The primary responsibility of nursing home staff is to monitor and supervise residents so that they can provide them with the necessary care and treatment. Usually, this includes providing assistance with daily activities like bathing, dressing, and eating, as well as monitoring their overall health and safety. In most nursing homes, this is a tall order. There are over 93,000 nursing home residents in California, according to data from the Kaiser Family Foundation.
All of these residents require care and supervision, but not every nursing home is able to willing to provide enough staff members to achieve this. This lack of supervision can not only lead to injuries and accidents, but other forms of nursing home abuse.
Reach Out To Maison Law For Help WIth California Nursing Home Abuse
At Maison Law, we understand how difficult it can be to watch your elderly loved one be exploited and abused by their nursing home. These situations are often doubly frustrating because abuse or neglect is often entirely preventable. Still, when your loved one isn’t properly supervised, it can lead to serious injuries and other consequences of abuse. By working with our team of experienced California nursing home abuse lawyers, we can help you hold the nursing home accountable.
Contact us today to set up a free initial consultation to learn more about your options.
Negligent Supervision and Nursing Home Abuse in California
In the context of nursing home abuse, negligent supervision refers to a situation where:
- The staff or administration of a nursing home fails to provide adequate supervision or monitoring of the residents by staff members, which results in harm or injury to the residents.
In California, nursing homes are required to provide a certain standard of care to their residents, and failure to do so can be considered a form of abuse. In looking at the law, the Elder and Dependent Adult Civil Protection Act (EADACPA) provides protection to elderly and dependent adults in nursing homes that have been subjected to abuse, neglect, or exploitation. Negligent supervision–the failure to provide care or services that are necessary to avoid harm or serious physical or emotional suffering–can fall under the category of neglect.
In practice, negligent supervision in California can take many forms. Some of the most common examples of negligent supervision include:
- Failing to provide appropriate medical care
- Not properly monitoring or administering medication
- Allowing unsafe or unhealthy conditions to persist
- Neglecting basic needs such as food and hydration
- Failing to prevent abuse or neglect by other residents or staff members
Obviously, serious harm or injury can result from the negligent supervision of nursing home residents. That’s why it’s important to understand the various causes of negligent supervision and how to fight back against it.
Causes of Negligent Supervision in California Nursing Homes
Like any form of nursing home abuse, there is a wide range of causes and circumstances that leads to incidents of negligent supervision. Many of these causes are totally out of the resident’s control, but they still suffer the consequences. And while there are certain regulations that are designed to guide a nursing home’s actions in terms of staff and their level of care, California still struggles to combat the issue.
That said, understanding the causes of negligent supervision can help you or others be more vigilant when it happens to your elderly loved one. Here are some common causes of negligent supervision in California nursing homes:
- Understaffing – One of the leading causes of negligent supervision is understaffing. When nursing homes are understaffed, caregivers are unable to provide adequate supervision and care to all of the residents, which can lead to harm or injury.
- Lack of training – Nursing home staff may not have the proper training or experience to properly care for elderly or dependent adults. This can result in errors or omissions that lead to harm or injury to residents.
- Poor communication – Lack of communication among nursing home staff can lead to inadequate supervision and care. Caregivers may not have the necessary information to provide appropriate care to residents, or may not be able to effectively communicate with each other about residents’ needs.
- Inadequate supervision protocols – Nursing homes may not have adequate protocols in place for monitoring and supervising residents. This can result in neglect or abuse going unnoticed, or caregivers not having the necessary resources to properly care for residents.
- Insufficient resources – Nursing homes may not have the necessary resources, equipment, or supplies to provide adequate care and supervision to residents. This can include a lack of medical equipment, inadequate staffing levels, or insufficient training programs for caregivers.
It’s important for nursing homes to address these issues and take steps to prevent negligent supervision. This includes hiring and training sufficient staff, improving communication protocols, implementing proper supervision and monitoring protocols, and ensuring that caregivers have the resources they need to provide quality care to residents. Even when these conditions are not met, the law allows you to hold the nursing home and its staff accountable for their illegal actions.
How Can I Prove Negligent Supervision in a California Nursing Home?
Suspecting negligent supervision in a California nursing home abuse case is only one part of the potential equation. The other part is being able to prove that abuse is occurring and negligent supervision is the main cause. This can be a bit challenging, but our team can help. We have extensive experience in California nursing home abuse cases and can guide you through the process of gathering evidence to ultimately show that your loved one (and probably other residents) are being abused.
Here are a few ways to respond if you believe that negligent supervision is leading to nursing home abuse:
- Document the abuse – Keep detailed records of any incidents of negligent supervision or other types of abuse that you witness or that your loved one reports to you. This can include written notes, photographs, or video recordings.
- Report the abuse – Contact the appropriate authorities to report the abuse, such as the California Department of Public Health (DPH), the Long-Term Care Ombudsman, or Adult Protective Services. You can also report the abuse to the nursing home administration and request an investigation.
- Seek medical attention – If your loved one has suffered any injuries or health complications as a result of the negligent supervision, seek medical attention immediately. Document any medical treatments or diagnoses related to the abuse.
With evidence, you can then file a claim for damages against the nursing home itself, including any caregiver or staff member that is responsible for not adequately supervising your loved one. In a negligent supervision claim, you can potentially recover the following damages:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Punitive damages, in particularly egregious or intentional acts of negligent supervision.
Like any claim, the amount of damages awarded in your negligent supervision claim will depend on the specific circumstances of your case. This includes the severity of the harm suffered and the extent of the negligence on the part of the nursing home. Working with our team can ensure that you and your elderly loved one not only get the care they deserve but also the available benefits and support under the law.
Compassionate and Capable Support From California Nursing Home Abuse Lawyers
At Maison Law, we understand the emotional and financial toll that nursing home abuse can take, and we are committed to providing every one of our clients with compassionate and capable support throughout the legal process. Our team has a proven track record of success in holding California nursing homes accountable for their actions and securing the full range of available benefits and support for our clients.
If you’re ready to take action against your elderly loved one’s nursing home, contact us today for a free consultation. We’ll listen to your story, explain your legal options, and help you take the next steps toward justice and healing.
