Who Can Sue a Nursing Home in California?

In California, nursing home abuse and neglect affect thousands of elderly residents every year. Data from the California Long-Term Care Ombudsman, which is a program run by the state government that provides advocacy and support for residents of long-term care facilities like nursing homes, found that there were:

• Over 19,000 complaints were made about abuse, neglect, or other mistreatment in California nursing homes in 2021 alone.

Obviously, the number of complaints shows that nursing home abuse and neglect is an ongoing issue in California. At the same time, our state has gone to great lengths to combat it. Programs like the Long-Term Care Ombudsman are only one part of the equation when it comes to raising awareness of nursing home abuse and putting mechanisms in place to fight it. There is also the law, which allows victims and their families to file civil lawsuits against nursing homes and their staff that engage in abuse and neglect of residents.

Maison Law Stands Up For California Nursing Home Abuse Victims

At Maison Law, we believe strongly that every resident in a nursing home deserves the best possible treatment and care. When your elderly loved one begins to suffer any form of abuse in their nursing home, our team of experienced and dedicated California nursing home abuse lawyers will be there to stand up for their rights. With our proven track record of success in fighting for these clients, we can make sure that the nursing home and its various staff members are held accountable for allowing abuse or neglect to happen. To get started with a free consultation, contact us today.

How Will I Know If My Loved One Is Being Abused in a California Nursing Home?

Even though nursing home abuse is common across facilities in California and throughout the country, that doesn’t mean that it’s easy to figure out. In fact, one of the biggest issues with nursing home abuse is that it is often difficult to detect. There are several reasons for this, such as:

• Lack of physical evidence
• Fear of retaliation
• Cognitive impairment of residents
• Isolation
• Limited access to residents

These factors can make it challenging to detect nursing home abuse, which is why it is important for family members, friends, and staff to be vigilant and report any suspected abuse to the proper authorities.

Part of that equation means learning the warning signs that will tell you if your loved one is being abused or neglected. While it may be difficult to definitively know that your loved one is being abused in their nursing home, keeping an eye out for the following indicators will give you  a better idea that abuse or neglect is indeed happening:

• Physical signs, such as bruises, cuts, or scars, especially in unusual places.
• Behavioral changes, like depression, anxiety, fear, or withdrawn behavior.
• Health problems, like sudden weight loss, malnutrition, or dehydration.
• Unexplained changes in medication or treatment, including sudden changes to medications or treatments without a medical explanation.
• Poor hygiene or neglect of personal hygiene, such as not bathing or wearing dirty clothing.
• Staff refusal to allow visits – If staff are not allowing you to visit your loved one or are making it difficult to visit, chances are they are subjecting your elderly loved one to abuse.

Once you understand these indicators, it’s important to have a plan in place for what to do next. In California, the Department of Public Health is the main government agency that is responsible for regulating and investigating complaints of abuse in a nursing homes. As such, once you’re able to have a sufficient belief that your elderly loved one is being abused or neglected, filing an abuse complaint with the DPH will initiate an investigation of the nursing home, and hopefully, will uncover proof of abuse or neglect.

From there, the evidence can be used in a civil lawsuit against the nursing home or any other liable party.

Who Is Liable for Nursing Home Abuse in California?

In California, as in other jurisdictions, there are several parties who may be held liable for nursing home abuse. Legally, a nursing home abuse case in California is considered a personal injury claim, meaning that negligence will ultimately determine liability. In the context of nursing home abuse, negligence has four elements:

• The nursing home must have a duty to provide reasonable care to its residents.
• The nursing home must have breached its duty of care by failing to meet the standard of reasonable care.
• The breach of duty must have caused harm to the resident.
• The resident must have suffered actual harm or damages as a result of the breach of duty.

With negligence established, a number of different parties could then be held responsible for any injuries or damages caused by abusive or neglectful treatment of a resident. Usually, though, the following parties are considered liable in nursing home abuse cases:

• The nursing home.
• The staff of the nursing home, including individual caregivers and their supervisors.
• The administrative staff at the nursing home, especially in instances of negligent hiring.
• The owners of the nursing home.
• The healthcare providers or contractors that worked at the nursing home.

Like any other claim, there are a unique set of circumstances to your elderly loved one’s individual claim of abuse or neglect. As such, these will factor into any damages that are available to be awarded in the event that they are successful in their lawsuit against the nursing home or other liable party.

Who Can Sue a Nursing Home in California?

Generally speaking, California law allows any victim of nursing home abuse to file a lawsuit for damages. However, nursing home abuse and neglect cases are unique in that the victim–usually an elderly person with diminished physical or mental capabilities–isn’t always able to pursue the claim. Thus, the law allows for families of nursing home residents to pursue the claim on their behalf. Specifically, though, the following people are able to sue a nursing home for damages in California:

• The victim – The individual who suffered the abuse or neglect has the right to sue the nursing home for damages.
• The victim’s family members – Family members of the victim, such as a spouse or child, may also have the right to sue the nursing home for damages if they have been negatively impacted by the abuse or neglect.
• The victim’s legal representative – If the victim is unable to file a lawsuit due to their age, health, or other reasons, their legal representative, such as a conservator or guardian, may file a lawsuit on their behalf.

In certain cases, our state government may also bring a lawsuit against the nursing home on behalf of the victim if there has been a violation of state laws or regulations. Ultimately, though, there is a dual purpose to any California nursing home abuse lawsuit: recover financial damages for the victim and hold the nursing home and any other liable party accountable. Damages in a nursing home abuse lawsuit usually include the following:

• Medical expenses
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Mental anguish

Even though nursing home abuse cases are indeed usually very traumatic for the victim, every lawsuit is a gamble and there is never a guarantee of a positive outcome. However, by working with our team of experienced California nursing home abuse lawyers, we can help guide your loved one through the process and make sure that every possible hurdle to compensation is cleared.

Contact Maison Law Today To Stop Nursing Home Abuse

If you or a loved one has suffered abuse or neglect while in the care of a California nursing home, it’s important to take immediate action. Our team of qualified nursing home abuse lawyers at Maison Law can discuss your case and help you understand your legal options.

With the right team by your side, you can fight for the benefits and support you or your loved one deserves and can also help ensure that such abuse and neglect never happens to another nursing home resident. Don’t hesitate to contact us today to schedule your free consultation.