Moving a family member or a loved one to a nursing home is a huge life decision. Residents and family members expect their loved ones to receive the appropriate standards of care and comfort in nursing homes. However, some facilities and staff fail to fulfill their duty to provide quality care, causing harm to residents. According to data from the World Health Organization, approximately 1 out of every 6 seniors is subject to some form of elder abuse in community settings. This abuse and neglect can cause severe injury, illness, or even death.
Nursing homes are liable when staff or administration provide negligent or abusive care, and you may be entitled to financial compensation. If you suspect your loved one has been a victim of nursing home abuse or neglect, the San Mateo elder abuse lawyers at Carcione, Henderson & Markowitz, LLP, are here to help. Our attorneys have wide experience in holding abusive medical professionals accountable for their wrongdoing and securing monetary relief to enable abuse victims’ healing.
Contact us online to discuss your case with a San Mateo nursing home abuse attorney. Your initial consultation is free, and you pay nothing unless we secure compensation on your claim.
What a San Mateo Nursing Home Abuse Attorney Can Do for Your Case
CHM Law Firm has over 40 years of experience in personal injury law in San Mateo. We recognize the delicate nature of elder law and understand the importance of confidentiality in elder abuse claims. Our lawyers can manage your case in a way that respects your loved one’s privacy and dignity without compromising on financial compensation.
Our law firm is not in the business of rushing to settlements, and we are unafraid to push back when insurance companies attempt to underpay or delay payment. Our attorneys intentionally keep their caseloads small, allowing them to provide the full amount of care and attention that clients deserve. Many of us have seniors in our lives whom we care for deeply, so we strongly empathize when bad actors take advantage of those who need our protection. We will leave no stone unturned in investigating abusive nursing home facilities to root out injustice and hold responsible parties accountable for their wrongdoing.
What Damages Can Be Recovered in a Nursing Home Abuse Lawsuit?
Elder abuse compensation can include money for losses suffered by the elder resident, such as the following:
- Medical bills and treatment costs arising from abusive care or negligent conditions
- Relocation costs to move to a different facility
- Projected future care expenses
- Cost of counseling and therapy services
- Pain and suffering from injuries or mistreatment
- Emotional anguish, depression, or anxiety
- Loss of enjoyment or convenience
In cases of extreme neglect or abuse by caretakers, compensation can also include punitive damages. These types of damages are meant to punish the offenders and deter future abusive behavior in care facilities.
If the nursing home abuse or neglect caused death, then we can pursue a wrongful death lawsuit to recover compensation for the following:
- Funeral and burial expenses
- Loss of companionship
- Emotional suffering due to death
A San Mateo nursing home abuse lawyer at CHM Law Firm can assess your options for recovering the maximum amount of financial compensation.
Is There a Time Limit for Filing a Nursing Home Abuse Case in California?
California’s nursing home abuse statute of limitations is found at Cal. Civ. Cod. 335.1. The law puts a two-year time limit on civil actions for nursing home abuse, which is the same limit as for all personal injury claims. After the two-year period expires, the court may dismiss any elder abuse lawsuit filed in pursuit of compensation.
Normally, the two-year statutory period in personal injury claims begins from the date the injury occurred. However, nursing home abuse is rarely a singular event and usually occurs repeatedly over sustained periods. In these elder abuse cases, California’s continuous accrual rule could apply. According to the rule, each subsequent act of abuse constitutes a separate cause of action and triggers a new two-year counter. Under this rule, newer violations can fall under the two-year time limit even if older violations do not.
What Is Nursing Home Abuse?
Nursing home abuse consists of any form of neglect, mistreatment, or abandonment of care that causes nursing home residents harm, pain, or mental distress. Nursing home professionals and caregivers have a duty to protect the seniors in their care and provide them with appropriate care. Abuse and neglect occur when they willfully or thoughtlessly cause harm to their patients or fail to prevent avoidable harm. Nursing home regulations in California grant residents specific rights, and facilities can be held accountable for wrongdoing if they are violated.
Nursing home abuse can take several forms, such as the following:
- Physical abuse, including striking, rough handling, use of physical punishment, unnecessary restraints, or intentional physical discomfort (e.g., removing blankets)
- Neglectful care, such as unsanitary conditions, lack of bathing, and withholding food or medication
- Emotional and mental abuse, including mocking, yelling, isolation, belittling, and ignoring
- Financial abuse, such as stealing money, identity theft, and forgery
- Sexual abuse, including harassment, sexual assault, and rape
Nursing home abuse is a form of elder abuse, which California Penal Code 368 defines as a crime. In addition to civil litigation, nursing home abuse can result in misdemeanor or felony charges, depending on whether the abuse caused serious injury or death.
What Are Reasons Why Nursing Home Abuse Occurs?
Several factors contribute to nursing home abuse and neglect, including understaffing, insufficient training, and caretaker burnout. Facilities without enough caretakers may not be able to provide required monitoring or respond to emergencies, such as falls or strokes. Untrained staff can harm residents through botched procedures and the substandard provision of care. Nursing home care is also an extremely stressful job, which may cause staff to take out their frustration and anger on the people in their care.
Nursing home neglect can also occur due to administrative reasons. Facilities can mix up medications or lose a patient’s file containing critical care information. Nursing homes may also be liable for negligent hiring if they employ staff members who are unfit or unqualified for their positions. Often, these kinds of administrative failures arise from prioritizing financial returns over the well-being of residents.
Are There Signs to Look for That Could Indicate Nursing Home Abuse?
Any nursing home abuse claim will depend on knowing how to recognize elder abuse. Below are some common warning signs of abuse or neglect in nursing homes:
- Unexplained bruises, cuts, or scratches
- Bedsores, welts, or burns
- Signs of restraint (e.g., wrist ligature marks)
- Unusual or regressive behaviors
- Difficulty sleeping
- Infections or illnesses
- Stained or torn clothing and underwear
- Disheveled or dirty appearance
- Unsanitary facility conditions
- Significant weight loss or hair loss
- Lack of heat or air conditioning in facilities
- Changes in finances, like unexplained withdrawals
- Missing cash or personal items
Risk factors for residents include physical disability or mental illness that makes them particularly reliant on staff to meet their needs. Wealthier residents may be more likely to be subject to financial abuse, while women are more likely in general to be victims of elder abuse.
What Should You Do If You Suspect Nursing Home Abuse?
If you notice any signs of nursing home abuse or neglect, it’s important to take steps to protect your loved one and document the wrongdoing. If you believe your loved one is at immediate risk of serious harm, contact the police. Otherwise, you need to gather evidence showing the abuse. Take pictures of any injuries and signs of neglect/abuse, such as unsanitary conditions or soiled clothing. Gather all copies of medical records, including medication records and staff correspondence.
You should also know how to report nursing home neglect or abuse. The following are some of the authorities and organizations where you can report poor care in nursing homes:
- California Department of Public Health (CDPH) – The CDPH is responsible for regulating nursing homes and other medical facilities in California. You can file a complaint online, and the state can investigate potential violations.
- Long-Term Care Ombudsman – The Long-Term Care Ombudsman is a primarily volunteer-driven organization that supports those in nursing homes and similar care facilities. A representative can help investigate complaints and connect residents and their families with legal resources on how to file a nursing home complaint in California.
- Adult Protective Services (APS) – California’s APS is tasked with protecting dependent adults and seniors from abuse in private residences. You can call APS if you believe abuse is happening outside of the facility.
