The largest state in the union is also home to some of the extensive and extraordinary cases of elder abuse. Bed sores (also known as pressure sores and decubitus ulcers), falls, physical abuse, sexual abuse, run rampant through nursing homes and other sites around California. When clients come to us after they have been the victims of any of these scenarios, they normally ask, “What can we do now?”
To answer that question, we have compiled the following sections to explain to you the legal structures that exist to compensate for these kinds of injuries including bed sores and other issues. If your loved one developed a bed sore during an admission to a California nursing home, contact a nursing home abuse lawyer from the Nursing Home Law Center LLC today for a free case review.
California has a very expansive set of laws that protect the elderly and preclude abusive actions against them, largely in the Welfare and Institutions Code § 15610-§15610.70. According to §15610.07, it defines “abuse” as (a) “Either of the following: (1) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” Examples of elder abuse include neglect, exploitation, and physical abuse.
Certain persons are required to report elder abuse if they witness or reasonably suspect. Some of those people include the following:
The government of California guarantees certain protections if an elderly person is threatened. Specifically, § 15610.10 provide for “protective services” that include the following:
“Those preventive and remedial activities performed on behalf of elders and dependent adults who are unable to protect their own interests, harmed or threatened with harm, caused physical or mental injury due to the action or inaction of another person or their own action as a result of ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health, lacking in adequate food, shelter, or clothing, exploited of their income and resources, or deprived of entitlement due them.”
Citizens all across California are suffering under the weight of elder abuse, including instances of bed sores. These incidents fundamentally alter the lives of the people that they touch. Victims find it incredibly hard to put the pieces back together and often wonder, “Can I obtain any compensation in court?” Yes, you can! Here is the broad outline:
Economic Compensation: the main dimension of recovery for elder abuse and bed sore victim is economic. This is the broad spectrum of out-of-pocket expenses that the defendant’s actions caused you such as medical bills, loss of income, and property damages.
Non-Economic Compensation: Sometimes, incidents affect you so dramatically that your life will never be the same again. For this, you should be compensated and common categories are loss in quality of life or reduction in the standard of living.
Wrongful Death Compensation: Relatives and significant others are entitled to bring actions for the loss they suffer because of the deaths of their loved ones from abuse and bed sores.
Punitive Compensation: Under certain circumstances, wrongdoers are doubly liable if their actions are deemed to be so vindictive and extreme that they need to be punished and others need to be warned.
This outline should begin to give you an estimate of what your elder abuse or bed sore case could fetch at trial. However, to understand the exact kind, extent, and reasoning behind your specific recovery, you should speak to a qualified attorney.
Here are some important statistics related to elder abuse and bed sores for California citizens:
Though they may live in the largest state, California residents do not escape the reach of statutes of limitations. Just like their counterparts all over the country, they must bring their lawsuits within a specified period of time. This time constraints apply equally to elder abuse cases but may differ depending upon the character of the lawsuit as the following California laws demonstrate:
These laws are complicated by a few things. First of all, if you do not discover your injury for a certain amount of time, then you may be afforded an additional two years after your discovery. Also, states often put an overall time limit on actions so your case could be banned regardless of when you realize your injury. To understand how long you have for your lawsuit, speak to an experienced California nursing home negligence attorney today.
Laws: If you would like to read more about the laws of elder abuse in California, click here.
Agencies: To learn about the agencies that watch and investigate elder abuse in California, click here.
Bed Sore Treatment: If you are seeking wound care providers in California view the information here.
To report elder abuse, use the following information:
1-888-436-3600 | 1-800-231-4024
Outside of California:
Thousands and thousands of California citizens are victims of elder abuse and bed sores. If this ever happens to you or a loved one, you need zealous California bed sore attorneys at your side from the get go. Nursing Home Law Center LLC is ready with all of the resources, experience, and access that you need to make sure that you are compensated. We make the following promises to every client and we will make them to you as well:
So give us a call? (800) 926-7565 We can explain to you exactly what you need to do to begin the road to recovery. Our office can assist you with the prosecution of bed sore lawsuits across California including the following cities: Los Angeles, San Francisco, San Diego, San Jose, Sacramento, Oakland, Long Beach, Bakersfield, Fresno or anywhere else in the Golden State. Our firm handles bed sore cases on a contingency fee basis meaning you never need any out-of-pocket funds to initiate a case.
Approximate recovery of California plaintiffs in bed sore cases:
Approximate recovery of California plaintiffs in nursing home cases generally (where many bed sore cases take place):
CASE: BASS VS. MITCHELL
STATE: CALIFORNIA
INJURY: BED SORES
YEAR: 2008
AWARD: $257,500
Roy Bass, a 62-year-old man, was admitted to a long-term care facility after visiting the emergency room for a variety of issues. Not more than a few days later, the staff at a the care facility allowed him to shower alone despite specific instructions from his doctor that he bath with assistance. While bathing, he slipped and fell and seriously injured himself. Then, later on, he developed bed sores that became infected and eventually killed him. To recover for these injuries, his estate sued the home and charged it with negligence and wrongful death. The defendant nursing home denied that they were responsible and the nature of his injuries but sought to settle. The plaintiff received $107,500.
CASE: KOZIK VS. BEVERLY COMMUNITY HOSPITAL
STATE: CALIFORNIA
INJURY: BED SORES
YEAR: 2004
AWARD: $225,000
In this matter, a woman a woman was brought under the care of a nursing home to treat issues related to pressure sores. Unfortunately, her condition only worsened after her admittance and she died. Her estate sued the facility and claimed that it failed to provide the decedent with the proper amount and kind of care. It disagreed. It said that it did the best it could but that her condition was beyond repair. This contention was tested by the jury and they gave it a failing grade. The woman’s family received a $225,000 verdict.
CASE: PLAINTIFF VS. DEFENDANT (CONFIDENTIAL)
STATE: CALIFORNIA
INJURY: BED SORES
YEAR: 1997
AWARD: $100,000
This unfortunate case involved a wrongful death action against a nursing home. Under its care, a woman died from complications due to bed sores. However, she was also suffering from multiple other ailments and was seriously ill upon her entry to the facility. Therefore, the plaintiffs had a hard illustrating that the defendant home’s actions solely caused the decedent’s death. Yet, they still received $100,000 in a private settlement prior to trial.
CASE: PLAINTIFF VS. DEFENDANT (CONFIDENTIAL)
STATE: CALIFORNIA
INJURY: BED SORES
YEAR: 2014
AWARD: $1,823,000
In this bed sore case, a 90-year-old woman was transferred to a nursing home for advanced care and supervision. Over the course of the next six months, approximately, she developed bed sores. Rather than transport her to a hospital, staff at the nursing home decided to try and ameliorate the condition themselves. Unfortunately, the woman’s condition deteriorated and she had to be taken to an emergency room for treatment. She died at the hospital. Her relatives quickly brought a lawsuit to recover for what they viewed as substandard treatment that the nursing home provided. The defendant facility responded that it provided prompt and proper care. However, the jury believed the plaintiffs’ version of events and thought that the nursing home was largely to blame for the woman’s immediate death. The family obtained $1,823,000 in damages.
CASE: JACKSON VS. WATERMAN
STATE: CALIFORNIA
INJURY: BED SORES; DEATH
YEAR: 2015
AWARD: $50,000
This story started when an ambulance rushed a woman in her late thirties to the hospital to treat pneumonia and infections related to pressure sores. Despite the valiant efforts of the medical staff, she did not make it. Four of her children survived her. Eventually, her family decided to bring a case against the nursing home where she was living just prior to her death. They argued that the defendant facility did not adequately treat her and that, as a result, the woman contracted decubitus ulcers and pneumonia and died. The nursing home did not accept this premise but wanted to end the case so offer the family a settlement package and they accepted. The plaintiffs received $50,000.
Our attorneys have experience prosecuting bed sore cases involving nursing homes and hospitals in California. If you are dealing with a situation where loved one has developed pressure sore or has died from a wound, we are interested in speaking with you. Our experience with these cases ensures that the value of your case can be maximized to the fullest extent of California law. Contact our office any time for a free review of your situation.
