When you seek out a nursing home or assisted-living facility in the Camarillo, CA area, you should be able to trust that it will be a safe place for your elderly loved one. However, it can be difficult to find a facility where you can be certain that your parent or other elderly relative will not be at risk of elder abuse or neglect. Although it can be beneficial to research the safety histories of nearby facilities, it is important to keep in mind that a history of patient health issues or safety violations is not the only predictor of elder abuse risks in the future. While facilities with poor safety and health records certainly could be responsible for nursing home abuse, you should also remember that elder abuse and neglect can occur at any facility regardless of its price tag or its recent safety history.
If you have questions or concerns, one of the experienced Camarillo nursing home abuse and neglect attorneys at our firm can help. At the Southern California Nursing Home Law Group, we have years of experience representing older adults and their family members in Ventura County.
How California’s Elder Abuse Law Helps Camarillo Seniors in Nursing Homes and Assisted Living FacilitiesCalifornia’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) protects seniors and dependent adults who are subject to abuse or neglect in nursing homes, assisted-living facilities, board and care, memory care, and in other places where they receive care. This law has been in place since 1991. Although it has undergone some changes since that date, it is important to know that the law was specifically designed to protect California’s vulnerable senior population.
In creating the law, California lawmakers clarified that “elders and dependent adults may be subjected to abuse, neglect, or abandonment, and that this state has a responsibility to protect these persons.” Further, lawmakers indicated that the law was designed “to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment.”
The EADACPA defines elder abuse broadly, and it can include any of the following:
The law also recognizes any other type of treatment that results in physical harm or mental suffering to be a form of elder abuse under the law. The EADACPA specifically defines neglect as the “negligent failure of any person having the care or custody of an elder or dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.”
Common Signs of Nursing Home Abuse and Neglect in Camarillo, CAHow can you know if an elderly loved one in a Camarillo nursing home suffered an injury because of abuse or neglect? In generally, any of the following signs or symptoms should be taken seriously and should be investigated:
If you do have a claim and want to take legal action, you need to know that California law only gives you a limited time window in which to file a lawsuit.
For an injury case arising out of nursing home abuse or neglect, a plaintiff must file a legal within the applicable statute of limitations. In California, the statute is one or two years from the date of the incident or injury, depending on the type of facility being sued and the allegations being made. Once two years have passed, the claim will become time-barred. In devastating situations where a nursing home resident has sustained fatal injuries because of nursing home abuse or neglect, we always recommend the family speak with nursing home malpractice lawyers within one year of the date of harm.
Contact a Nursing Home Abuse and Neglect Attorney in Camarillo, CADo you have concerns about an elderly loved one’s safety or well-being at a Camarillo nursing home or assisted-living facility? Nursing homes and residential care facilities for the elderly are required to provide a certain level of care to seniors who reside in these facilities. If a nursing home fails to provide an acceptable standard of care, or if a staff member intentionally harms a nursing home resident, it is extremely important to hold the facility accountable.
One of our dedicated Camarillo nursing home abuse and neglect lawyers can evaluate your case today and can discuss your options for seeking compensation from the facility. Contact the Southern California Nursing Home Law Group by filling out our online form or by calling our office at (866) 607-1325.