Nursing home abuse in California covers a wide variety of different forms of mistreatment. Whether it be physical, emotional, or even financial abuse, your elderly loved one is in an extremely vulnerable position when they’re in a nursing home. More to the point, abuse or neglect is direct action taken by the nursing home or its staff members that harm your loved one.
Because nursing home abuse is such an issue in California, there are an extensive set of laws and regulations that govern it. One of the most applicable legal doctrines when it comes to nursing home abuse is negligence, or the nursing home failing to uphold its duty to properly care for its residents and that failure causing harm or injury.
But there are certain situations in California where you can prove nursing home abuse without having to show that the nursing home breached its duty of care. In legal terms, this is known as negligence per se. This doctrine can be a powerful tool for your loved one to hold the nursing home accountable.
Experience and Knowledge From California Nursing Home Abuse Lawyers
If you or a loved one has been the victim of nursing home abuse in California, it is important to take action to protect your legal rights and seek justice. Our experienced California nursing home abuse lawyers can help you understand your legal options, gather evidence to support your case, and fight for the benefits and support you and your loved one deserve.
At Maison Law, we are dedicated to advocating for the rights of nursing home abuse victims and holding negligent facilities accountable for their actions. We have a track record of success in handling nursing home abuse cases, and we are committed to providing compassionate and comprehensive representation to our clients. Contact us today to schedule a free consultation to learn more.
What Is Negligence Per Se in a California Nursing Home Abuse Case?
When it comes to injuries, California law is clear:
- The party that acted negligently and caused the accident that injured you or a loved one is liable for any damages.
This may seem straightforward, especially in nursing home abuse cases. However, this isn’t always the case, especially in cases where there is no direct physical abuse. That being said, a nursing home and its staff members are still held to a higher standard when it comes to caring for residents. As such, the law extends further protection to these residents by employing a doctrine called negligence per se. In the context of nursing home abuse, negligence per se happens when:
- A nursing home violates a law or regulation designed to protect the health and safety of residents, and that violation causes harm to a resident.
California Law and Nursing Home Abuse
California law has provided extensive regulations and legal protections on the topic of nursing home abuse. Whether it be providing minimum levels of staffing to prevent neglect or establishing legal definitions of abuse, these remedies are in place. In terms of the law, California’s Elder Abuse And Dependent Adult Civil Protection Act (EADACPA) covers nursing home abuse. It defines nursing home abuse as any form of:
- Physical abuse, neglect, or abandonment
- Sexual abuse
- Financial abuse or exploitation
- Abduction
- Isolation
- Abduction
- Treatment resulting in physical harm, pain, or mental suffering
The law also requires certain professionals, including healthcare providers and law enforcement officers, to report suspected cases of elder or dependent adult abuse to the appropriate authorities.
Examples of Negligence Per Se in California Nursing Home Abuse Cases
With negligence per se, you or your elderly loved one must satisfy three requirements:
- Show that the nursing home violated a law or regulation
- They are a member of the class of persons that the law was designed to protect
- The violation of the law was a proximate cause of their injury
With these three elements established, negligence per se is in play. But you may be wondering how this applies to nursing home abuse. To that end, here are some examples of negligence per se in California nursing home abuse cases:
- Understaffing – California state law requires nursing homes to provide sufficient staffing levels to meet the needs of their residents. If your elderly loved one’s nursing home fails to comply with these staffing requirements, it may be considered negligence per se if they are injured or harmed due to understaffing.
- Medication errors – California nursing homes are required to follow certain medication administration protocols to ensure that residents receive the correct medication at the correct dosage and time. When the nursing home violates these protocols and a resident suffers harm as a result, it may be considered negligence per se.
- Failure to prevent falls – Every California nursing home has to assess each resident’s risk of falling and take appropriate measures to prevent falls, such as providing assistive devices or supervision. If a nursing home fails to take these measures and your loved one or another resident falls and suffers injuries, it may be considered negligence per se.
- Failure to prevent pressure ulcers – Nursing homes in California are required to assess residents’ skin integrity and take appropriate action to prevent pressure ulcers, which can be extremely dangerous and cause infections. When a nursing home fails to properly care for a resident who develops a pressure ulcer, it may be considered negligence per se.
- Failure to report abuse – California law requires nursing homes to report suspected cases of abuse or neglect to the appropriate authorities. If a nursing home fails to report abuse and a resident suffers harm as a result, it may be considered negligence per se.
These are just a few examples of negligence per se in California nursing home abuse cases. While it’s important to understand that every case is unique, looking for the above scenarios can be extremely helpful in your loved one’s ability to hold the nursing home accountable for their actions.
How Can I Prove Negligence Per Se in a California Nursing Home Abuse Case?
Establishing negligence per se is only the first step of a larger nursing home abuse case in California. Ultimately, just like any other claim, there has to be proven to have a successful claim. To prove negligence per se,
- Identify the regulation or law – The first step in proving negligence per se is identifying the specific law, regulation, or standard that the nursing home violated. Our team of experienced lawyers can assist in this area by explaining the relevant statute or regulation, but it ultimately depends on the cause of the abuse, such as understaffing or failing to give proper medications.
- Establish belonging in the protected class – Next, you will need to establish that your loved one was a member of the class of individuals that the nursing home abuse laws and regulations were intended to protect and that the harm suffered by them was the type of harm that the laws and regulations were intended to prevent. The first part of this is relatively straightforward, with your loved one receiving automatic protection just by being a resident in the nursing home. The other element may involve expert testimony and other evidence that demonstrates the standards of care that apply to nursing homes and how the nursing home’s conduct fell short of those standards.
- Gather evidence – You will also need to gather evidence to demonstrate that the nursing home’s violation of the law, regulation, or standard was the direct cause of your loved one’s injuries or harm. This usually includes collecting medical records, witness statements, and other evidence that shows how the nursing home’s conduct led to the harm suffered by your loved one.
Suffering nursing home abuse, no matter the cause or circumstances is an extremely difficult and frustrating situation. But it’s important to understand that the law provides you and your elderly loved one with the opportunity to file a claim for damages once negligence per se is established. Consulting with our team can make sure your loved one gets the treatment and compensation they deserve.
Maison Law is Here For California Nursing Home Abuse Victims
At Maison Law, our team of experienced and dedicated California nursing home abuse lawyers takes great pride in our ability to provide support for our clients. This includes any victim of nursing home abuse. We know how demoralizing it can be when the people responsible for your care and well-being decide to neglect their duties. By working with our team, we can make sure that any harm you or your elderly loved one suffered because of abuse will be made right. To get started with a free consultation, contact us today.
