Countless families rely on nursing homes to care for their loved ones, and that comes with a lot of trust. For the most part, nursing homes in California do their part to provide the highest quality elder care for family members. Others, however, can fall short in their duties. When the latter is the case for your loved ones, it’s important that you know how to file a nursing home abuse claim in California.
What Is Nursing Home Abuse?
Nursing home abuse can take many different forms and encompasses emotional, financial, physical, and sexual abuse. It is a direct action taken against the elderly resident to cause them some form of harm.
How Can I Tell if My Loved One Is Suffering From Nursing Home Abuse?
In many cases, your elderly loved ones are not in a position to advocate for themselves, so it’s important to be able to identify the signs of potential elder abuse and neglect in a nursing home. Some common signs to keep an eye out for in your elderly loved one include:
- Bedsores or pressure ulcers
- Changes in demeanor or personality
- Drastic changes in their medical status
- Malnutrition and dehydration
- Medical mismanagement
- Unexplained injuries
If you notice any significant changes in your loved one’s condition, you have every right to take up your concerns with the nursing home. If you still don’t feel confident about the level of care they are providing after speaking with them, it’s wise to contact an experienced personal injury lawyer who can help you gather solid evidence to build your case.
Steps to File a Nursing Home Abuse Claim in California
If you think your loved one is being abused or neglected in their care facility, it’s crucial to act quickly before something irreparable happens. The very first thing to do is to remove them from any potential harm so you can focus on seeking recourse without stressing over their well-being.
Once you’re confident that your elderly loved one is safe and out of harm’s way, your next move is to contact a skilled elder abuse attorney to see if suing the nursing home is a viable option for you and your family. Here’s how to go about filing a nursing home abuse claim.
Document Everything
Evidence is going to go a long way when filing an elder abuse claim against a nursing home, so it’s important to keep track of any incriminating information that can bolster your case. This includes medical records, photographs, timestamped notes, and witness statements.
Report the Abuse
The California Department of Public Health (CDPH) investigates nursing home violations in facilities throughout the state. You can file an official complaint with them by calling your local district office or submitting the form online through the California Health Facilities Information Database.
You can also contact your local Long-Term Care Ombudsman office to report the abuse and local law enforcement if you require immediate action on behalf of your elderly loved one. If you are concerned that your loved one is suffering abuse or neglect, you should hire an elder abuse lawyer, who can help you:
- Collect evidence. By working with a skilled California elder abuse lawyer, you can gather more evidence with legal support, such as faculty documentation, incident reports, and medical records. Your attorney can also investigate the history of the nursing home to uncover a history of violations or other issues that can help with your case.
- File the case. Your lawyer can help you file an official complaint with a California civil court that names the defendants, outlines the abuse or neglect, and specifies the damages you’re seeking as compensation.
- Start settlement negotiations. Before your case goes to trial, it’s common to try to settle the issue outside of court through settlement negotiations with the nursing home’s legal team or insurance company.
- Proceed to trial (if necessary). If you’re not satisfied with the result of the negotiations, your case can go to trial, where your attorney presents the facts of the case before a judge or jury.
FAQs
Q: Is It Difficult to Sue a Nursing Home?
A: It can be challenging to pursue legal action against a nursing home, especially if you don’t have much experience with legal processes in California. Fortunately, suing a nursing home for negligence or abuse can be easier with a California personal injury lawyer on your side. A skilled attorney can help you navigate the legal process and build a solid case that gets you the compensation you deserve.
Q: What Is the Abuse and Neglect Policy in Nursing Homes in California?
A: The abuse and neglect policy in nursing homes in California is made up of state and federal laws put in place by agencies like the California Department of Social Services, the California Department of Public Health, and the Centers for Medicare and Medicaid Services to protect nursing home residents from potential mistreatment.
There isn’t one standard policy document that all nursing homes follow. Instead, individual facilities have their own policies in place that must align with state and federal regulations.
Q: What Are Examples of Negligence in Nursing Homes?
A: Negligence from a nursing home is different from abuse because it refers to the entity’s inaction causing a resident harm, instead of their direct action. Some examples of nursing home negligence include failing to provide proper nutrition, not assisting an elderly resident during potentially dangerous tasks, not providing a resident with the correct medications, or failing to meet the resident’s emotional needs.
Q: What Are Reportable Incidents in Nursing Homes?
A: Per requirements set forth by the California Department of Public Health and the Centers for Medicare & Medicaid Services, nursing homes in California are required to report certain incidents that can impact the well-being of their residents.
Reportable incidents typically refer to anything that can negatively affect nursing home residents, such as adverse events, alleged mistreatment violations, deaths, disease outbreaks, facility-related incidents, misappropriation of resident property, mysterious injuries, physical abuse, serious accidents, and suspicion of a crime.
Connect With a California Elder Abuse Attorney for Compassionate Legal Representation You Can Trust
If you believe a loved one has suffered harm due to negligence from a nursing home, the skilled professionals at Guenard & Bozarth, LLP, can help you understand your legal options and guide you toward a solution. Our goal is to hold negligent caregivers accountable and help our clients receive the compensation they deserve.
Call our office to schedule an appointment with our team, and we can begin formulating a plan that enhances your recovery and eases the pain you and your family have endured.
