One of the simplest forms of nursing home abuse is when a staff member or caregiver is reckless in their treatment or care of your elderly loved one. Under the basic definition of nursing home abuse refers to intentional or neglectful acts that cause harm or create a serious risk of harm to an older adult. Recklessness in this context means acting with disregard for the safety or well-being of others and can include acts such as physical abuse, financial exploitation, and neglect.
In California, the laws against nursing home abuse and the agencies responsible for enforcing them have the monumental task of covering the reckless treatment and abuse of residents. While there are indeed several legal and regulatory mechanisms in place to protect elderly nursing home residents, it is still an ongoing problem. Looking at the causes of reckless treatment of elderly residents, it makes it a bit easier to understand the root causes and how to combat such a serious issue.
California Nursing Home Abuse Lawyers You Can Trust
At Maison Law, we are well aware of the ongoing problem that is nursing home abuse. That’s why we take such pride in our approach to these cases. We have a wealth of experience and knowledge on the laws that surround this topic, and how we can apply it to your case. We strive to treat every client like family and will make sure that your elderly loved one is treated with the dignity they deserve at their nursing home. To learn more about our approach, contact us today for a free consultation.
Does California Have a Legal Definition of Nursing Home Abuse?
Because it is such a problem in California, the law has gone to great lengths to address nursing home abuse. Generally, nursing home abuse is against the law in California. More specifically, because it involves multiple different types of mistreatment, it carries both civil and criminal penalties.
Under California law, nursing home abuse is defined as any of the following:
- Physical abuse
- Neglect
- Financial exploitation
- Emotional abuse
- Sexual abuse
- Deprivation by a care custodian of goods or services that are necessary to avoid physical harm, mental suffering, or emotional distress.
As it relates to nursing home abuse, a “care custodian” refers to a person who has the responsibility for the care of an elderly or dependent adult in a nursing home. Thus, any of the following could be considered a “care custodian” under the law:
- An operator or owner of a nursing home.
- An employee of a nursing home, such as a nurse, aide, or administrator.
- A caregiver who provides care to residents of the nursing home.
- Any other individual who has responsibility for the care of an elder or dependent adult residing in a nursing home.
These individuals are defined as “care custodians” and are subject to California’s laws regarding the prevention and reporting of elder and dependent adult abuse in nursing homes. However, just because laws and regulations are in place doesn’t always deter or prevent nursing home abuse from happening, especially under certain conditions that may be present in your elderly loved one’s nursing home.
What Does Reckless Treatment Look Like At a California Nursing Home?
Obviously, the definition of nursing home abuse in California is rather broad. Broadly defining nursing home abuse allows the law to cover a wide range of different scenarios. The reality is, nursing home abuse usually presents itself in multiple scenarios, sometimes simultaneously. Reckless treatment clearly falls under the scope of nursing home abuse, but even that term is rather broad. So, in order to better understand what “reckless” treatment is, keep an eye out for the following examples:
- Not providing residents with adequate nutrition, hydration, or hygiene, resulting in weight loss, dehydration, or pressure sores.
- Hitting, slapping, or pushing residents, causing physical harm or injury.
- Yelling at, threatening, or intimidating residents, causing emotional distress.
- Touching residents inappropriately, making sexual comments or advances or engaging in non-consensual sexual acts.
- Stealing residents’ money or property, misusing their funds, or pressuring them to sign over assets.
- Administering excessive amounts of medication.
- Tying residents to beds or chairs without proper cause or authorization
- Allowing residents to live in unsanitary or hazardous conditions, such as exposure to bed sores, infections, or filth.
- Leaving residents unattended for extended periods of time, neglecting to provide necessary care.
These are just some examples of reckless treatment that can occur in a nursing home. While it can be difficult to actually witness, the warning signs of reckless treatment and abuse are important to recognize.
In the short-term, recognizing the treatment will allow you to move your elderly loved one to safety, and report any instances of abuse to the California Department of Public Health (DPH).
In the long-term, standing up to nursing home abuse will hopefully serve as a deterrent in the future, especially if the DPH launches an investigation into the practices of the particular nursing home.
How Does California Investigate Nursing Home Abuse and Reckless Treatment?
The California Department of Public Health (CDPH) investigates claims of nursing home abuse through its Health Facilities Complaint Investigation Unit. This unit is responsible for receiving and investigating complaints of abuse, neglect, and mistreatment in long-term care facilities. The process typically involves the following steps:
- Receiving the complaint – The first step is actually making a complaint to the DPH, which can be made through a toll-free hotline, in writing, or online. This will officially open an investigation into the nursing home.
- Gathering evidence – DPH investigators will then work to gather various forms of evidence when they receive a complaint about nursing home abuse. Generally, they gather this evidence through interviews with staff, residents, or family members. They also review relevant medical records, inspection reports, and other documentation.
- On-site inspections – Another way that the DPH gathers evidence is by conducting on-site inspections. This allows the investigators to get a firsthand look at the quality of care, enables them to identify any health and safety hazards, and verifies that the facility is in compliance with regulations.
- Determining findings – Based on the evidence gathered and the on-site inspection, the DPH will commission a report documenting the findings of the investigation. On top of any formal reprimand of abuse, the report will also make recommendations for corrective action that the nursing home will need to take to remain operational.
- Taking action – If the DPH finds evidence of abuse or neglect, it will issue a formal reprimand for the nursing home. Other types of enforcement actions that the DPH can take include levying fines and issuing orders that require the nursing home to correct its practices.
Overall, the top priority of any nursing home should be the effective care and treatment of its residents. In order to achieve that, the goal of an investigation by the DPH is to ensure that residents of these facilities in California receive safe and high-quality care, and likewise are not being abused or treated recklessly.
However, not every nursing home treats its residents as a top priority, even when the DPH orders them to do so. In these situations, your elderly loved one may have to pursue another option: filing a lawsuit.
Filing a California Civil Lawsuit Against a Nursing Home
The question of filing a lawsuit against a nursing home that is abusing or neglecting your elderly loved one often requires extensive research. However, at a basic level, filing a lawsuit is sometimes the only way to get a nursing home–more specifically, the company that owns and operates the nursing home in question–to stop and recognize that it is breaking the law.
In a California nursing home abuse lawsuit, your elderly loved one can potentially recover the following damages.
- 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)
It’s important to understand that a nursing home abuse lawsuit is not only complex but often requires the guidance of experienced lawyers. At Maison Law, our team is proud to stand up for these victims, and can help make sure that their nursing home is held accountable under California law for the abuse they are subjecting your elderly loved one and other residents to.
Work With Experienced and Dedicated California Nursing Home Abuse Lawyers
At Maison Law, not only will we make sure your elderly loved one is treated with respect and dignity, but that they are able to take every available route to recover what has been taken from them.
In most cases, our team of experienced and dedicated nursing home abuse lawyers will guide them through a claim against the nursing home, allowing them to recover financially. But more than that, we offer sympathy and an opportunity to be advocated for. Reckless treatment in a nursing home is completely unacceptable, and with our team on your side, we’ll make sure to put a stop to it.
To get started with a free consultation, contact us today.
