How To Sue a California Nursing Home

Filing a lawsuit against a nursing home can sometimes be a complicated, grueling process. This is especially true if you are filing on behalf of an elderly loved one that is being abused or neglected by the nursing home and its caregivers. No matter how difficult it may be, the danger and negative effect that abuse or neglect can have on your loved one in a nursing home is not to be taken lightly. In California, there are numerous legal and regulatory options in place that govern nursing home abuse. One way that elderly residents can hold nursing homes accountable for their actions is to file a lawsuit for damages. While it is a necessary step, it also requires courage and guidance from experienced California nursing home abuse lawyers.

Work With Experienced California Nursing Home Abuse Lawyers

At Maison Law, we believe that there is nothing more important than the care and well-being of your elderly loved one. When nursing homes fail to take their duty to their residents seriously, we will be there to hold them accountable. Working with our experienced California nursing home abuse lawyers can help your elderly loved one get the care and support they deserve. Contact us today for a free consultation to learn more.

What Are the Laws in California Regarding Nursing Home Abuse?

In California, nursing home abuse is covered under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). As the main law that handles nursing home abuse and neglect in California, the Act outlines the various protections elderly nursing home residents have against any form of nursing home abuse. Not only that, but it also provides a standard legal definition of what is considered to be abuse. Because nursing home abuse can encompass a wide range of different types of treatment and conduct, the law is equally broad in an attempt to cover this treatment. The Act defines nursing home abuse as follows:

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

Obviously, this definition provides the framework for understanding nursing home abuse in a legal sense. But what the law doesn’t provide is an understanding of why nursing home abuse happens. Just like nursing home abuse covers many different scenarios, so too does the factors and conditions in nursing homes that lead to abuse.

When Should I File a Lawsuit For Nursing Home Abuse in California?

The short answer to this question is the instant you’re able to prove that your elderly loved one is being abused. However, nursing home abuse can often be difficult to detect, let alone outright prove. This is because it often occurs when your elderly loved one is isolated and alone. Moreover, many nursing home residents in California have trouble remembering events because of a decreased mental capacity. Thus, it’s often up to bystanders or others to catch the abuse happening, and then doing the right thing and reporting it. While this can be frustrating, it’s important to understand what nursing home abuse typically looks like, as well as the warning signs that often accompany it. Most often, nursing home abuse occurs in the following ways:

• Not supplying the resident with basic needs, like food, water, or hygiene.
• Inadequate medical care, like failure to treat illnesses or injuries
• Improperly supervising the resident, leading to accidents or falls
• An overall failure to provide a clean and safe environment
• Mismanaging or neglecting medications
• Neglecting a resident with mobility issues for hours at a time 

As for the warning signs, most instances of nursing home abuse or neglect include the following indicators:

• Unexplained injuries such as bruises, welts, cuts, or broken bones.
• Sudden changes in behavior, including increased fear, anxiety, or depression.
• Sudden weight loss, malnutrition, or dehydration.
• Bedsores or other untreated medical issues.
• Unsanitary living conditions, such as dirty bed linens, a foul odor, or unsanitary bathrooms.
• Overmedication or improper use of restraints.
• Financial exploitation, such as unexplained withdrawals from bank accounts.
• Signs of physical, sexual, or emotional abuse, including bruises, broken bones, sexually transmitted diseases, or distress.
• Staff members who are unwilling to allow visitors to see the resident or answer questions about their care.
• A lack of attention to personal hygiene or grooming.

In looking at the causes and warning signs of nursing home abuse, it’s important to realize that your elderly loved one can be seriously injured or harmed by abuse or neglect. Thus, it’s important to not only take the necessary legal steps once you become aware of the abuse, but also take the necessary steps to get your loved one away from the nursing home, if possible. While there are procedures in place for filing a lawsuit, your loved one’s health and well-being should always be the top priority.

What Can Be Gained in a Nursing Home Abuse Lawsuit in California?

First and foremost, filing a lawsuit against a nursing home requires a certain amount of evidence and proof. However, once that is in place, the key to a nursing home abuse lawsuit is determining liability, which means figuring out negligence. In the context of nursing home abuse, negligence has four parts:

• Duty of care – The nursing home or caregiver owed a duty of care to the resident. This duty of care would typically involve providing adequate medical care and a safe living environment free from abuse and neglect.
• Breach of duty – The nursing home or caregiver breached their duty of care by by subjecting the resident to abuse or neglect.
• Causation – The nursing home or caregiver’s breach of duty was the direct and proximate cause of the elderly resident’s injury.
• Damages – The resident or their family suffered actual damages as a result of the resident’s injury.

Working with our team of experienced California nursing home abuse lawyers can not only help you determine every liable party but also will walk you through the steps for actually filing the complaint in civil court. Once your suit is filed, the following damages are available:

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

Another important element of a lawsuit is knowing the statute of limitations. In California, there is a two-year statute of limitations for a nursing home abuse lawsuit, which means that you have two years from the date of abuse or injury to file your lawsuit. Like any decision, it’s important to consider the potential time and financial commitment required for a lawsuit, as well as the emotional toll it may take. Before making a decision, it is recommended to seek advice from one of our qualified lawyers who can evaluate the situation and advise on the best course of action.

Work With Top Rated California Nursing Home Abuse Lawyers

If you or a loved one has suffered from nursing home abuse, it’s time to take action. Don’t let the abuse go unanswered and hold those responsible accountable. Maison Law is here to help. Our team of experienced California nursing home abuse lawyers has a deep understanding of the complex laws and regulations surrounding nursing home abuse. We will work tirelessly to ensure that your loved one receives the treatment, care, and justice they deserve. Contact us today to schedule a free consultation and take the first step towards holding those responsible accountable. Let us fight for you and your loved one.