Growing Elderly Care Needs Rise in California But So Does Nursing Home Abuse

 Posted on July 14, 2023 in Personal Injury

The number of Americans who are 65 years old or older is expected to double from 52 million in 2018 to 95 million in 2060. By 2030, more than one million seniors will need help with self-care. That is likely to increase the demand for nursing home care. Regrettably, there is also a staffing shortage at nursing homes across the nation leading to improper supervision and nursing home abuse. If your family member has suffered injuries while being cared for at one of these facilities you have options.

Immediate Actions

If you suspect nursing home abuse of your loved one you need to take immediate action. People who have endured nursing home abuse in California have legal remedies available to seek justice and compensation. They may file a civil lawsuit against the facility or individuals responsible for the abuse.

Adult Protective Services or the local law enforcement agency should be informed. Additionally, documenting any evidence of abuse, including photographs, medical records, and witness statements, can be valuable in supporting an abuse claim. It is advisable to consult with an attorney experienced in elder law or nursing home abuse cases to understand your legal options as it can get complicated.

Nursing Home Abuse Laws

In California, nursing home abuse is taken very seriously, and there are laws in place to protect the rights and safety of nursing home residents. Here are some key aspects of nursing home abuse laws in California:

• Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) – This law provides protection for elders and dependent adults who are victims of abuse, neglect, or exploitation. It covers a broad range of abusive actions, including physical abuse, sexual abuse, emotional abuse, neglect, and financial exploitation.
• Reporting Requirements – California law mandates that healthcare professionals, including nursing home staff, report suspected elder abuse to the appropriate authorities. Failure to report abuse can result in criminal charges or disciplinary action.
• Licensing and Regulation – Nursing homes in California must be licensed and regulated by the California Department of Public Health (CDPH). The CDPH is responsible for ensuring that nursing homes meet specific standards of care, staffing requirements, and safety regulations.
• Residents Bill of Rights – California has a comprehensive set of rights for nursing home residents, outlined in the Resident's Bill of Rights. These rights include the right to be treated with dignity and respect, the right to receive adequate care and services, the right to be free from abuse and neglect, and the right to participate in decisions regarding their care.

Steps to Consider

You may be able to seek damages for medical expenses, pain and suffering, and other losses. A skilled nursing home attorney can guide you through the process of filing a complaint, gathering evidence, and pursuing legal action against the responsible parties.

It is important to arrange for your loved one to receive a medical evaluation from a trusted healthcare professional to document their injuries and assess their overall well-being. You may also need to consider relocating your loved one to a different nursing home or care facility where their safety and well-being can be ensured.

Contact a Glendale Nursing Home Abuse Lawyer

Do not hesitate to advocate for your loved one if you suspect nursing home abuse. At Tahmazian Law Firm, P.C., a qualified Los Angeles nursing home abuse attorney will evaluate your case and provide personalized legal advice based on the specific details of your situation. Call 818-242-8201 for a free consultation.

Sources:

https://www.prb.org/resources/fact-sheet-aging-in-the-united-states/

https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/ReportMisconduct-Abuse.aspx

https://www.ontarc.com/RBR/20220411RBR_English.pdf