps:
- Obtaining medical records – Medical malpractice can cover a wide range of potential actions, but ultimately involves an injury or other damage. Thus, there will be medical records that can show this definitively. Make sure to gather any medical records, including documentation of treatments, medications, and any other care provided by the nursing home staff.
- Consulting with experts – Consulting with medical experts who can review the medical records and provide opinions on whether the care provided by the nursing home staff fell below the standard of care can be valuable.
- Gathering other evidence – Gather any evidence that supports the claim of medical malpractice, such as witness statements, photographs, and documentation of any injuries or harm suffered by your loved one.
With all of these elements in place, you will be in a good position to bring a claim for damages against the nursing home and its staff for the damage they caused to your loved one. It’s important to remember, however, that the claims process can be challenging. Thus, it’s equally important to have the right team of experienced California nursing home abuse lawyers on your side to guide you through the process.
California Nursing Home Abuse Claims Process
While every case of nursing home abuse in California is unique, the process for filing a claim for damages is relatively the same across the board. Part of the legal protection that nursing home residents have in California is the ability to file a claim for damages once they suffer any form of abuse, including medical malpractice.
In California, the claims process typically involves the following:
- Report the abuse – The first step is to report the abuse to the California Department of Public Health (DPH). You can do this by calling their hotline or by submitting a complaint form online. You may also want to report the abuse to the nursing home administrator and/or local law enforcement.
- File an insurance claim – You may be able to file an insurance claim against the nursing home for compensation for damages such as medical bills, pain and suffering, and emotional distress. Our team can help you prepare and file the claim, as well as support you throughout the process.
- Negotiate a settlement – The nursing home may offer a settlement to resolve the case without going to court. Our lawyers can negotiate on your behalf to try to reach a fair settlement.
- File a lawsuit – If a settlement cannot be reached, you may need to file a lawsuit and take the case to court. Our lawyers will represent you in court, handle all of the legal proceedings, and potentially present your case to a judge and jury.
Probably the most important thing to understand about the claims process is that it can be complex and time-consuming. However, with our team on your side, we’ll make sure to provide you with the support you need to sustain your claim.
Expert Legal Guidance in California Nursing Home Abuse Cases
No matter what issues your elderly loved one is facing in their nursing home, if it reaches the level of abuse, Maison Law will be there to stand up for their rights. Our team of experienced, dedicated California nursing home abuse lawyers knows how to take the necessary steps to prove medical malpractice or any other form of nursing home abuse so that your loved one gets the care and compensation they deserve. If you believe your loved one has suffered abuse or was injured by a negligent care provider in their nursing home, contact us today for a free consultation.
