Neglecting the care of a resident in a nursing home is one of the most common forms of nursing home abuse. Not only is neglect a serious issue in nursing homes throughout California, but it’s also a widespread problem virtually anywhere there is a patient-caregiver relationship. As it relates to nursing homes, neglect is a major issue because residents often have complex medical, physical, and emotional needs that require specialized care and attention.
When this care is not provided or is inadequate, residents can experience a range of negative consequences, from physical harm to an overall decrease in their quality of life. More than that, though, neglect is a betrayal of the resident-caregiver relationship. Most nursing home residents require direct, around-the-clock care to simply survive. When caregivers neglect their duty to the resident, it can cause irreparable harm to both the resident and the nursing home’s reputation.
Work With Experienced California Nursing Home Abuse Lawyers
Because nursing home neglect is such an ongoing problem in California, the likelihood that your elderly loved one will experience neglect in their nursing home is quite likely. At Maison Law, our experienced California nursing home abuse lawyers will make sure that every available path to compensation for this illegal treatment is taken for your loved one. With our experience and skill on your side, we can help you hold nursing homes accountable.
Contact us today for a free consultation to learn more.
Nursing Home Neglect Statistics
As one of the most common forms of nursing home abuse, neglect and the effects it has on residents have been widely studied and reported.
Data from the National Center on Elder Abuse (NCEA) found that:
- About 1 in 10 Americans aged 60 or older have experienced some form of elder abuse.
- Of these cases, approximately 44% involve neglect by a caregiver or other staff member at a nursing home.
Additionally, a study by the Government Accountability Office (GAO) found that from 2013 to 2017, there were::
- More than 16,000 complaints of neglect were reported in nursing homes across the United States.
Even with the prevalence of this data, the number of cases of neglect in nursing homes is likely to be much higher, as many cases go unreported. There are a variety of reasons neglect goes unreported, but the important thing to understand is that it’s crucial to raise awareness about the issue of nursing home neglect. One way to do that is to understand how neglect is defined.
How Is Nursing Home Neglect Defined in California?
In California, nursing home neglect is defined as the failure of a caregiver to provide adequate care for a resident, which leads to physical harm or a serious threat to the resident’s health or well-being. This can include failure to provide proper:
- Nutrition
- Hydration
- Hygiene
- Medical care
- Safe and clean living environment
Neglect in nursing homes can also lead to another scenario: self-neglect. Self-neglect occurs when a resident fails to properly care for themselves. This can include failure to properly manage their own hygiene, nutrition, or medical care.
Self-neglect can occur for several reasons:
- Cognitive impairment
- Depression
- Difficulty with physical mobility.
However, most cases of self-neglect occur as a response to the resident being neglected by their caregiver. In these cases, the self-neglect typically escalates and becomes a more serious problem, so it is important for nursing home staff to monitor residents closely and take appropriate action when necessary to ensure their health and safety.
Common Examples and Causes of Neglect and Self-Neglect in California Nursing Homes
With a definition of neglect and self-neglect in place, it provides a general outline of what treatment–or in this case a lack of treatment–constitutes neglect and self-neglect in a California nursing home. However, the reality is that neglect and self-neglect often manifest themselves in the following ways in a California nursing home:
Neglect
- Failure to provide proper nutrition or hydration
- Failure to assist with activities of daily living (ADLs), such as eating, bathing, dressing, and taking medication.
- Failure to properly manage medical conditions or administer medications
- Failure to provide a clean and safe living environment
- Failure to prevent or treat bedsores
- Failure to provide proper supervision to prevent accidents or injuries
Self-Neglect
- Refusing to eat or drink
- Neglecting personal hygiene
- Misusing or neglecting prescribed medications
- Hoarding or living in unsanitary conditions
- Refusing medical care or assistance with ADLs
Like other forms of nursing home abuse, the causes of neglect are often related to circumstances totally out of the resident’s control. When these circumstances come together, they often lead to neglect. Common causes of neglect in nursing homes include the following:
- Overworked or undertrained staff
- Insufficient staffing levels
- Poor management and supervision
- Financial constraints or cutbacks in resources
- Cognitive or physical impairments of the resident
- Mental health issues, such as depression or dementia
- Inadequate training or awareness of the importance of proper care
Recognizing these causes and potential warning signs of neglect is very important to handling the issue. In California, the law maintains that neglect is a form of nursing home abuse, and is therefore illegal. Further, the California Department of Public Health regulates nursing homes and investigates claims of abuse. As such, any evidence or confirmation of neglect or self-neglect should be reported immediately.
This is an important step in documenting abuse. However, another important step is to work with our team of nursing home abuse lawyers to file a claim for damages.
Filing a Nursing Home Abuse Lawsuit in California
When your elderly loved one is injured because they were being neglected in their nursing home, there are a number of potentially liable parties. This is because a nursing home abuse claim falls under the umbrella of a personal injury case.
In California, personal injury law is built around negligence, which is the determining factor in liability. Depending on the circumstances surrounding a nursing home abuse case involving neglect, any of the following parties could have acted negligently, and thus, would be liable for damages:
- The nursing home facility
- Employees of the nursing home (such as nurses, aides, and administrators)
- The management company of the facility
- Owner of the facility
- Healthcare providers responsible for a resident’s medical care
Nursing home abuse cases are often complex, especially with multiple liable parties. This can mean multiple insurance companies to deal with. Ultimately, though, the following damages are recoverable in a nursing home abuse claim in California:
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Lost wages
- Loss of consortium
- Punitive damages, in cases where the negligence was gross or reckless.
- Wrongful death
While a nursing home abuse claim can indeed be overwhelming, working with our team of dedicated and experienced nursing home abuse lawyers can be crucial. We have a wealth of knowledge in dealing with these claims and know how to approach them so that your loved one receives the benefits and support they are owed.
Connect With Our Experienced and Supportive California Nursing Home Abuse Lawyers
When you have to place your elderly loved one in a nursing home, it can be an extremely emotional and stressful decision. After all, you are placing their health and care in the hands of another person. Sometimes, this leads to instances of abuse and neglect. While unfortunate, it’s important to realize that this treatment is illegal.
At Maison Law, our team of experienced California nursing home abuse lawyers can help you and your elderly loved one better understand their legal options in the wake of this unacceptable treatment. We can help them understand that it’s not their fault that they’ve been abused and we can make sure that our legal support provides them with the care and treatment they deserve.
To get started with a free consultation, contact us today.
