When in a nursing home, it’s extremely important that a resident not only get the proper care that they need, but that they feel safe and protected. In California, nursing home abuse is an unfortunately common problem. Whether it be physical abuse that causes injuries or neglect that can increase the risk of things like falls, elderly nursing home residents are in an extremely vulnerable position.
One of the most common types of nursing home abuse in California is elder abandonment. Elder abandonment refers to the intentional or unintentional neglect of elderly individuals in the care of a nursing home. This is a serious issue throughout California that affects many elderly residents in nursing homes across the country. With an aging population, this problem is only expected to become more widespread unless steps are taken to address it.
Work With Maison Law’s Experienced California Nursing Home Abuse Lawyers
At Maison Law, our team of experienced California nursing home abuse lawyers has a firm understanding of California law and how it relates to nursing home abuse. More than that, though, we provide elderly nursing home residents with strong representation and a sympathetic ear in the face of nursing home abuse. We have a proven system of success in dealing with these types of claims and can make sure your elderly loved one is provided with the benefits and support they deserve.
To get started, contact us today for a free consultation.
What Is Elder Abandonment In a California Nursing Home?
Because elder abandonment is such a common form of nursing home abuse, California has not only put regulatory mechanisms and oversight in place to investigate and punish instances of abuse but there are also laws in place that refer specifically to elder abandonment.
California’s main law governing nursing home abuse, the Elder And Dependent Adult Civil Protection Act (EADACPA), defines elder abandonment as:
- The desertion or willful forsaking of
- Any elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
With a definition in place, it’s easy to see why elder abandonment is such a common issue in California nursing home abuse cases. Nursing home residents, especially those that require more direct, one on one care, are extremely dependent on their caregivers.
Whether they need medical care or simply need to be properly supervised so they don’t hurt themselves, nursing homes create an environment where residents are forced to rely on their caregivers that, in turn, are burdened with this heavy responsibility. Unfortunately, though, not every nursing home takes this responsibility seriously.
What Are the Causes of Elder Abandonment In California Nursing Homes?
Like any form of nursing home abuse, there are certain factors that lead to the causes of elder abandonment.
- Understaffing – One of the main reasons for elder abandonment in nursing homes is the lack of staffing and resources. Many nursing homes are understaffed, which leads to overworked and exhausted staff who may not have the time or energy to provide the care that their residents need. This frequently results in abandonment. In some cases, nursing home staff may even be actively involved in elder abuse, either through neglect or by physically or verbally assaulting residents.
- Lack of oversight – Another factor contributing to elder abandonment in nursing homes is the lack of oversight and regulation. There are many facilities that are not held accountable for the quality of care they provide, and residents are left without any means of reporting abuse or neglect. Furthermore, even when cases of elder abuse are reported, there are often few consequences for the perpetrators, which creates a culture of impunity and makes it even more difficult for victims to get the help they need.
Obviously, elder abandonment in nursing homes can have serious consequences for the health and well-being of residents. This treatment can, and often does, lead to physical harm, emotional distress, and even death. In addition, many elderly residents who are abandoned in nursing homes suffer from isolation and loneliness, which can have a profound impact on their mental health and quality of life.
How Does California Handle Nursing Home Abuse?
To address the problem of elder abandonment in nursing homes, California has devoted a significant number of resources to investigating, regulating, and penalizing nursing homes and caregivers that engage in abuse.
In California, there are a few different government agencies with the authority to investigate claims of nursing home abuse. However, the agency that has the main authority to do so is the California Department of Public Health (DPH), which is carried out by the Licensing and Certification Program (L&C). This division is charged with making sure nursing homes and other facilities are providing the standard of care that they are supposed to. They do this by receiving complaints of abuse or elder abandonment, then actually launching an investigation into the claim. The investigations usually consist of the following:
- Gathering evidence
- On-site inspections
- Determining findings
- Taking action
Along with the DPH, there are other agencies that have the authority to investigate complaints of abuse in nursing homes in California. These include:
- Department of Aging and Adult Services (DAAS)
- Local law enforcement
- California Attorney General (OAG)
While the ultimate goal of any investigation into elder abandonment or other forms of nursing home abuse is to immediately halt the conduct, there are more practical ways that you or any other representative of an elderly nursing home resident can hold nursing homes accountable for their actions: filing a lawsuit for damages.
Filing a Nursing Home Abuse Lawsuit in California
In a California nursing home abuse claim, there are a number of different parties that can be held potentially liable for any damages or injuries to your elderly loved one. In cases where your loved one was injured after they were abandoned by their caregivers, any of the following could be liable:
- The individual caregiver that abandoned the resident.
- The supervisor of the nurse or caregiver that was responsible for oversight
- The building supervisor, in the event that the resident was injured in a fall or other dangerous element of the premises.
- The person responsible for hiring or training staff.
- The company that owns or operates the nursing home facility.
Because there could be multiple liable parties, nursing home abuse claims can sometimes be fairly complex. However, once our team helps you determine the viability of your claim, the following damages are available:
- Medical expenses incurred as a result of the abuse
- Loss of income or wages
- Cost of rehabilitation or therapy
- Cost of moving to a different care facility
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for family members of the victim)
When you also consider the numerous records and other evidence that these claims require, it can quickly become overwhelming. That’s why working with our team of dedicated and experienced nursing home abuse lawyers can be so important. We know how to approach these cases so that your loved one is put in the best possible position to succeed.
Support and Assistance From Experienced California Nursing Home Abuse Lawyers
Nursing homes and their staff have the highest level of responsibility to their residents. This includes keeping them healthy and safe at all times. When they fail in this responsibility and abandon residents, serious injuries are almost inevitable. Don’t let nursing homes or their negligent staff members treat your loved one in this way. Contact us today to schedule a free consultation to learn how we can help you.
