The key to California personal injury law is establishing liability. And the key to establishing liability is determining negligence. In terms of nursing home abuse, proving negligence can sometimes be a challenging task. In most, if not all cases, it requires extensive observation, documentation, and evidence.
At the same time, when your elderly loved one’s nursing home fails in its most basic duty–keeping them and other residents safe by providing them with adequate care–then they will likely have acted negligently. When that happens, it’s essential to report any suspected nursing home abuse or neglect to the appropriate authorities so that you can hold the nursing home accountable.
Maison Law Provides Legal Support For California Nursing Home Abuse Victims
At Maison Law, our team of California nursing home abuse lawyers is dedicated to standing up for the rights of nursing home residents and their families. We have a proven track record of success in helping clients obtain support and benefits for the harm they have suffered as a result of nursing home abuse or neglect.
We understand that nursing home abuse and neglect can be a traumatic and emotional experience for you and your family. That’s why we provide compassionate and personalized legal support and keep you informed every step of the way. We are dedicated to ensuring that you receive the treatment you deserve. Contact us today for a free consultation to learn more.
California Nursing Home Abuse Law
Because nursing home abuse is such a serious and widespread problem in California, the state has spent significant resources on putting laws and regulations in place to protect nursing home residents from abuse and neglect.
California’s legislative efforts to combat nursing home abuse are split into two categories: administrative and statutory.
- Administrative agencies – Administratively, there are two main agencies that deal with nursing home abuse:
- The California Department of Public Health (DPH)
- The California Department of Aging and Adult Services (DAAS)
The California Department of Public Health (DPH) and the California Department of Aging and Adult Services (DAAS) are responsible for regulating nursing homes and ensuring that they meet certain standards of care. They also investigate complaints of abuse, neglect, and exploitation of residents in nursing homes.
Specifically, the DAAS houses the Office of the Long-Term Care Ombudsman Program, which is a state program that provides advocacy services for residents of long-term care facilities, such as nursing homes and assisted living facilities. The program is designed to help ensure that residents’ rights are protected and that they receive quality care.
- Statutory – In California, the main law that handles nursing home abuse is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The EADACPA was designed for the purpose of expressly providing protection to elderly nursing home residents in California. To that end, it defines nursing home abuse as any form of:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Treatment that results in physical harm, pain or mental suffering.
Although the EADACPA gives a legal definition of nursing home abuse and sets often severe penalties for a nursing home that is found to be abusing its residents, nursing home abuse still happens and is still an ongoing issue.
How Do I Prove Negligence in a California Nursing Home Abuse Case?
Before you can prove that nursing home abuse has occurred and that the nursing home and its care providers were negligent in their treatment of your loved one, you first have to understand what negligence is in the context of nursing home abuse. Generally speaking, negligence–like in other personal injury cases–in a California nursing home abuse case has four elements:
- Duty of Care – The nursing home has a legal and ethical responsibility to provide a safe environment for its residents. This includes providing adequate staffing, appropriate care, and proper supervision.
- Breach of Duty – Negligence occurs when the nursing home fails to provide the level of care that is expected of them. For example, if a resident falls and injures themselves due to a lack of supervision, this could be considered a breach of duty.
- Causation – The nursing home’s breach of duty must have caused harm or injury to the resident. For example, if a resident is not turned frequently enough and develops bedsores as a result, this could be considered a direct result of the nursing home’s negligence.
- Damages – The resident must have suffered actual harm or damages as a result of the nursing home’s negligence. This can include physical injuries, emotional distress, financial losses, or a decline in their overall health and well-being.
Ultimately, proving negligence in a California nursing home abuse case requires that you show that the nursing home failed to provide a reasonable standard of care and that this failure caused harm to the resident.
The question, then, is how can you prove negligence. Thankfully, there are steps you can take to do so:
- Document the abuse or neglect – Keep detailed records of any incidents of abuse or neglect that you witness or that your loved one reports to you. Take photos or videos if possible.
- Report the abuse – Report the abuse or neglect to the nursing home staff, the facility’s administrator, and the California Department of Public Health. This will put the nursing home on notice that abuse is potentially occurring.
- Seek medical attention – Have your loved one evaluated by a medical professional to document any injuries or medical conditions related to the abuse or neglect. Also, make sure to gather your loved one’s medical records to show lapses in medication or treatment.
With negligence established, the nursing home will be considered at fault for any damages that your loved one suffered because of the abuse. At that point, the law allows you to take action by filing a claim for damages against the nursing home or anyone that was responsible for the abuse.
Nursing Home Abuse Lawsuits in California
The surest way to make sure your elderly loved one is able to get the support and benefits available to them after suffering abuse or neglect in their nursing home is to file a lawsuit. First and foremost, you’ll want to be sure to consult with our team of lawyers to determine the viability of your claim and to help you with any preliminary details.
This is also key because nursing home abuse claims, like other injury claims in California, have a two-year statute of limitations. This means that if you don’t file your lawsuit within two years of the date of the abuse, you’ll miss out on the opportunity to recover damages.
However, once your complaint is filed, the following damages are available if your case is successful:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages and earning capacity
- Loss of consortium
- Loss of quality of life
- Punitive damages
- Physical therapy and rehabilitation
- Funeral and burial expenses in cases of wrongful death.
As with any case, the extent of these damages depends on the facts and circumstances surrounding your particular situation. Still, by working with our team of experienced nursing home abuse lawyers, we can help make sure that every available path to support is taken and that your loved one gets the treatment and results they deserve.
Experienced and Dedicated Support From California Nursing Home Abuse Lawyers
Nursing home abuse is among the most frustrating and tragic forms of mistreatment you will find in California. Because elderly nursing home residents are so reliant on nursing homes and their staff for proper care, it makes negligent or abusive treatment that much more upsetting.
Thankfully, our team of experienced and dedicated California nursing home abuse lawyers at Maison Law have the skills and knowledge necessary to hold these facilities accountable. We will be there with you and your elderly loved one every step of the way to make sure that they and other nursing home residents are treated with respect and proper care. If you would like to get started, contact us today for a free consultation.
