Elder Neglect in California Nursing Homes

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By Yosi Yahoudai
Founder and Managing Partner

Q: Do injuries or deaths from malnutrition or dehydration in a nursing home constitute negligence and elder neglect?

Sadly, nursing home neglect in California is a big problem –especially in homes run by individuals or companies that put profits over the welfare of its residents. Insufficient or poorly-trained staff can be a recipe for disaster.

The Elder Abuse and Dependent Adult Civil Protection Act of California defines elder neglect as “the negligent failure of any individual having care or custody of an elder or dependent adult to provide a standard of care that a reasonable person would provide under the same circumstances.”

Some common instances of elder neglect in nursing homes include:

  • slips and falls
  • pressure sores
  • wandering/elopement
  • malnutrition or dehydration.

In fact, any illness or death due to malnutrition or dehydration constitutes negligence.

Damages recoverable by victims of elder neglect and elder abuse may include current and future medical expenses, lost income, pain and suffering, and more. The responsible party may be criminally charged as well. In addition, a deceased victim’s close relatives may be entitled to compensation in a wrongful death action, depending on the particular circumstances of each case.

A man described as “the owner of California’s biggest nursing home chain”– with reported ownership interest in 81 nursing homes– is in the spotlight as a result of allegations of negligence, elder neglect and/or elder abuse in at least one facility. Some of his current and former nursing homes were reportedly the subject of FBI raids, federal government decertification and denial for Medicare eligibility, or “below average” scores in “nursing staffing and health inspection categories” and more.

One woman has brought a lawsuit claiming elder abuse and negligence regarding the death of her 68 year-old mother during a five-week admission for rehab care in an Inglewood nursing home. Reportedly, the mother died after she was rushed to the hospital “in critical condition suffering from pneumonia, dehydration, and body temperature of lower than 80°.” The daughter wants answers.

If you or a loved one has been injured or a loved one has been killed as a result of the negligence of another in a nursing home facility, the elder neglect and elder abuse attorneys at the personal injury Law Firm of J&Y can help you recover the compensation you deserve. Call us today at 888-806-6722 for a free consultation. We represent clients throughout California from our headquarters in Los Angeles and 21 locations throughout the state.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.