Unfortunately, California is not immune from the continuing widespread
malpractice of nursing home negligence. In fact such negligence cases are turning into an epidemic-like situation that affects thousands of elderly people living in nursing homes across the state. However, the “Elder Abuse and Dependent Adult Civil Protection Act” or EADACPA is intended to combat this issue.
If you believe that your family member is a
victim of nursing home negligence, Demas & Rosenthal can help. Contact us today—we have many years of successful experience fighting for justice in
California nursing home negligence cases.
Liable To Face Civil Action
In case a nursing home is found guilty under EADACPA, then it is liable to face civil action for any type of abuse: physical and emotional as well as financial abuse, neglect and abandonment, as well as isolation. In addition, if the negligence results in physical harm or even pain and mental anguish to the patient, the nursing home can be held liable for damages.
If unchecked,
California nursing home negligence can often lead to consequences such as patient’s death; falls that result in severe and serious injuries; malnutrition and dehydration; ulcers, bedsores, and infections; and psychological harm to residents. It is required that every California nursing home takes proper care of its patients in a compassionate and professional ways, but sometimes this doesn't happen. Failure to provide proper care means that residents may be compensated for any such negligence.
It's a good idea to learn to understand the early warning signs of any potentially threatening nursing home negligence and be prepared to report it as soon as you can. Some indicators are emotional distress on the part of the resident, an unsanitary environment, failure to provide appropriate hygienic care, isolating residents, or failing to provide adequate nutrition.
According to latest information on
nursing home negligence, it has been found that the chances of such negligence and elder abuse occurring are far greater than one would have expected. Before you risk becoming (or having a family member become) a victim of such nursing home negligence, make sure to select the nursing home facility with proper care. You should ascertain whether the facility is clean and whether its residents are clean, well groomed and appropriately dressed. Find out also whether the call lights stay on for extended periods of time without being answered in time. If trays are being left untouched during meals, is it because staff members are not helping those patients who need assistance to eat? Finally, you should also look for signs that show that interaction between staff and patients is friendly and warm.
According to California Welfare and Institutions Code, cases of California nursing home negligence can arise if the nursing home staff fail to provide proper care of the elder as would have been provided by a reasonable person. Furthermore, an instance of California nursing home negligence may arise when the patient’s personal hygiene is neglected; he or she is not given proper medical care to take care of their mental and physical needs. Also, negligence will be deemed to have taken place should the patient not have been protected from safety and health hazards, dehydration, or malnutrition.
If you are convinced that California nursing home negligence has occurred with your elderly family member, you should immediately move your family member out of the offending nursing home to another facility and file a complaint with Department of Social Services in California or Department of Health Services in order to prevent further abuse or neglect to other patients.
Following these urgent steps, it is in your loved one's interests to contact an experienced nursing home negligence attorney at the firm of Demas & Rosenthal. We look forward to putting our experience to work on your loved one's behalf.
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