Families place a significant amount of trust in nursing homes and assisted living facilities to care for elderly loved ones. Unfortunately, neglect can occur when these facilities fail to provide proper supervision, medical attention, hygiene, or basic care. When nursing home neglect leads to harm, California law allows victims and their families to pursue legal action. If you’re wondering if and how you can sue a nursing home for neglect, continue reading and consult with a knowledgeable Contra Costa County injury lawyer today.
What Does Nursing Home Neglect Look Like?
Nursing home neglect occurs when staff and caregivers fail to provide adequate care, supervision, or assistance to residents, resulting in harm or the increased risk of harm. Neglect is different from abuse as it generally involves a failure to provide proper care, rather than intentional harm or mistreatment.
There are several types of neglect, including medical neglect, basic care neglect, personal hygiene neglect, safety and supervision neglect, and emotional or social neglect. If you or a loved one is residing in a nursing home, it’s important to be aware of the common signs and symptoms. Below are some warning signs to look out for.
- Bedsores
- Malnutrition
- Dehydration
- Poor hygiene and soiled clothing
- Unexplained injuries or repeated falls
- Sudden weight loss
- Medication errors
- Infections
- Unsafe environment, like unsanitary conditions, broken equipment, or fall hazards
- Isolation or lack of stimulation
- Increased anxiety, depression, or withdrawal from activities
Any of these conditions may indicate that staff members are failing to meet the resident’s basic needs.
Can I Sue a Nursing Home for Neglect in CA?
Yes, when nursing home neglect results in harm to a resident, the victim or their family can file a lawsuit. Nursing homes and assisted living facilities have a legal duty to provide adequate care to residents. When they fail to uphold this standard and it causes injury or damage, they can be held responsible.
California law protects residents through the California Patients’ Bill of Rights and elder abuse statutes. Residents have the right to safe and humane care, freedom from abuse or neglect, access to medical treatment and hygiene, and respect for dignity and privacy, among other things. When these rights are not respected, the injured resident may file a lawsuit, or a family member/legal representative if the resident is incapacitated.
How Can I Prove Neglect?
To win a nursing home neglect lawsuit, you must be able to establish liability through the four elements of negligence.
- The nursing home owed a duty of care to the resident
- The nursing home breached the duty of care by failing to meet the standard of care
- The breach of duty directly caused the resident’s harm
- The resident suffered injuries or damages as a result
Gather evidence, including medical records, incident reports, photographs of injuries, witness statements, and more. An attorney can help request records, interview witnesses, and work with medical professionals. Contact an experienced legal professional for more information today.
