For all of its protections and regulations regarding nursing homes, the state of California does not have a legal requirement for the ratio of caregivers to residents. Still, nursing homes are required to provide their residents with a safe and healthy environment, which includes providing them with adequate staffing levels. Unfortunately, many nursing homes in the state fail to meet this requirement and engage in negligent understaffing.
Negligent understaffing occurs when a nursing home fails to provide enough staff members to meet the needs of its residents. The consequences of negligent understaffing in California nursing homes can be devastating for both residents and their families. But it can also have an extremely negative effect on the actual staff of the nursing home as well. All of these factors are a recipe for nursing home abuse and neglect. What makes the situation even more frustrating is that negligent understaffing is often totally avoidable. Thus, it’s important to understand why it happens and how to combat it.
Let Maison Law Help You Hold Nursing Homes Accountable
Proving nursing home abuse in California can be a complex and challenging process. However, when your loved one is being abused or neglected in their nursing home due to understaffing, Maison Law will be there to help.
Our team of experienced, dedicated California nursing home abuse lawyers has a thorough understanding of the laws and regulations governing California nursing homes. If you believe that a loved one has been the victim of negligent understaffing in a California nursing home, it is important to take action. We can help you hold the nursing home accountable for its illegal actions. Contact us today to schedule a free consultation to learn more.
What is Negligent Understaffing At a California Nursing Home?
The top priority of any nursing home should be the effective care and treatment of its residents. There are a variety of ways to achieve this, but among the most direct and important ways is having the appropriate number of staff members to provide care to the residents. Nursing homes in California come in all manner of different facilities and services, but overall, the effective care and treatment are usually the sole responsibility of the staff members.
Negligent understaffing at a California nursing home refers to a situation where:
- The nursing home does not have enough staff members to properly care for the residents
- Leading to inadequate and substandard care.
The ramifications of negligent understaffing in a California nursing home are quite staggering. On top of the effect it has on the residents, it also has consequences for the few staff members, such as:
Residents
- Inadequate care – Residents may not receive proper attention, assistance, and medical treatment, leading to neglect and harm.
- Poor hygiene – There may not be enough staff to ensure residents are properly cleaned, dressed, and given enough opportunities to bathe.
- Malnutrition: Residents may not receive adequate nutrition and hydration if there is not enough staff to prepare and serve meals.
- Increased risk of accidents and injuries – Understaffing can lead to a higher risk of falls, bed sores, and other accidents or injuries.
- Quality of life decline – Residents may experience a decline in their overall quality of life if they do not receive adequate attention and care.
Staff Members
- Stress and burnout – Overworked and understaffed caregivers usually experience increased stress and burnout, which can lead to mistakes, neglect, and decreased quality of care.
- Decreased job satisfaction – Caregivers may feel undervalued and unsupported if they are not given enough resources and support to perform their jobs effectively.
- Compromised quality of care – Overworked caregivers may be more likely to make mistakes, overlook important details, and provide lower-quality care to residents.
- Higher turnover rate – Caregivers in an understaffed nursing home may be more likely to leave their jobs if they feel overworked, stressed, and unsupported, leading to increased costs and decreased stability for the nursing home.
- Negative impact on physical and mental health – Some caregivers that are in understaffed nursing homes experience physical and mental health problems as a result of the stress and burnout associated with understaffing.
Any way you look at it, understaffing in a nursing home is extremely dangerous. Not only does it put the residents at an increased risk of injury, but it ultimately hurts the productivity and ability of the staff to properly care for the residents. Still, understaffing is among the most common issues in nursing homes throughout the country, California included. The question is, then, how can you combat negligent understaffing?
What To Do About Negligent Understaffing in California
When a nursing home company fails to properly staff its facility, it puts everyone in the facility at risk. Still, many nursing home companies look to make a profit wherever they can. Most often, this means slashing costs by keeping only a certain number of staff members employed. Rather than address the issue, some of these nursing homes are content to simply have a revolving door of staff members in and out of the nursing home. While it may freshen up the roster of caregivers, it is yet another problem for residents.
In looking at negligent understaffing, it often leads to treatment or conduct that causes harm to residents. As such, it falls within the legal definition of nursing home abuse in California. At the same time, while it can be difficult to prevent, there are a few ways that you or other loved ones can combat the issue:
- Report the issue to the California Department of Public Health (CDPH) by calling the complaint hotline or by submitting a complaint form online.
- Contact the Long-Term Care Ombudsman Program, which advocates for the rights and welfare of residents in long-term care facilities, for assistance in resolving the issue.
- Voice your concerns to the nursing home administration and advocate for improved staffing levels.
Seeking help from the various government agencies or advocacy groups that fight nursing home abuse in California is a necessary step in holding nursing homes accountable for their actions. However, the most direct way to get the attention of a nursing home company that negligently understaffs its facility is to consult with our team of nursing home abuse lawyers and file a claim for damages.
Can I File a Lawsuit For Negligent Understaffing in California?
When your elderly loved one is being abused or neglected in their nursing home that is negligently understaffed, they are within their legal rights to file a lawsuit for damages. Filing a lawsuit against a nursing home does have its challenges, namely the fact that nursing homes are usually owned and operated by large companies with significant resources. However, with a successful claim, there are a number of benefits for both your elderly loved one and other residents:
- Financial compensation – First and foremost, the purpose of any nursing home abuse lawsuit is to recover damages, including medical expenses, lost income, and compensation for pain and suffering.
- Improved care – The lawsuit–or similarly, a complaint to the California Department of Public Health–may lead to changes in the nursing home’s policies and procedures, resulting in better care for residents in the future.
- Accountability – Holding the nursing home accountable for its actions can serve as a deterrent to future instances of abuse and neglect.
- Closure of the nursing home – In extreme cases, a lawsuit may result in the closure of a nursing home that has a history of repeated abuse and neglect. This will ensure that your elderly loved one will no longer suffer inadequate care in an understaffed nursing home.
- Awareness – By raising public awareness about the issue of nursing home abuse, a lawsuit can lead to increased scrutiny of nursing homes and increased pressure on the government to enforce regulations and improve standards of care.
Remember, every case of nursing home abuse is unique, and the outcome of a nursing home abuse lawsuit in California may vary depending on the specific circumstances involved. While it can be challenging, our team of experienced California nursing home abuse lawyers will be with you every step of the way, ensuring that your claim remains strong.
Contact Maison Law Today
Nursing home abuse should never be ignored. When negligent understaffing results in abuse or neglect of your loved one, you shouldn’t hesitate to contact our team of experienced California nursing home abuse lawyers at Maison Law.
We will work with you and your elderly loved one to gather any evidence of abuse and file a claim to hold the nursing home accountable. We will show the nursing home that their negligence will not be tolerated. Contact us today for a free consultation to get started.
