Nursing home abuse and neglect are among the cruelest forms of mistreatment you will come across in California. Very often, it involves either the direct physical abuse of a resident by a staff member of the nursing home or the overall lack of providing the necessary care that a resident needs to survive. Any way you look at it, nursing home abuse and neglect is the ultimate betrayal of the resident-caregiver relationship.
While there are laws and regulations in place that handle nursing home abuse and neglect in California, it’s often up to the loved ones of elderly residents to both uncover evidence of abuse, report it to the necessary authorities, then take steps to hold the nursing home and its staff accountable for their actions. One of the most direct ways to do this is to file a lawsuit for damages.
Skill and Expertise From California Nursing Home Abuse Lawyers
Understanding the legal process and what exactly damages are in a California nursing home abuse lawsuit requires the expertise and guidance of experienced nursing home abuse lawyers. At Maison Law, we can provide just that. Our team has the skill and knowledge necessary to make sure that your elderly loved one gets the care and treatment they deserve in a nursing home. If you believe that your elderly loved one or any other resident is suffering abuse or neglect at their nursing home, contact us today for a free consultation.
What Laws Are In Place Regarding Nursing Home Abuse in California?
When nursing home abuse occurs in California, there are two main mechanisms for dealing with it. First, the California Department of Public Health (DPH) is responsible for doing the following with regard to nursing homes in the state:
- Enforcement
- Regulation
- Licensing
- Certification
- Investigation
- Discipline
Procedurally, a complaint of abuse in a nursing home initiates an investigation where the DPH gathers evidence through a review of records, interviews, and on-site inspections. Then, after inspecting the conditions of the nursing home, the DPH will issue a ruling that may include fines, sanctions, or other punishments.
Legally speaking, nursing home abuse and neglect is prohibited under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law makes any form of the following illegal:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any treatment that results in physical harm, pain, or mental anguish.
Not only does the EADACPA define the treatment that can be considered abuse, but it also outlines the various penalties for nursing homes that engage in abuse and neglect of their residents. In California, nursing home abuse is not only carries civil liability but is also considered a criminal act. Thus, when a nursing home or staff member abuses or neglects a resident, not only can the nursing home be held civilly liable for any damages, but they could also be held criminally responsible with fines and even jail time.
What Does Nursing Home Abuse and Neglect Look Like in California?
For all its regulations and legal framework, actually uncovering nursing home abuse and neglect can sometimes be very difficult. The reasons for this vary, but they often revolve around the fact that they occur when the resident is isolated with their caregiver, meaning there are no witnesses. Also, abuse and neglect can cover a wide range of different forms of treatment. Thus, it’s often hard to pinpoint the behavior and figure out if rises to the level of abuse.
Still, like any other issue, there are always warning signs of nursing home abuse and neglect. These usually include things like the following:
- Bruises, pressure marks, or injuries that cannot be explained.
- Unexplained changes in behavior, such as becoming withdrawn or aggressive.
- Sudden weight loss or malnutrition.
- Dehydration or infections.
- Poor hygiene, dirty living conditions, or unsanitary care.
- Withholding of food, water, or medication.
- Staff members who seem unresponsive to the resident’s needs.
- Residents who are afraid of or avoid specific staff members.
- Bedsores or other signs of neglect.
- Unexplained disappearance of personal items or money.
It’s important to note that some of these signs can also be indicative of other health problems or conditions, so it’s best to consult with a healthcare professional if you suspect abuse. But there is another way to make sure that the nursing home and its staff are held accountable for allowing abuse or neglect of its residents: filing a lawsuit for damages.
What Are “Damages” in a California Nursing Home Abuse Lawsuit
Generally speaking, “damages” in a California nursing home abuse lawsuit refer to the monetary compensation awarded to the person filing the lawsuit for harm suffered as a result of the responsible party’s negligent and wrongful actions. Because a number of different parties in a nursing home could be considered negligent when allowing abuse, each party would be liable for any injuries or damages your elderly loved one suffered. Usually, these include the following:
- The person responsible for hiring or training staff
- The company that owns or operates the nursing home facility
- The individual caregiver
- The supervisor of the nurse or caregiver
- The building supervisor
In a nursing home abuse case, damages are split into two categories: economic and non-economic. Economic damages refer to the monetary compensation awarded to the resident for actual financial losses suffered as a result of the abuse. They may include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
Non-economic damages in a California nursing home abuse case refer to compensation awarded to the resident for intangible harm suffered as a result of the abuse. Non-economic damages are usually more difficult to quantify since it varies from person to person. Still, some examples of non-economic damages in a nursing home abuse case may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Lastly, if the abuse or neglect was considered to be grossly negligent and reckless,–as is often the case–punitive damages may be awarded. Punitive damages are monetary compensation awarded to the resident over and above actual damages. The purpose of awarding punitive damages is to punish the defendant for their wrongful actions and to deter similar conduct in the future.
In California, punitive damages are usually be awarded in a nursing home abuse case if the nursing home’s conduct was determined to be:
- Malicious
- Oppressive
- Fraudulent
The goal of punitive damages is to penalize the nursing home or other responsible party for their conduct and send a message that abuse, neglect, or other types of that behavior will not be tolerated.
Contact Experienced California Nursing Home Abuse Lawyers Today
When your elderly loved one is being abused or neglected in their nursing home, it can be extremely frustrating. Every nursing home and its staff should have the best interest of their residents in mind when they work to treat and care for them. Unfortunately, this is not always the case. In these situations, our experienced California nursing home abuse lawyers can help. Contact us today to set up a free consultation to learn more.
