Wrongful death and nursing home abuse are serious issues that every California resident and their loved ones should be well-versed in. As the most populous state in the United States, California is home to thousands of nursing homes, many of which have been the subject of abuse or neglect allegations.
While every type of nursing home abuse has harmful effects on the resident, some of this abuse or neglect results in the gravest of all outcomes: having your elderly loved one die. When your elderly loved one dies due to the negligence of a nursing home or caregiver, it is classified as wrongful death. In the state of California, there are numerous ways in which the surviving family can hold the nursing home accountable.
Maison Law Provides Support and Understanding
Although wrongful death and nursing home abuse are serious issues, California’s legal system provides victims and their families with a measure of justice. While the relevant laws and regulations are somewhat complex regarding nursing home abuse and neglect, what’s important to understand is that, as a surviving family member, you have legal options.
At Maison Law, our team of experienced California nursing home abuse lawyers can provide your family with the guidance and support needed to see a wrongful death claim through to the end. We strive to provide each and every one of our clients with a personalized approach to their case, as well as validation and sympathy in an incredibly difficult time.
If you would like to explore your legal options, contact us today for a free consultation.
How Can Nursing Home Abuse Cause a Wrongful Death in California?
When an elderly resident is in a nursing home, they are effectively placing their health and well-being in the hands of another person. Nursing homes are designed to provide residents with around-the-clock, comprehensive medical care and treatment. However, the reality is that most nursing home residents are dependent on their caregivers to simply make it through the day.
While it’s true that many deaths happen in a nursing home because of an extended illness or condition, the situation changes significantly when your elderly loved one’s death is caused by the abuse or neglect of nursing home staff. Cases of nursing home abuse and wrongful death are almost always entirely preventable. This is because the circumstances that surround abuse are often totally out of the resident’s control.
Like any other form of nursing home abuse, the potential causes of wrongful death in a nursing home cover a wide range of scenarios. These usually include:
- Neglect or abuse by staff members, including physical, emotional, or sexual abuse.
- Medication errors or failure to properly administer medications.
- Neglect of basic needs, such as food, water, hygiene, and medical care.
- Unsafe living conditions, such as insufficient heating, cooling, or lighting.
- Failure to prevent accidents, such as falls.
- Failure to address conditions like bed sores or infections.
- Improper restraint use or seclusion.
- Neglect of residents with dementia or mental health conditions.
- Failure to properly supervise residents, leading to accidents or wandering.
Obviously, there are many different factors that could cause a wrongful death in a California nursing home. But it’s also important to understand that not every case of death in a nursing home is considered wrongful. Thus, it could be helpful to look at what California law says regarding nursing home abuse and wrongful death.
How Does California Law Handle Nursing Home Abuse and Wrongful Death?
Legally speaking, nursing home abuse and wrongful death are two separate claims. California law defines wrongful death as:
- When the death of a person is caused by the wrongful act or neglect of another person or entity.
Likewise, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) outlaws all forms of nursing home abuse, which is understood to include any of the following actions:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any other treatment that results in physical harm, pain or mental suffering.
Taken together, these laws provide a framework for how to handle nursing home abuse that results in the death of an elderly resident. While death is probably the most serious and consequential outcome of abuse, it ultimately comes down to establishing negligence. Negligence, at least in the context of wrongful death and nursing home abuse, has four elements:
- Duty of care – The nursing home or caregiver owed a duty of care to the deceased person. This duty of care would typically involve providing adequate medical care and a safe living environment.
- Breach of duty – The nursing home or caregiver breached their duty of care by acting in a way that a reasonable person would not have acted or failing to act in a way that a reasonable person would have acted.
- Causation – The nursing home or caregiver’s breach of duty was the direct and proximate cause of the elderly resident’s death.
- Damages – The resident’s family suffered actual damages as a result of the deceased person’s death.
With negligence established, the surviving family members of the deceased resident could then bring a claim against the nursing home for damages. Ultimately, a number of different parties could potentially be liable, depending on the circumstances surrounding the resident’s death.
Filing a Wrongful Death Claim in California After Nursing Home Abuse
Again, the legal mechanisms for a wrongful death claim and a nursing home abuse claim in California are technically separate. However, in situations where the nursing home abuse caused the death of your elderly loved one, our experienced California nursing home abuse lawyers can help you or other family members file a lawsuit against the nursing home for both wrongful death and nursing home abuse.
In these claims, the following damages are generally available:
- Economic Damages – These include compensation for financial losses, such as medical expenses, funeral costs, and lost wages.
- Non-Economic Damages – These include compensation for intangible losses, such as pain and suffering, loss of companionship, and emotional distress.
- Punitive Damages – These are awarded in cases where the caregiver’s conduct was especially reckless or malicious, and are intended to punish the nursing home and deter similar conduct in the future.
Another important element of a wrongful death nursing home abuse claim is the statute of limitations. A statute of limitations is the deadline by which you can properly file a complaint in civil court. Even though they are two separate claims, both a wrongful death claim and a nursing home abuse claim have a two-year statute of limitations in California. Thus, you must file a lawsuit within two years of either the abuse or your elderly loved one’s death.
It’s important to note that the availability and amount of damages in a wrongful death nursing home abuse claim will depend on the specific facts of each case. Working with our experienced nursing home abuse lawyers can help assess the potential damages and expertly guide your family through the legal process.
Work With Experienced California Nursing Home Abuse Lawyers
No matter what the circumstances are, it’s devastating to lose a loved one in an accident. However, when your elderly loved one’s death is caused by the illegal or wrongful actions of a nursing home, it is an unthinkable tragedy.
At Maison Law, we know how difficult and painful a wrongful death claim can be. That’s why we strive to provide our top-rated legal services to victims’ families, providing them with the legal and emotional support they need to make it through an extremely difficult time.
If your loved one was killed as a result of nursing home abuse, we want to help. Contact us today for a free consultation.
