What Constitutes Nursing Home Neglect?
Get Expert Legal Help from Elder Abuse Lawyers in Los Angeles
Elders often spend their retirement in nursing homes, where they expect rest and relaxation. Nursing homes should be a place of safety for the elderly. Unfortunately, there has been a seemingly growing number of elder abuse and nursing home neglect cases in California.
Anyone who has been injured or affected by nursing home abuse knows that it can be a traumatic experience.
Whether the injury was caused by negligent medical treatment, abusive caregivers, or neglect, you have the right to take legal action against any person, company, or entity responsible.
When you think of nursing home abuse, you may think of tragic stories of elderly residents being physically or psychologically abused or financially exploited by nursing home staff. While those are serious situations requiring immediate intervention, there's another form of abuse that often flies under the radar — neglect.
What Constitutes Nursing Home Neglect?
Nursing home neglect is defined as the failure of caregivers to provide or ensure:
- Adequate food
- Appropriate shelter and clothing
- Bathing services
- Timely medical care
- Supervision by staff and medical providers
Failing to provide nursing home residents with such basic necessities or allowing residents to deny themselves basic necessities (also known as self-neglect) is illegal under state and federal law; however, the consequences for perpetrators depends on the severity of their violations.
Parties liable in nursing home abuse can include healthcare workers, nursing home staff, nursing home administrators, caregivers, insurance companies, large corporations, and even government agencies.
Nursing Home Neglect: Illegal vs. Criminal
Unlawful conduct that involves nursing home neglect can be categorized as civil laws or criminal laws. The cause of action and penalties may depend on whether the neglector is violating civil laws or criminal laws.
The violation of a civil law against another person provides for remedies for the injured party if they file a lawsuit. Remedies could include a court order to pay damages, injunctive relief, or require the losing party to perform specific actions.
Criminal violations also involve harm to others and are considered an offense against the state. Because of this, criminal laws often warrant harsher forms of punishment like fines and jail time.
Nursing Home Neglect: Civil vs. Criminal
There are civil and criminal laws that apply when it comes to the level of nursing home neglect.
Minor degrees of neglectful conduct, like accidentally missing a resident's medical appointment, may not alone be considered a violation; however, if the neglect becomes more serious or repetitive, it could result in violations of civil or even criminal laws; Those violations could lead to specific remedies for the victim as well as punishments by the state.
Nursing homes that participate in Medicare and Medicaid are generally subject to the Nursing Home Reform Act, a federal law that requires nursing homes to have (among other things),
- Sufficient nursing staff
- Comprehensive care plans for patients
- Proper treatment and assistive devices
- Appropriate patient supervision
- Necessary services to carry out activities of daily living
- Maintenance of accurate, complete, and accessible clinical records
The failure to comply with these regulations, while violating federal law, doesn't necessarily result in criminal charges and penalties; instead, they could subject nursing homes to civil penalties such as:
- Civil money fines
- Denial of Medicare/Medicaid payments
- Use of independent assessors
- Appointment of temporary management to oversee facilities
- Removal and transfer of residents to other facilities
There are also times when nursing home neglect is so egregious (usually in cases where the conduct was intentional) that it violates criminal as well as civil laws.
In California, the crime of elder abuse is punishable by up to seven years in prison when one "willfully causes or permits the person or health of the elder or dependent adult to be injured" in a way that is likely to produce great bodily harm or death.
Are You or a Loved One a Victim of Nursing Home Neglect?
If you have a loved one in a nursing home, it pays to ensure they are not suffering from nursing home neglect or abuse. Hiring an elder abuse lawyer isn't easy for anyone; but if your situation requires it, experienced elder abuse lawyers are your best bet.
- Report the Nursing Home Neglect
When deciding how to handle a potential nursing home abuse issue, you should first make sure your loved one is safe and that you've alerted the proper authorities to any suspected abuse or neglect. If you have not already reported the abuse, you can do so by contacting your local police department or calling Adult Protective Services.
One of the primary reasons nursing home neglect persists is because the victims are often unable or unwilling to report the abuse; therefore, it's important for others to intervene when they see red flags.
With so many unreported cases occurring in California, it's crucial that guilty nursing homes are held accountable for their negligent actions. If you're not sure what to do, you should speak with an experienced attorney who specializes in nursing home negligence cases.
- Consult with an Elder Abuse Attorney
Hiring an elder abuse lawyer is the best way to protect your loved one from further abuse, and ensure that your loved one’s story is heard.
If you've already made the first step and reported the nursing home neglect, you should contact a qualified personal injury attorney to make sure your rights are protected as soon as possible.
Elder abuse lawyers will answer any questions you have about pursuing justice, walk you through the legal process of taking the negligent nursing home to court, and build your case against the negligent nursing home in question.
- Get a Free Case Evaluation
Once the abuse has been reported you can meet with a lawyer for a case consultation.
Your lawyer can take action by: researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel, all aimed at strengthening your position and ensuring your fair recovery.
If you or someone you love has suffered abuse in the nursing home setting, you should speak with an attorney who will sit down and evaluate your case with you, to ensure that your legal rights are fully assessed and protected, and guide you through the legal steps of your case.
Get a Free Evaluation of Your Nursing Home Neglect Claim
If you have concerns about nursing home conditions, time may be of the essence especially when the victims are in a fragile state. There are a variety of resources available, but perhaps the most effective way to stop the abuse is by enlisting the help of an attorney.
If you're still not sure whether you have a valid claim, consider getting a legal evaluation from a local attorney as soon as possible.
Our Experienced Elder Abuse Attorneys Can Help
If your loved one has been injured or neglected due to someone else’s poor behavior, you deserve an experienced elder abuse lawyer to fight passionately by your side. Our dedicated attorneys in Los Angeles will protect your legal rights and help you recover the compensation you deserve.
For a free initial consultation and dedicated representation, contact us by phone at (323) 999-3500 or by email at office@gutierrez.legal at any time.
Top Elder Abuse Lawyers in Los Angeles
Our attorneys at the Law Offices of Oscar H Gutierrez have 40+ years of combined litigation experience in handling personal injury and elder abuse cases in California, and will guide you through the legal process.
At the Law Offices of Oscar H Gutierrez, we're fully equipped to handle your case with:
- 40+ Years of Experience
- Millions of Dollars Recovered
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