News & Insights

05 . 22 | Elder Abuse

Suing California Nursing Homes for Abuse or Neglect

care

If you think about it, the very old and the very young are two of the most vulnerable groups in our society. This is largely because they are unable to fend for themselves and rely on others for protection. Sadly, the systems and institutions created to care for them sometimes fail. When this happens, the people responsible must often be held accountable.

At the moment, COVID-19 is the single greatest threat for older Americans. Those in nursing homes are among those at most risk for the virus and its potentially lethal complications. If you suspect a loved one in a California nursing home contracted COVID-19 because of neglect, the legal team at Law PLA is here to help.

Basic care requirements mandated by California nursing home laws

State nursing home laws include basic care requirements for all residents. Three of the four are directly related to each individual’s physical and or emotional health. These are:

  1. That each resident gets help having his or her physical, mental, and medical needs addressed.
  2. That there is no deterioration in any resident’s physical or emotional condition as long as it can be avoided.
  3. That each resident gets the medical care and treatment needed to maintain or improve his or her health.

Title 22, the California law pertaining to nursing home licensing also includes stipulations pertaining to patient care, including but not limited to:

  • Personal care
  • Resident surveillance and supervision
  • Availability of safe living spaces
  • Provision of medical and dental care

Do you have a viable nursing home neglect or abuse case?

You may be able to sue a nursing home that failed to comply with Title 22 or other relevant laws, thereby harming your loved one.

Specifically, you may be able to pursue a claim alleging elder abuse if your loved one experienced abuse or neglect in the facility. Contrary to popular belief, elder abuse is not limited to physical mistreatment. It also includes physical and emotional mistreatment, financial exploitation and neglect.

You may also be able to pursue a claim accusing the nursing home of neglect  if your loved one contracted COVID-19 because: 

  • He or she did not get appropriate medical care
  • There was an inappropriate response to the current public health crisis

Who can be held accountable in a nursing home abuse or neglect case?

Because each case is different, there is no universal answer to this question. Depending on the circumstances, you may be able to sue specific staff members, the administrator, supervisory personnel, or even the owner.

Available compensation

The type of compensation available to plaintiffs with successful claims also depends on the circumstances of the case. In general, someone who prevails may be compensated for financial and non-economic losses such as:

  • Cost of necessary treatment, care and medical equipment
  • Expenses associated with hospitalization
  • Expenses related to counseling or therapy
  • Emotional distress
  • Pain and suffering

Contact a Los Angeles nursing home abuse and neglect lawyer now

If your family member contracted COVID-19 while living in a California nursing home, and you suspect it stemmed from abuse or neglect, LawPLA can provide legal advice, guidance and support. Simply complete the form on our website, send us an email or call us at 213-444-2709 for a case assessment, today.


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