There is no greater threat to the health and well-being of a nursing home resident than abuse and neglect by their caregivers. California treats cases of nursing home abuse and neglect very seriously, both through regulatory enforcement and legal mechanisms. Usually, the legal method of holding a nursing home accountable for its actions is through a lawsuit for damages. While this is indeed very effective, you may be wondering if there is a limit to the amount of compensation that can be recovered in a California nursing home abuse lawsuit.
Maison Law Can Help Victims Of Nursing Home Abuse in California
At Maison Law, we are proud to stand up for the rights of nursing home abuse victims throughout California. By working with our team of experienced and dedicated nursing home abuse lawyers, you can rest assured that not only will we work diligently to stop the abuse and neglect from happening, but will also guide you through the process of filing a lawsuit for damages. If you or your elderly loved one has suffered abuse or neglect at their nursing home, contact us today to schedule a free consultation to explore your legal options.
How Widespread Is the Issue of Nursing Home Abuse in California?
With so many elderly residents needing care in nursing homes throughout California, it’s no surprise that abuse and neglect are widespread issues. According to the California Office of the Long-Term Care Ombudsman, there were over 7,000 complaints of abuse in nursing homes in California in 2021. The same report also noted that, of these complaints, over 5,000 were registered by residents of nursing homes, with investigators completing over 45,000 inspections of nursing homes throughout the state in 2021.
While this data does indeed show that there are a significant number of complaints regarding nursing home abuse and neglect in our state, it’s important to understand that this data doesn’t really explore the depth of the problem because incidents of abuse and neglect must be reported and substantiated before any action can be taken.
The unfortunate reality is that, even with enforcement and awareness of the issue, many instances of abuse and neglect go unreported. This makes it difficult to understand how deep the issue actually goes.
Relevant Law
In order to combat the issue of abuse, California has a legal framework in place. Known as the Edler Abuse and Dependent Adult Civil Protection Act (EADACPA), the law aims to protect elderly individuals and dependent adults from abuse, neglect, and exploitation in nursing homes. It does this by establishing the following:
- Definition of abuse – The Act defines abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment that causes physical harm, pain, or mental suffering.
- Reporting requirement – Mandates that certain professionals, including healthcare providers, social workers, and peace officers, must report instances of suspected abuse to the proper authorities.
- Civil remedies – Allows for individuals who have been subjected to abuse to bring a civil lawsuit against the abuser, seeking damages for the harm suffered.
- Protective orders – Grants courts the power to issue protective orders to prevent further abuse, neglect, or exploitation.
- Criminal penalties – The Act also sets criminal penalties for individuals who commit abuse, neglect, or exploitation of elderly individuals and dependent adults.
- Elder abuse hotline – Provides a statewide toll-free hotline that individuals can call to report instances of suspected abuse.
- Training and education – Requires certain professionals, such as healthcare providers, to receive training and education in identifying and reporting instances of abuse.
Generally, the EADACPA and those agencies responsible for regulating and investigating nursing homes provide a solid foundation for understanding the issue of nursing home abuse. However, one of the issues that make nursing home abuse and neglect so difficult to pin down is the fact that many aren’t able to actually observe it happening. With that in mind, it’s important to understand the warning signs that always accompany nursing home abuse.
What Are the Indicators of Nursing Home Abuse in California?
Any understanding of nursing home abuse and neglect in California may come from awareness and education on the issue, but ultimately, it’s not until your elderly loved one is the one being abused or neglected in their nursing home that you will really experience how damaging of an issue it can be.
At the same time, the nature of nursing home abuse and neglect makes it extremely difficult to detect. Often, it’s not until the abuse or neglect has already happened that you or another loved one will be able to address the issue. Still, being able to recognize the various indicators of abuse or neglect can increase the chances that you’re able to catch it and hopefully rectify the situation.
Here are some of the more common indicators of nursing home abuse and neglect:
- Bruises, cuts, broken bones, or other physical injuries that are not consistent with the resident’s explanation.
- Unexplained weight loss, dry skin, or other signs of malnutrition or dehydration
- Bed sores or other hygienic issues
- Dirty living conditions
- Unusual financial activity
- Withdrawal or depression
- Fear or anxiety around specific individuals
As with any situation, It’s important to remember that these signs are not always indicative of abuse. However, it’s essential to have a thorough investigation before making any conclusions about how your elderly loved one is being treated. Nevertheless, if you have any concerns about the treatment of an elderly individual in a nursing home, it’s important to report your concerns to the appropriate authorities, either inside or outside of the nursing home.
How Much Compensation is Available in a California Nursing Home Abuse Lawsuit?
With the laws in place that govern nursing home abuse in California, one of the legal remedies is filing a lawsuit for damages. In some states, there is a cap on the amount of compensation that can be gained in one of these lawsuits. However, in California, there is no such cap.
That said, when you file a lawsuit for nursing home abuse in California, the damages and compensation that are available will revolve around the following:
- Medical expenses – Compensation for the cost of medical treatments and procedures related to the abuse or neglect.
- Pain and suffering – Damages for physical and emotional pain caused by abuse or neglect.
- Lost wages – Reimbursement for lost income as a result of abuse or neglect.
- Loss of consortium – Damages for the loss of a close relationship, such as a spouse or parent-child relationship, as a result of the abuse or neglect.
- Punitive damages – Damages designed to punish the defendant and discourage similar behavior in the future.
Again, determining the exact amount of compensation in a California nursing home abuse case is almost impossible, since the amount is exclusively dependent on the facts and circumstances that surround your elderly loved one’s case. Still, one way to make sure that every available route to compensation is taken is by working with our team of experienced nursing home abuse lawyers. With our resources and knowledge, we can ensure that your elderly loved one is fully compensated for their damages.
Experienced California Nursing Home Abuse Lawyers You Can Trust
At Maison Law, we take a great deal of pride in our ability to give every client a specific approach to their case. This includes victims of nursing home abuse and neglect. Our team of California nursing home abuse lawyers knows how to approach these cases to maximize your elderly loved one’s ability to be compensated for their damages. Nursing home abuse and neglect should never be tolerated, but if it’s happening to one of your loved ones, we can put a stop to it. Contact us today for a free consultation to learn more.
