legal resources necessary to hold negligent facilities accountable.
California Nursing Home Abuse Lawyers
The California nursing abuse lawyers at Nursing Home Law Center at (800) 926-7565 represent injured residents harmed through negligence and wrongdoing. Contact us today for a free consultation to discuss your compensation claim.The State’s Poor Caregiving Facility Record
Inspectors with the Centers for Medicare and Medicaid Services found severe deficiencies and violations at 306 (twenty-six percent) of California's 1200 nursing care facilities, defects which resulted in substandard care. It has been estimated that one out of three CA senior care centers fails to provide the required minimum of 3.2 nursing hours to each patient every day.
Meanwhile, the need for long-term care services will only keep increasing. According to the state's Department of Aging, the population aged sixty years and over is expected to grow more than three times as fast as the total population in the next four decades, and this growth will vary by region.Nursing Center Abuse Injury FAQsWho Can Be An Abuser?
According to RAINN (Rape, Abuse & Incest National Network), abusers can be male or female, intimate partners, family members, caregivers, other patients, or friends, helping or visiting a patient in a nursing facility. The assaulter could be anyone known by affinity (in-laws), past relationship, blood relative, or marriage.
The predator could cause physical, emotional, sexual, mental, or financial abuse. Typically, the victim is a vulnerable child or adult suffering injury through intimidation, threatening, coercion, physical abuse, sexual assault, isolation, emotional abuse, financial exploitation, humiliation, or blaming.
Sadly, most abusive cases are unreported because victims live in fear or suffer from developmental delay or other medical conditions that cause them to remain silent.What Is Abuse in Nursing Homes?
The National Institutes of Health identify elder abuse in nursing homes as a serious problem that harms over five million senior citizens annually. Sadly, many of these cases are unreported.
Government agencies recognize that victims usually know their abuser and see them as trusted friends, caregivers, visitors, or other residents. Most victims are vulnerable adults suffering from disabilities or dementia.
The CA Elder Abuse and Dependent Adult Civil Protection Act identifies elder abuse in care facilities as serious bodily injury, sexual assault, injury to the victim's genitals/anus, assault with a deadly weapon, assault with force, broken bones, and wrongful death.What Is The Average Stay In a Nursing Home Before Death?
A study released by the University of California-San Francisco revealed that residents' average stay in eldercare facilities is about 13.7 months. The average age of an assisted living facility resident is approximately eighty-three years old.
Women tend to stay longer in a nursing facility (eight months) than men (three months). Approximately fifty percent of all residents will die within the first six months after their admittance into the rehabilitation center.Can I Move My Mother From One Nursing Home To Another?
Information released by the National Institutes of Health reveals that federal and state laws protect rehab center residents from unfair discharges and improper transfers to another facility. Medicare and Medicaid regulations strictly forbid administrators from transferring residents to another skilled nursing facility or discharging them to home unless:
- The facility is permanently closing
- The patient failed to cover their medical expenses when required
- A transfer or discharge to another location is necessary to ensure the patient's health, safety, or well-being
- The resident's medical condition has declined so severely that the nursing staff is unable to meet their needs
- The patient's medical condition has improved significantly where hygiene assistance, medical care, or drug administration at the facility is no longer required
The National Institutes of Health identify resident neglect as a designated caregiver's failure to meet the dependent's needs. Often, the nursing staff or other residents compromised the resident's safety through neglect, mistreatment, or physical assault.
Typical forms of resident neglect involve:
- Leaving the victim unattended
- Not providing the resident with routine baths and showers upon request or schedule
- Chronicle failures to administer prescription drugs, according to the doctor's orders
- Allowing the resident to live in an unclean environment
- Failing to provide the resident with necessities including shelter, food, water, and hygiene assistance
- Dismissing or ignoring the resident's grievances or complaints
- Not answering the resident's call light within a reasonable time frame
Every victim of nursing home neglect or abuse has a legal right to file a civil lawsuit to receive financial compensation for losses and damages. However, successfully resolving the case might be challenging.
The victim, or their lawyers, must prove that negligence resulted in their injuries. The attorney might show how staff members, or the facility, neglected to meet the resident's needs. Proving a case could involve:
- Documenting eyewitness accounts
- Gathering audio, photographic, and video evidence that might involve surveillance cameras
- Taking depositions to record the testimony of participators
- Referring the victim to specialists to undergo additional diagnoses to determine the extent of the harm involving their disorder, injury, or mental health status
Contact the California personal injury attorneys at Nursing Home Law Center today to discuss your case. Our CA nursing home abuse attorneys currently represent neglect and abuse victims throughout California, including in Los Angeles, Oakland, Orange County, Riverside, Sacramento, San Diego, San Francisco, and San Jose.Laws Protecting Nursing Residents
The state has enacted laws designed to protect older adults' welfare, including those residing in nursing homes, primarily through the Welfare and Institutions Code and the Health and Safety Code.
- Elder Abuse and Dependent Adult Abuse Civil Protection Act (CA Welfare & Institutions Code, §§15630-15632)
- Protective Placement and Custody of Endangered Adults (CA Welfare & Institutions Code, §15700, et al.) provides for emergency protective custody of a vulnerable adult suspected of being the victim of neglect or abuse. Suspected abuse resulting in physical harm must be reported to local law enforcement authorities as soon as possible.
- Mello-Granlund Older Californians Act provides for state long-term care ombudsmen charged with investigating reports of abuse and monitoring the care and treatment of adults sixty or older in nursing homes and other residential care facilities.
- Health and Safety Code (§1250(c)) maintain that nursing homes are supposed to provide continuous "skilled and supportive care" to residents. Because of their vulnerable state, elders in nursing homes are required to receive 24-hour inpatient care, proper nutrition, medical services, exercise, and activity services.
A nursing home negligence attorney can help you pursue remedies for violations of any of these laws.
Are you the victim of abuse in a CA nursing center? If so, attorney James M. Morgan, Esq. and our other CA elder abuse lawyers can investigate your concerns and help ensure your family member is safe. Call (800) 926-7565 toll-free for a no-obligation consultation.Nursing Home Abuse & Neglect Attorneys
Entrusting the care of a spouse, parent, grandparent, sibling, or child to a nursing home could be a difficult decision for a family to make. When you must take that step, you expect that the nursing home staff will strive to provide the best care and protection possible to your loved one.
You never expect to learn they have suffered abuse or neglect in a nursing facility. Unfortunately, as the U.S. population ages and the understaffed nursing care industry struggles to maintain professional standards in the face of growing need, poor patient treatment continues to be a mostly hidden problem.
While the exact prevalence of San Diego nursing home abuse and neglect nationwide remains unknown, experts believe it to be quite pervasive. The National Center on Elder Abuse (NCEA), and the Centers for Disease Control, have concluded that most of the abuse likely goes unreported due to challenges involved in gathering accurate data and deficiencies with state reporting.
But the statistics that are known are sobering:
- Most victims of elder abuse tend to be female
- Victims of elder abuse are three times more likely to be admitted to a hospital than aged persons who are not abused
- Older people who experience even modest levels of abuse have a 300 percent higher risk of death compared to those who have not been abused
Was a family member injured, neglected, abused, or did they die unexpectedly from mistreatment while living at a nursing facility? If so, we invite you to contact the nursing home abuse and neglect lawyers at Nursing Home Law Center today
Let us begin obtaining compensation on your behalf to ensure your family receives the monetary recovery you deserve.
Affiliated attorney Anthony Lanzone serves victims of nursing home abuse and neglect across California. Mr. Lanzone's primary office is located at 5001 Airport Plaza Drive, Suite 210, Long Beach, CA 90815.Federal Laws Governing Nursing Home Care
The U.S. Congress has enacted several laws designed to protect vulnerable elderly patients, which apply to all long-term care facilities in the United States.
- The Nursing Home Reform Act was passed in 1987 to establish basic standards of care for nursing home residents and set forth fundamental rights. These include, among others, the right to be free from abuse, mistreatment, and neglect; to be granted privacy; to be treated with dignity, and to make individual decisions.
Caregiving facilities might not fail to accommodate the medical, physical, psychological, or social needs of their patients.
- The Long-Term Care Ombudsman program created a network of advocates for nursing home residents in each state who investigate and attempt to resolve specific complaints involving abuse, neglect, or exploitation of a resident.
A nursing home negligence attorney can help you pursue remedies for violations of any of these laws. If you suspect your loved one has been the victim of abuse in a CA nursing home, attorney James M. Morgan, Esq. and our other nursing home abuse attorneys can investigate your concerns and help ensure your family member is safe. Call (800) 926-7565 toll-free for a no-obligation consultation.Nursing Home Abuse Lawyers Serve Victims of Skin Breakdowns, Falls, and Medication Errors
The nursing facility staff is responsible for always providing every patient a professional level of care, and when they deviate from that standard, it can result in numerous health hazards. Following are some of the most common and preventable consequences of neglect in nursing homes, which could all lead to potentially life-threatening injury:
- Pressure sores (also known as bedsores, pressure ulcers, or decubitus ulcers) are typical for wheelchair-bound or bedridden patients with limited mobility.
Pressure wounds can develop in as little as a few hours when the patient cannot reposition their body to alleviate pressure on specific areas. Without proper treatment, the sore can rapidly deteriorate into a life-threatening wound.
- Preventing skin breakdown is simple and merely requires the staff to follow routine protocols involving cleanliness, nutrition, and adjusting the patient's body position regularly. Because of this, the nursing staff, physicians, and the facility itself can all be held accountable for negligence if the patient develops a pressure sore.
Information about skin ulcer treatment specialists can be found here. To learn more about the types of compensation available in CA pressure wound cases and monetary damages obtained, see this page.
- Falls are among the most common and often costly accidents in the nursing home environment. Falls are the leading cause of death among patients over sixty-five nationwide.
Elderly persons are at risk of falling because of the natural aging process and associated medical conditions, and nursing home patients are at greater risk for falls than elderly persons living on their own.
A leading cause of severe falls in nursing homes is dropped patients, or when patients are dropped by staff while being transferred between beds and wheelchairs or being helped into and out of toilet/bath facilities.
All nursing home falls can cause tragic injuries, including broken bones, severe abrasions, concussions, and other brain injuries leading to permanent mental damage, permanent disabilities, and even death.
Senior care facilities must take every reasonable step to ensure the existing risk of falls is not compounded by a disregard for safety. They are liable for fall-related injuries if the fall resulted from inadequate supervision, safety hazards, dropped patients, or other negligence.
Sample monetary damages obtained against California nursing homes can be found here.
- Medication errors result in some of the most easily preventable injuries in nursing homes. While the consequences are usually not life-threatening, some medications can cause severe and even deadly harm if not administered properly.
A chain of individuals is involved in the process where medication is prescribed, filled, and administered to a patient. If there is an error in any part of the chain, disaster can result.
The prescribing physician might be overworked and rushed, the pharmacist might fill the prescription incorrectly, and caregivers in understaffed facilities might give patients medications in the wrong form, at the wrong times, or in incorrect dosages.
Our San Diego nursing home negligence attorneys will conduct a thorough investigation to determine which party in the chain of responsibility is liable for your loved one's injuries and advise you on your legal options.
- Deliberate abuse — As horrible as it is to think about, elderly nursing home residents are uniquely susceptible to physical abuse, sexual abuse, malnutrition, unexpected weight loss, emotional abuse, and dehydration when the staff fails to provide proper care. They are dependent, vulnerable, and incapable of defending themselves. Helpless nursing home patients are often victimized by fellow residents, outside visitors, and most egregiously, the very caregivers and staff members paid to look out for their welfare.
- Financial abuse – Many abuse cases of the elderly in California skilled nursing facilities involve financial exploitation where health care providers, nursing staff, friends, and other residents steal the victim's cash, credit cards, and personal belongings.
According to a 2010 national study reported by NCEA, over fifty percent of nursing home staff admitted to inflicting physical violence, mental abuse, or neglect on patients within the prior year, with neglect accounting for two-thirds of those incidents. However, experts believe that resident-on-resident abuse is the most common form of abuse in nursing homes.
Nursing homes must keep residents safe from violence and other abuse. If they neglect that responsibility, they should be held accountable. Many nursing home abuse victims remain silent out of embarrassment or fear, so you must recognize the sign of abuse and act to protect your loved one.
Did you suffer preventable injuries because the nursing staff was negligent in their duties? Consult a nursing home abuse lawyer who can take quick legal steps to stop the mistreatment and ensure you receive the best care from trained medical professionals.
Call our CA nursing home abuse and neglect lawyers for a free consultation today.
Vulnerable seniors should not have to suffer because a nursing home might be understaffed or underfunded. These issues impact the quality of care you will ultimately receive, and an Orange County nursing home law firm can root out the problems involved in their care. If you believe you might be at risk of harm from nursing home abuse or neglect, speak with a Los Angeles nursing home lawyer immediately.Pursuing a California Wrongful Death ActionHire a Skin Ulcer Injury Attorney to Handle Your Case
Tragically, death sometimes results from infected skin ulcers, fall, medical error, or other preventable consequence of negligent nursing home care. In many cases, the deceased patient suffers great pain and discomfort before their demise.
No patient in a medical facility should ever die from a preventable injury. When negligence is involved, the surviving family members must take legal action, including filing a wrongful death lawsuit against the facility responsible for their loved one's death.
Nursing Home Law Center LLC seeks justice for victims of nursing home neglect and abuse in California. Our fees are paid only when we secure a positive financial outcome in your lawsuit for someone you loved who died of negligence.
Contact our law firm today or through the contact form to schedule a free consultation. All discussions with our law firm remain confidential through an attorney-client relationship.
Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).Nursing Home Abuse & Neglect Resources