Not every facility that is meant to treat the elderly is necessarily a nursing home. In fact, there are key differences between nursing homes and other “rehab” facilities. Each year, elder abuse at California rehabilitation facilities occurs and remains an ongoing issue. This abuse happens when any intentional or neglectful act causes harm or distress to an elderly person receiving care in a rehabilitation setting. This can include physical, emotional, sexual, or financial abuse, as well as neglect or abandonment. It is a serious issue that can have serious consequences for the victim’s health, safety, and well-being.
Our elderly loved ones are meant to be protected and also treated with care, love, and respect. When we place them in rehab or other care facilities, we are placing their health and well-being in someone else’s hands. While It’s important to be aware of the signs of elder abuse, the fact that these facilities allow it to happen is unacceptable. Holding these facilities and caregivers accountable is something you can do with the help of Maison Law.
Contact Maison Law For a Free Consultation
If you believe that your elderly loved one is being subjected to abuse in a rehab facility, don’t hesitate to contact our team of experienced California elder abuse lawyers. We understand how much of a betrayal it is when these facilities abuse your elderly loved ones, and we can help you hold them accountable by filing a claim for damages and reporting them to the proper authorities.
To get started, contact us today for a free consultation.
What Is the Difference Between a Nursing Home and a Rehab Facility in California?
In California, a nursing home and a rehabilitation facility are both types of long-term care facilities that provide assistance to the elderly when they are unable to care for themselves. However, the main difference between the two is in their level of care and services offered:
- Nursing Homes – A nursing home provides around-the-clock medical and personal care to individuals who need daily assistance with activities of daily living (known as ADLs) such as bathing, dressing, and eating. Nursing homes in California typically have licensed medical staff on duty 24 hours a day, 7 days a week to offer a higher, more comprehensive level of care.
- Rehabilitation Facility – A rehabilitation facility is designed to provide short-term care to elderly individuals who are recovering from an injury, illness, or surgery and need various rehabilitation services. Usually, this includes physical, occupational, or speech therapy. The goal of rehabilitation is to help the patient regain their independence and return to their prior level of functioning.
While both nursing homes and rehab facilities provide elderly patients with vital care, the fact is that elderly patients in rehab facilities are in an exceptionally vulnerable position. Not only are these patients in need of physical rehabilitation, but in many cases, they need critical mental care as well. More to the point, many of these facilities operate in a way that is more concerned with making a profit than providing proper care. In these situations, elder abuse is almost certain to happen.
How Does Elder Abuse Happen At Rehab Facilities In California?
Elder abuse taking place in rehab facilities happens far too often, for a variety of different reasons. Unfortunately, this is one of the reasons there is a stigma surrounding these facilities. Another issue that is unique to rehab facilities is that elderly patients aren’t the only ones there. Many rehab facilities have a mixture of older and younger patients, all needing distinct care. While every patient is entitled to a certain level of care, elderly patients often require an even greater commitment of time and resources.
Because abuse can happen in a variety of different ways, it can sometimes be difficult to see the signs. Moreover, elder abuse at rehab facilities in California can range from:
- Physical
- Emotional
- Sexual
- Financial
- Neglect
Usually, elder abuse takes the following forms:
- Inadequate care from unqualified or poorly trained staff
- Overworked and understaffed facilities
- Lack of supervision and neglect
- Financial exploitation
- Physical, emotional, and sexual abuse by staff or other patients.
Abuse of patients at any care facility is never acceptable but unfortunately is very common because of the above reasons. Thus, it is important for facilities to properly screen and train staff, as well as regularly monitor and investigate any reports of abuse. Likewise, when your loved one is being subjected to abuse, it’s important to speak up on their behalf.
What Remedies Are There For Elder Abuse At Rehab Facilities Under California Law?
Under California law, there are three main protections from abuse for the elderly: the Elder Abuse and Dependent Adult Civil Protection Act (EDACPA), The Patient’s Bill of Rights, and the Residential Care Facilities For The Elderly Act.
- The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) – The EADACPA provides legal protections and remedies for elderly and dependent adults who have suffered abuse, neglect, or financial exploitation. Specifically, the law defines what is and is not considered to be abuse on the part of caregivers, including:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any treatment that results in physical harm, pain or mental suffering.
- The Patients’ Bill of Rights – The Patients’ Bill of Rights, codified in sections 1599-1599.4 of the Health and Safety Code, was enacted to outline the rights of patients at any care facility, including the right to:
- Be informed about their medical condition and treatment options
- Participate in decisions about their medical care
- Confidentiality of their medical information
- Considerate and respectful care
- Refuse treatment
- File a complaint without retaliation
- Access to their medical records
These rights aim to ensure that patients receive high-quality, ethical, and respectful medical care.
- Residential Care Facilities For The Elderly Act (RCFE) – The Residential Care Facilities For The Elderly Act (RCFE) governs all care facilities in California and establishes minimum standards for the operation and maintenance of RCFEs and requires regular inspections and enforcement by the state’s department of social services. The goal of the RCFE Act is to ensure that elderly residents receive safe, decent, and adequate care in a homelike setting.
These statutes provide the basic legal framework for holding a facility accountable when they abuse or neglect your elderly loved one. When working with our team of experienced elder abuse lawyers, we can help you file a claim for damages against the rehab facility. Generally, the following damages are available in such a claim:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of consortium
- Punitive damages
- Lost wages and earning capacity
- Property damage
- Legal fees and court costs
It’s important to note that the specific damages recoverable will depend on the circumstances of each case. However, working with our team of knowledgeable lawyers can help assess the specific damages recoverable in your elder abuse case.
Experienced California Elder Abuse Lawyers
When you place your elderly loved one in a rehab facility, you are doing so likely because they need immediate medical care. These facilities have a responsibility to provide every one of their residents with the best care possible, but sometimes, this simply does not happen. No matter what the reason or cause is for the facility abusing or neglecting your loved one, our team of experienced nursing home abuse lawyers can help you.
Contact us today to schedule a free initial consultation.
