The California Department of Justice and The Bureau of Medi-Cal Fraud and Elder Abuse are preparing for a massive influx of seniors in San Diego and throughout California into nursing homes and long-term care facilities, so that the current number is assumed to nearly double by 2030.
However, it is troubling to hear reports from reputable sources such as the National Council of Aging, which reports that nearly 10 percent of all those 60 years or older have experienced some form of elder abuse, most often in nursing homes and long-term care facilities.
If you suspect that your loved one or someone you know has been the victim of nursing home abuse, contact an experienced and dedicated California nursing home abuse lawyer as soon as possible. A California personal injury lawyer can help protect your loved one from abuse.
Signs and Forms of Nursing Home Abuse
The Center for Elders and the Courts provides a broad definition of what constitutes elder abuse in nursing homes. According to their definition, elder abuse typically is characterized by (a) intentional or negligent action that (b) causes harm, serious risk of harm, or distress to (c) vulnerable older persons.
Some definitions of abuse also require a relationship of trust between the older person and the abuser, while others restrict the term to “vulnerable adults or elders.”
Some of the signs of nursing home abuse in California can include:
- Unexplained falls
- Falls with serious injuries
- Rapid weight loss
- Wrongful death
However, nursing home abuse can take many different forms. Among the reasons for contacting a California nursing home abuse lawyer are:
- Physical abuse
- Emotional abuse
- Financial abuse and misappropriation
- Neglect and abandonment
- Sexual abuse
Unfortunately, the National Center on Elder Abuse has estimated that more than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected.
California Nursing Home Laws
The Elder Abuse and Dependent Adult Civil Protection Act also provides a broad definition of elder abuse in nursing homes to include “physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering, the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering.”
In addition to these protections, Title 22 of the California Code of Regulations establish specific requirements on nursing homes in an attempt to curb nursing home abuse, and to ensure that elderly California residents are well cared for in their later years. Title 22 is an expansive bill that addresses and sets standards for the following areas of nursing homes:
- Food services
- Personal care
- Nursing home supervision and observation
- Planned activities for nursing home residents
- Mandating safe living accommodations
- Mandating proper medical and dental care
If a nursing home fails to provide seniors and elderly residents with any of these categories, the nursing home could risk losing their license, as well as potentially face a lawsuit.
Contact a California Nursing Home Abuse Attorney Today
Any allegation of nursing home abuse or neglect in California is a serious matter and one that should be addressed with a California nursing home abuse lawyer.
You and your loved ones deserve to live in a clean, safe, and nurturing environment, and if a nursing home takes advantage of a senior, the victim and their family may be entitled to compensation for their injuries.