When you have an elderly loved one in a nursing home, you have a certain expectation for how they will be cared for and treated. Most nursing homes provide their residents with excellent care, but unfortunately, one of the most pressing issues for elderly residents in nursing homes throughout California is abuse. Nursing home abuse happens for a variety of different reasons, but the effects it can have on your loved one’s health and well-being is extremely serious.
Another issue with nursing home abuse is that it is a rather broad topic. There are seemingly endless ways that a resident can be abused by their caregiver and even by the nursing home facility itself. In order to combat this problem, the state of California has taken steps to ensure that there are legal and regulatory mechanisms in place that protect your elderly loved one when they are under the care of a nursing home. Still, even with these safeguards in place, nursing home abuse still happens.
Hold California Nursing Homes Accountable For Abuse With Maison Law
If your elderly loved one is housed in a nursing home or other care facility in California, you know how vulnerable they are. At Maison Law, our team of experienced California nursing home abuse lawyers can help you understand what legal options you have against this unacceptable conduct. Not only that, but we will stand up for your loved one and other elderly residents to make sure that the nursing home and its staff members that engage in abuse are held accountable.
To get started with a free consultation, contact us today.
How Is Nursing Home Abuse Defined In California?
Because it is such a widespread problem throughout California, our state government has devoted significant resources to understanding, regulating, and investigating nursing home abuse.
Data from the Office of the Attorney General (OAG) found the following relating to nursing home abuse in California:
- Nearly 110,000 elderly residents reside in the state’s 1,300 licensed nursing home facilities.
- 150,000 elderly people reside in the state’s 7,500 licensed care facilities.
- 150,000 more elderly people reside in unlicensed assisted living facilities.
- Of all the complaints made to the California Long-Term Care Ombudsman, 13% involve nursing home abuse.
Legislatively, there are two main agencies that deal with nursing home abuse:
- The California Department of Public Health (DPH)
- The California Department of Aging and Adult Services (DAAS)
The California Department of Public Health (DPH) is responsible for both regulating and enforcing our state’s various laws in place that govern nursing home abuse. It provides victims of nursing home abuse with the ability to file a complaint with the DPH, which then investigates and can ultimately punish the particular facility that is engaging in abuse.
Elsewhere, the California Department of Aging and Adult Services (DAAS) Office of the Long-Term Care Ombudsman also has the authority to investigate and punish nursing home abuse.
The main law that handles nursing home abuse in California is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The Act outlines the various protections elderly nursing home residents have against abuse in California, and also provides a standard definition of what treatment is considered to be abuse. Under the EADACPA, nursing home abuse can be any of the following:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any treatment that results in physical harm, pain or mental suffering.
Although the law provides a definition of nursing home abuse and can carry out swift and severe punishments when a nursing home is caught abusing its residents, it still doesn’t stop abuse from happening. Ultimately, understanding the different types of abuse that occur in nursing homes can help you and other elderly residents be more aware and deter it from happening.
What Are the Different Types of Nursing Home Abuse in California?
Again, nursing home abuse encompasses a wide range of different treatments and scenarios. Moreover, there is no singular reason that abuse occurs. While there are certain factors–overworked staff members, inadequate training, poor living conditions–that are present in every case of abuse, it can still be difficult to identify the cause and even if abuse is actually happening. Still, let’s take a look at the most common types of nursing home abuse that happen in California:
- Physical Abuse – Physical abuse in nursing homes includes physical assault, like a staff member or other resident hitting, slapping, pushing, or using other forms of physical force against a resident. This type of abuse can cause serious injuries, including bruises, cuts, and broken bones.
- Neglect – Neglect is another common type of nursing home abuse. It involves the failure of staff or caregivers to provide basic needs such as food, water, medical attention, and hygiene. This can result in a whole host of health problems, like dehydration, malnutrition, and other serious health issues. Neglect can also lead to injuries when the resident falls or isn’t being supervised properly.
- Emotional Abuse – Another extremely common form of nursing home abuse is emotional abuse. This refers to any behavior that causes the resident emotional distress, such as name-calling, humiliation, intimidation, or isolation. Emotional abuse has a disastrous effect on your elderly loved one’s mental condition, which is likely already precarious because of the environment they are in. Emotional abuse can exacerbate this and can lead to depression, anxiety, and a decline in mental health.
- Sexual Abuse – Because elderly residents are so dependent on around-the-clock, one on one care, sexual abuse is another common type of nursing home abuse. Sexual abuse is any non-consensual sexual contact or activity. This type of abuse can cause physical and emotional trauma, and increase the risk of sexually transmitted infections.
- Financial Abuse – Often, elderly nursing home residents have financial resources that they can’t always protect. Thus, they are ripe for financial abuse while they’re in a nursing home. Financial abuse is the misuse or theft of an individual’s assets, including money, property, and personal information. This type of abuse can leave individuals without the means to support themselves and their families.
Often, the nursing home that fosters environments of abuse lead to multiple instances of the types of abuse across many different residents. And while residents can’t always protect themselves from abuse, it’s important for families or even other caregivers to stay vigilant when they either witness abuse happening or suspect that it is occurring. Reporting abuse to administrators or the DPH can often nip abuse in the bud before it gets worse. At the same time, knowing how to stop abuse before it starts is another way to protect your elderly loved ones.
How Can I Protect My Loved One From Nursing Home Abuse in California?
While you can’t always prevent nursing home abuse from happening, there are a few ways that you can protect your elderly loved one in a nursing home in California. Like anything else, it involves vigilance and effort. Here a few ways you can protect your loved one from nursing home abuse:
- Choose a reputable nursing home
- Regularly visit and stay in touch
- Review their medical records
- Be aware of changes in behavior
- Get to know the staff
- Report any suspicions of abuse
Ultimately, protecting your loved one from nursing home abuse in California requires you to be involved and present. While you do have to respect boundaries, once you suspect abuse is occurring, it’s extremely important that you alert the facility. This will put them on notice, and from there they can either remedy the problem, or they will be in a position where their inaction will have serious consequences for them.
California Nursing Home Abuse Lawyers You Can Trust
Nursing home abuse is among the biggest betrayals that can happen to an elderly person. Often, they are in a nursing home because they are unable to care for themselves in the way that they would like to. As such, they are dependent on someone else to take care of them. When a nursing home allows abuse to go on, it is entirely unacceptable.
At Maison Law, our team of experienced, skilled California nursing home abuse lawyers takes pride in our ability to help victims of this totally unacceptable conduct. We have a proven track record of success in handling nursing home abuse claims and you can put your trust in us that we will stand up for your loved one and other residents that are suffering abuse.
If you suspect that your elderly loved one is being abused in their nursing home, contact us for a free consultation.
