The issue of abuse and neglect is a troubling and unfortunate part of being a resident in a nursing home. California is no exception, with thousands of residents living in all manner of different types of care facilities throughout the state. Because nursing home abuse is a widespread problem in California, there are several legal and regulatory options for victims to utilize. But like any case, a nursing home abuse claim requires extensive proof of abuse or neglect, which presents its own problems.
Proving a case against a California nursing home can be a complex and challenging task. However, with the right evidence, it is possible to hold the nursing home accountable for any neglect or abuse suffered by your elderly loved one. With that in mind, here are several ways to build a strong case and prove your case against a California nursing home.
Contact Maison Law For a Free Consultation
At Maison Law, our team of experienced California nursing home abuse lawyers can help you increase your chances of holding the nursing home accountable for any neglect or abuse suffered by your elderly loved one. If you are considering a case against a California nursing home, don’t hesitate to contact us today for a free consultation.
An Overview of Nursing Home Abuse in California
Nursing home abuse in California is indeed a widespread problem. Not only that, but being the most populous state in the country means that without an increase in awareness and action, the problem may only continue to get worse. Data from the California Department of Aging (CDA) found that the state’s elderly population–the vast majority of which also makes up populations in nursing homes–is expected to grow nearly three times as fast as the total population in the state by 2060.
More importantly, there are over 118,000 available spots in our state’s 1,211 nursing facilities, according to data from the Long-Term Care Ombudsman. Of this nursing home population, there were:
- 7,056 complaints of abuse or neglect in 2021.
While this data shows the raw numbers of both our state’s nursing home population and their complaints of abuse, it’s also important to understand what laws are in place that defines nursing home abuse or neglect in California.
How Does California Law Approach Nursing Home Abuse?
Legally speaking, nursing home abuse and neglect in California is covered by the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). As the main law that governs nursing home abuse in California, this statute summarizes the various legal protections that nursing home residents have from abuse and neglect in their nursing home. More importantly, it provides a general guide for what treatment is and is not considered to be abuse. Specifically, the Act defines nursing home abuse as any form of:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Treatment that results in physical harm, pain, or mental suffering.
The law also establishes a framework for reporting, investigating, and ultimately punishing incidents of abuse. Under the Act, certain professionals and staff members at a nursing home– doctors, nurses, or supervisors–are required to report suspected abuse.
Elsewhere, the EADACPA gives the California Department of Public Health (CDPH) and law enforcement agencies the authority to investigate and prosecute abuse cases.
Lastly, the EADACPA also allows for civil lawsuits to be brought against nursing homes and any staff members that cause harm to elderly or dependent nursing home residents. While this is an option, it’s important to understand just how the legal process works in California.
How To Prove Your Case Against a California Nursing Home
While the law allows victims of nursing home abuse to file a lawsuit for damages in California, most elderly nursing home residents and their families may be wondering what exactly a nursing home abuse lawsuit entails. To that end, working with our team of experienced California nursing home abuse lawyers can not only explain what your options are, but what to expect from a claim.
First and foremost, the viability of any nursing home abuse claim relies on evidence. Unfortunately, nursing home abuse is often difficult to witness, as it usually occurs in one-on-one situations between the resident and their caregiver. At the same time, it’s not impossible. In fact, there are several ways that you can prove your elderly loved one is being abused by their nursing home. It often involves the following steps:
- Gathering Medical Records – The first step in proving your case is to gather all of the medical records related to the resident’s stay at the nursing home. These records will provide evidence of the resident’s condition before and after entering the nursing home, and will help to establish the extent of any neglect or abuse suffered.
- Documenting Signs of Abuse – While it can be difficult to actually observe abuse happening, there are always warning signs. Thus, it’s important to document any of these signs, like changes in your loved one’s behavior or physical condition that may be related to the abuse. Taking photos or videos of any injuries is also important, as it provides a visual representation of any abuse. You may also want to keep a record of any conversations you have with staff about suspected abuse, and if you do happen to actually witness abusive behavior, make sure to record the date, time, and location where it occurred.
- Obtaining Witness Statements – It is important to gather witness statements from family members, friends, and other residents who may have seen or heard about any incidents of neglect or abuse. These statements can help to build a stronger case and provide additional evidence to support your claims.
- Conducting a Physical Inspection – A physical inspection of the nursing home can help to uncover any conditions that may have contributed to the resident’s neglect or abuse. This may include issues such as insufficient staffing levels, unsanitary conditions, or inadequate equipment and supplies.
- File a Complaint with the California Department of Public Health – You can file a complaint with the California DPH if you believe that the nursing home has violated state regulations. The department will investigate the complaint and take appropriate action, which may include fining the nursing home or revoking its license.
All of these steps are necessary to prove your elderly loved one is being abused in their nursing home, but it’s also important to remember that every case is unique. Thus, the circumstance that surrounds your elderly loved one is an important context that a judge or jury will take into account.
At the same time, California law is definitely on the side of the abused or neglected. Thus, once you believe that they are being abused, you may want to consider filing a lawsuit against the nursing home.
Why File a Lawsuit For Nursing Home Abuse in California?
The ultimate goal of a nursing home abuse lawsuit against a California nursing home is to hold them accountable for their actions. Chances are, if abuse or neglect of residents is happening, it’s caused by the conditions and environment that the nursing home is fostering. Whether it be understaffed, overworked caregivers or simply failing to provide a safe and clean environment for residents, the nursing home and its staff can be held liable for any damage or injury to your elderly loved one under the law.
Once we help you determine the viability of a claim and file a lawsuit in civil court, your elderly loved one may recover the following damages:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages and earning capacity
- Loss of consortium
- Punitive damages
- Loss of quality of life
- Cost of moving to a new care facility
- Physical therapy and rehabilitation
- Funeral and burial expenses in cases of wrongful death.
Obviously, the particular circumstances and facts of your elderly loved one’s case will determine the extent of what they can recover. At the same time, a nursing home abuse lawsuit can be especially daunting for your elderly loved one. On top of any physical and mental damages caused by the abuse, having to relive the abuse and treatment can sometimes be extremely challenging. Still, having our team of compassionate and experienced lawyers on your side will provide the support and validation your elderly loved one needs to see the claim through.
Standing Up For Victims of Nursing Home Abuse in California
At Maison Law, we take pride in our ability to provide every one of our clients with first-rate legal services. But more than that, we strive to treat every client like family. Often, that means providing them with emotional support and compassion. Any lawsuit or claim requires a certain amount of courage and determination, and a nursing home abuse claim is no exception. But rest assured, with our team on your side, the process will be much easier. To get started with a free consultation, contact us today.
