Nursing Home Abuse Lawsuits in California
Older adults in nursing homes rely on their caregivers to assist with their basic needs, and when that trust is violated, the results can be traumatic at best and tragic at worst. Unfortunately, the rates of nursing home abuse are on the rise.
Each year, approximately 200,000 cases of elder abuse are reported in the state, yet experts believe this number only scratches the surface. A significant portion of these cases happens in nursing homes—places meant to provide care and comfort during one's later years.
California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) was enacted to address these travesties. This law empowers victims and their families to seek justice through civil claims.
This process involves filing a lawsuit against the perpetrator or the nursing home, presenting evidence, and potentially going to court. It holds perpetrators and nursing homes accountable for their actions independently of any criminal charges that may be filed.
This act defines a "senior" as someone age 65 or older who resides in California. It defines a “dependent adult” as any 16-64-year-old California resident with physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights.
An able victim can file a nursing home abuse lawsuit on their behalf. Or the victim's family can step in and file the suit or report on behalf of your loved one through a power of attorney (POA) or court-appointed guardianship. In these challenging times, having a dedicated attorney by your side can provide the necessary support and guidance.
At Injury Justice Law Firm, our experienced nursing home abuse attorneys work with nursing home victims and their families. We guide them through the process of filing civil claims to obtain the full compensation allowable by law, providing legal advice, and representing them in court if necessary.
Victims of nursing home abuse in California have several remedies to recover damages and force remedial action. These include filing a lawsuit against the nursing home facility, reporting the abuse to the California Department of Aging, or filing a police report and seeking criminal charges.
California laws require nursing homes to follow strict duties from those in charge to provide efficient care. However, there are some nursing homes and assisted living centers that are understaffed and badly managed, which exposes victims to abuse and neglect, emotional suffering, physical injuries, and even death.
Nursing Home Abuse and Neglect California Law
The Elder Abuse and Dependent Adult Civil Projection Act prohibits nursing home neglect and abuse of senior citizens age 65 or older, which states that "any person who has assumed full or intermittent responsibility for the care of an elder" is a mandated reporter of abuse.
Caretakers must report suspected abuse that results in injury to law enforcement, a local ombudsman, and the corresponding licensing agency within two hours. Penal Code 368 includes specific language on criminal charges of elder abuse, which bars the following willful acts:
- Causing or permitting any elder to suffer,
- Inflicting unjustifiable physical pain or mental suffering,
- Causing or permitting the person or health of the elder to be injured,
- Causing or permitting an elder's health to be endangered.
What are the Types of Nursing Home Abuse?
Nursing home abuse can take many forms, each with devastating effects on its victims. They include the following:
- Physical Abuse: This includes deliberate acts of violence, such as hitting, slapping, or improperly restraining an elderly person. Physical abuse includes assault, battery, and other harmful acts covered in California Welfare and Institutions Code 15610.63 WIC.
- Emotional Abuse: Emotional abuse is harder to spot but no less harmful. It involves verbal assaults, threats, humiliation, or isolation, leaving victims feeling fearful, anxious, or helpless. WIC 15610.53 defines mental suffering as fear, agitation, confusion, severe depression, or emotional distress brought on by another.
- Financial Exploitation: Some caregivers misuse their position of trust to gain access to a resident's financial resources. This may involve forging signatures, stealing possessions, or coercing an elder into financial decisions against their will.
- Neglect: Caregivers who fail to provide essential care—adequate food, hydration, medical attention, or hygiene—are guilty of neglect. This form of abuse can result in severe health complications or even death. WIC 15610.57 defines neglect as "the negligent failure of any person having the care or custody of an elder to exercise the degree of care that a reasonable person in a like position would exercise."
- Sexual Abuse: Sexual misconduct in nursing homes involves non-consensual sexual contact and exploitation. This form of abuse often goes unspoken due to the victim's inability to communicate.
What are the Signs of Possible Nursing Home Abuse?
Family members and loved ones may notice several warning signs that something is wrong. While the following indicators do not always confirm abuse, they signal the need for immediate investigation:
- Unexplained injuries, such as bruises, burns, or broken bones,
- Sudden and drastic changes in mood or behavior,
- Withdrawal or reluctance to communicate,
- Bedsores, malnutrition, or signs of dehydration,
- Poor personal hygiene or unsanitary living conditions,
- Missing personal items, unusual bank withdrawals, or financial discrepancies,
- Fearfulness or visible discomfort when certain staff members are present,
- Repeated infections or unaddressed medical issues.
It is crucial to trust your instincts. If a loved one shows any of these signs, take immediate action by talking to an attorney. Victims may be unable—or too terrified—to speak for themselves, but your prompt action can make a significant difference in their lives.
Who Will Investigate Nursing Homes in California?
Nursing home elder abuse investigations involve several agencies. When you initiate a complaint, you typically do so with your local ombudsman's office. An ombudsman is an advocate who represents those living in long-term care facilities.
The California Department of Aging operates the ombudsman program. Once the ombudsman receives a complaint about nursing home elder abuse, it will conduct an investigation. The local ombudsman might speak to you as the following people:
- The resident who is the alleged victim,
- The nursing home's staff,
- The nursing home's administration.
The ombudsman will visit the nursing home for an on-site investigation. If, after conducting its investigation, the ombudsman believes it is a legitimate complaint, it forwards the case to the California Department of Public Health, which will also conduct an investigation. After the investigation is completed, they might:
- Seek civil penalties against the nursing home or nursing home employee and/or
- Refer the case to the district attorney's office or
- Refer the case to the California Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse for a criminal investigation.
Notably, if you are a mandated reporter, you must report the abuse to the local ombudsman's office and to a local law enforcement agency. “Mandated reporters” are people who, by law, must report all instances of suspected nursing home abuse. Staff and administrators of nursing homes are mandated reporters.
Who May File a Civil Suit in Nursing Home Abuse Cases?
In California, victims of nursing home abuse are entitled to bring civil claims against their abuser or the facility responsible. However, when victims are unable to act, other individuals may step in to seek justice on their behalf. Generally speaking, California law permits the following parties to file claims for nursing home abuse:
- Victims of Abuse: Any competent individual who has suffered from abuse or neglect can file a claim.
- Spouses and Close Family Members: Those related to the victim—such as a spouse, children, or siblings—may bring a claim if they hold the necessary legal authority or if the victim is incapacitated.
- Guardians with Power of Attorney: Family members or representatives who have legal power of attorney over the victim's affairs can bring cases forward if the victim cannot make decisions themselves.
Statute of Limitations on Civil Elder Abuse Cases
Time is an essential consideration in nursing home abuse cases. While the law provides avenues for justice, waiting too long to act can jeopardize a claim.
Under California law, the statute of limitations for filing a civil elder abuse case is generally two years from the date the abuse was discovered. However, the timeframe extends significantly in cases involving sexual abuse. In these cases, victims or their families have up to ten years to pursue a civil action.
Failing to file within the designated timeframe likely means forfeiting your right to such claims, emphasizing how crucial it is to act promptly when abuse is suspected.
Every case of nursing home abuse represents a terrible breach of trust. Victims and their families deserve justice, and California law provides a framework to make that possible.
That being said, proving a civil claim in nursing home abuse cases may be easier said than done and is, therefore, best left to a skilled California nursing home abuse attorney.
The attorneys of Injury Justice Law Firm are highly experienced in winning civil claims in even the most complex abuse cases, and we will work to help you and your loved one get the justice you deserve.
How Can You Win a Civil Lawsuit for Nursing Home Abuse?
Lawsuits against nursing homes in California or their employees typically require you to prove that the victim of the abuse was age 65 or older or was a “dependent adult” under California law; the defendant abused the victim, and as a result of the abuse, the victim suffered damages. Depending on the case, you would sue on such legal grounds as:
- Negligence,
- Negligent hiring,
- Breach of contract,
- Medical malpractice
To prove the case, your California personal injury attorney will typically have to file a legal action in order to obtain “discovery” of documents and information from the nursing home.
Typical evidence in these cases includes past and current mental and physical medical records that show how the elderly person's health declined (such as bruises, dehydration, depression, etc.), police reports, and video footage of the abuse.
Your attorney will review the file and interview potential witnesses. Because it can take several years for a nursing home abuse case to be resolved if it goes to trial, your attorney may try to seek an out-of-court settlement with the wrongdoers and their insurance company.
If an acceptable settlement can not be reached, the nursing home lawsuit will go to trial in front of a jury. In addition to damages, your lawyer may seek an injunction (court order) prohibiting the nursing home from engaging in dangerous practices.
How Should You Respond to Nursing Home Abuse and Neglect?
Suppose you suspect a senior you know experienced abuse or neglect. In that case, you should consult an experienced nursing home abuse attorney, who can help you file a lawsuit against the nursing home facility.
An experienced attorney will also help you report the abuse to the necessary departments, such as the California Department of Aging or the Long-Term Care Ombudsman. You will also need to file a police report to detail the abuse or neglect. Filing these reports ensures experts investigate the abuse or neglect and that you have court documentation.
In many cases of nursing home abuse and neglect, families recovered compensatory damages. California Civil Code 3333.2(b) explains which damages you can recover for injuries caused by health care providers. These include losses to compensate for pain and suffering, physical impairment, and disfigurement.
You can recover compensation for medical bills, rehabilitation expenses, and even attorney fees. California also allows people to recover "nonpecuniary" damages up to $250,000. These damages are non-economic, such as lost quality of life and emotional trauma.
Many innocent seniors experience abuse and neglect at the hands of those who promise to provide them care. In many cases, seniors who are victims of nursing home abuse and neglect cannot advocate for themselves.
California takes nursing home abuse and neglect violations seriously. By pursuing litigation, you can punish abusers and recover compensation. While no amount of compensation can right this wrong, it can help you provide for the victim and get them the care they need.
We are dedicated to protecting seniors who their nursing homes have victimized. Our firm has a team of experts who can investigate wrongdoings and seek legal justice for elder abuse and neglect. Having a lawyer by your side gives you the best opportunity for success in your lawsuit. Contact Injury Justice Law Firm for a free case review. We are based in Los Angeles, CA.
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