Signs of Abuse At a Nursing Home

Nursing homes are designed to provide care for the elderly and those who are simply unable to take care of themselves. Obviously, this is a huge responsibility for facilities and the caregivers that work in them. Because there is such a high level of dependence on caregivers from these nursing home residents, it creates an imbalance of power that sometimes leads to abuse or neglect. There are various ways that your elderly loved one could be abused while residing in a nursing home in California. Whether this abuse is physical, emotional, or even financial, knowing how to spot the warning signs of abuse is extremely important. When you have reason to believe that your elderly loved one is suffering abuse in a nursing home, it’s also important to understand that there are legal options in place to hold these facilities accountable.

Experienced California Nursing Home Abuse Lawyers

At Maison Law, our team of experienced California nursing home abuse lawyers can not only help you uncover abuse but help you understand what your legal options are. In our years of practice, we have a proven track record of success in handling nursing home abuse claims. We strive to treat every client like family, and if your elderly loved one is being abused in their nursing home, we’ll make sure that their rights are represented. To learn more about our process, contact us today for a free consultation.

Defining Nursing Home Abuse In California

Not only is nursing home abuse a widespread problem in California and the nation, but it’s also difficult to define. That’s because it encompasses a wide variety of mistreatment across a spectrum of different situations. Further compounding the problem is that there are numerous causes and factors that lead to abuse. In order to combat the problem, the California Department of Public Health (DPH) has gone to great lengths to put regulatory and legal mechanisms in place to investigate claims of abuse and punish those facilities and caregivers that engage in it. Also, there are strict licensing and training requirements for nursing homes relating to hiring practices and how staff are supervised and trained. With that said, the main statute that governs nursing home abuse in California is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The Act provides at least legal definition of nursing home abuse, maintaining that any of the following would constitute abuse of an elderly resident in a nursing home in California:

• Physical abuse
• Neglect
• Financial abuse
• Abandonment
• Isolation
• Abduction
• Treatment that results in physical harm, pain or mental suffering.

Even with this definition in place, nursing home abuse still covers a wide variety of treatment. Generally speaking, nursing home abuse usually involves the following categories of treatment:

• Physical abuse
• Psychological abuse
• Sexual abuse
• Financial abuse
• Neglect

Again, these are rather broad categories of treatment. Still, understanding how the law views nursing home abuse can give you at least some awareness of whether or not the treatment your elderly loved one is receiving rises to the level of abuse.

What Are Some Signs of Abuse at a Nursing Home in California?

Unfortunately, signs of abuse at a nursing home can be difficult to identify, let alone actually witness. While nursing home abuse is indeed a common issue throughout California, often the most important step you can take to halt any abuse is to stay vigilant. Most of the time, your elderly loved one will not be able to speak up if they’re being abused, either because of their physical and mental condition or because they are simply dependent on their caregiver and may fear making their situation worse. This is extremely unfortunate, but it’s also important to remember that any mistreatment of your elderly loved one that causes physical or mental harm is illegal under California law. With that in mind, let’s take a look at some of the warning signs of nursing home abuse:

• Physical abuse – Physical signs of abuse include things like unexplained bruises, cuts, broken bones, or other physical injuries.
• Psychological abuse – Psychological abuse is among the most common forms of nursing home abuse you will find. Some signs of this type of abuse include markers of emotional distress like anxiety, fear, depression, or agitation. Also, watch out for your elderly loved one seeming withdrawn or sudden changes in their behavior.
• Sexual abuse – Sexual abuse is also frighteningly common in nursing homes. Signs of this type of abuse include bruising or injuries in the genital area, sexually transmitted infections, or sudden changes in behavior or demeanor.
• Neglect – If your loved one has developed bedsores or is showing signs of severe dehydration, malnutrition, or an unclean living environment, these are all signs of neglect. Obviously, these can have disastrous effects on their overall health.
• Financial abuse – Financial abuse is also a common form of nursing home abuse. Signs of this type of abuse include sudden changes in bank account balances, missing personal belongings, or the misuse of finances by staff or other residents.
• Unusual changes in medication or treatment – Another common warning sign of abuse involves the misuse or changes in your elderly loved one’s medication. Make sure to watch out for any sudden changes in medication or treatments, or how the facility or caregiver administers drugs or treatments that are not medically necessary.

Overall, it’s important to speak up if you suspect abuse in a nursing home. As soon as you begin to suspect abuse, make sure to report your concerns to any of the following:

• The nursing home administrator
• Your local Long-Term Care Ombudsman
• The DPH’s Licensing and Certification Division.

By recognizing the signs of abuse and taking action, you can help protect your elderly loved one and other vulnerable residents and ensure that they receive the care and dignity they deserve. While recognizing and reporting suspected abuse, it certainly puts a nursing home on notice that their mistreatment won’t be ignored. However, an even more consequential way to hold them accountable: filing a lawsuit.

Filing a Lawsuit For Nursing Home Abuse in California

Under California law, elderly residents that are being abused in nursing homes have the right to file a lawsuit for damages against their nursing home and the people responsible for subjecting them to abuse. Generally speaking, a nursing home abuse case falls under the category of a personal injury. While every case is unique, the following damages are generally available in these types of claims:

• Medical expenses
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Emotional distress

In cases where your elderly loved one’s care provider or nursing home was found to have acted with gross negligence and recklessness in their abusive behavior, punitive damages may be awarded. These damages are usually monetary and are designed to punish the facility and deter them and others from taking the same actions in the future.

Compassionate Representation in California Nursing Home Abuse Cases

At Maison Law, our team of compassionate, skilled California nursing home abuse lawyers understands how difficult it can be to watch your elderly loved one being abused in their nursing home. These facilities and their staff members are there to provide care and companionship for your loved one. So when they decide to subject them to abuse or neglect to treat them, it is a huge betrayal of their responsibility. Every nursing home resident in California deserves to be treated with respect and special care. If you believe your loved one is currently suffering or has suffered abuse at their nursing home in the past, don’t hesitate to contact us today for a free consultation.