As our society ages, more individuals will need to make critical long-term care decisions, such as whether to enter a nursing home. While most skilled nursing facilities provide their residents with quality care, nursing home neglect can result in catastrophic injuries. If you or a loved one has been injured due to the negligence of a nursing home, you have a right to file a lawsuit to obtain compensation.
J&Y Law is a premier personal injury practice serving elders and their families throughout California. Our legal team is dedicated to holding nursing homes accountable for negligence and fighting for the rights of the injured. When you consult with us, we will offer you informed representation and the personal attention you deserve. Please contact our office today for a free evaluation of your case.
What is Nursing Home Neglect in California?
Under California’s Elder Abuse Law, neglect is defined as the negligent failure of a nursing home to provide a reasonable standard of care to an elder or dependent adult in their custody. This means that nursing homes and assisted living facilities have a legal obligation to provide their residents with appropriate care and treatment.
Although many nursing homes fulfill this obligation, skilled nursing facilities are often run by corporations that put profits ahead of their patients. At times, nursing homes attempt to cut costs by having inadequate staff or by hiring workers who lack experience and training. No matter the reason, nursing homes must be held to account for injuries caused by their negligence. At J&Y, we have the skills and resources to fight nursing home neglect and to help injury victims obtain just compensation.
Types of Neglect
Neglect in a nursing home setting involves a wide range of misconduct, including failing to assist in personal hygiene, neglecting to provide food, water, clothing or shelter, failing to provide physical and mental health care, failing to protect patients from health and safety hazards, and failing to prevent malnutrition and dehydration.
Ultimately, nursing home neglect can lead to accidents and injuries such as:
- Falls — Because nursing home patients are susceptible to falls, facilities are required to develop a care plan at the time a patient is admitted. The care plan must include a risk assessment of the patient to determine the assistance he or she will need to move around the facility safely. When caregivers fail to provide adequate supervision, patients can be injured from falls caused by wet floors, improper bed height, poorly fitted wheelchairs, and other hazards. Nursing homes have an obligation to prevent falls by ensuring that there is adequate staffing to ensure patients are properly supervised.
- Pressure Sores — These injuries are common in patients who are bedridden, which is why pressure sores are also referred to as “bed sores.” Pressure sores are extremely painful and can also result in life-threatening complications. Caregivers in nursing homes should be properly trained to prevent bedsores by regularly turning residents, ensuring they have proper hygiene and clean clothing, and keeping them hydrated and nourished. Pressure sores can also be prevented by using technologically advanced mattresses and cushions.
- Wandering or Elopement — Many nursing home patients are memory impaired due to dementia, Alzheimer’s disease and brain injuries. While these patients often require specialized care in memory centers, many nursing homes lack the resources to properly care for and supervise memory-impaired patients. This can lead to elopement, which happens when a patient wanders away from the facility, which can result in serious bodily harm and wrongful death.
- Malnutrition or Dehydration — Nursing home patients must be provided with sufficient hydration and nutrition. Because some patients may have difficulty swallowing, this may involve providing intravenous fluids or the use of a feeding tube. Patients that are dehydrated or malnourished experience pain and suffering and are at a high risk of death. A nursing home that fails to provide adequate nutrition and hydration to a patient can be held liable for negligence.
At J&Y, we believe that there is no excuse for nursing home neglect. When caregivers fail to properly supervise elders or provide them with adequate care and nourishment, we work diligently to hold them accountable. Although nursing homes typically have powerful attorneys to defend their misconduct, we have the skills and experience to hold them accountable.
Contact Our Experienced California Nursing Home Neglect Lawyers
J&Y is dedicated to fighting for the rights of victims of nursing home neglect. When you become our client, we will conduct a thorough investigation, which includes a review of the facility’s medical records to determine whether a plan of care was established and followed. Our legal team will determine the best course of action and help you obtain meaningful compensation. Although each claim is unique, you may be awarded damages such as past and future medical expenses, pain and suffering and attorneys’ fees. Above all, we will treat you with the dignity and respect that you deserve. Please contact our office today for a free consultation.