When people allege elder abuse and neglect under California law, they usually mean either physical abuse or an elder, or neglectful care. “Physical abuse," is self-evident, as a battery of any kind upon someone over 64 years of age is going to be considered “elder abuse.”
"Neglect," on the other hand, is not so easy to identify. Under California law, neglect is defined as the failure of any person having care or custody of that person to exercise a degree of care that a reasonable person in a like position would provide and doing so recklessly, or with the intent to cause harm. To be “reckless” is to disregard the rights and safety of a person receiving custodial care in a manner that causes injury or death.
In the nursing home or assisted living environment, a resident-patient can be subject to neglect in a variety of ways, including, but not limited to, a failure to keep a resident free from safety hazards, a failure to follow an established care-plan (or to update an existing care-plan), the failure to provide adequate nourishment, the failure to provide necessary care, or a general failure to prevent illness or injury. Most cases at Southern California Nursing Home Law Group involve falls with injuries, Stage III or IV bed sores, dehydration and malnutrition, and wrongful death.
Every case is different, however, and every case requires its own investigation and analysis by qualified Riverside nursing home lawyers.
Whether or not you have a viable legal case depends on the facts. If there was evidence of abuse or neglect or some other wrongdoing, but no injury or actual harm, then probably not. But if you experienced an unintended injury, illness, or death – whether committed intentionally, or based on the failure to provide healthful care - that you believe was preventable, then yes, you probably have a case.
If the death of loved one can be causally connected to the acts or omissions of the nursing home or assisted living facility staff, then yes, the heirs of the person who passed away would likely have a viable case for “wrongful death” under California law.
Also, under current California law, in addition to the wrongful death case for the heirs, the person who died might have a case for his or her own treatment and recover “pre-death” pain-and-suffering damages. The depends on the egregiousness of the conduct of caregivers.
Probably. Here at Southern California Nursing Home Law Group, we have handled hundreds of nursing home bed sore cases. In short, large bed sores such as those graded as a Stage 3 or 4, should not occur in a nursing home or assisted living facility. These pressure sores are usually the result of the failure to move the resident, instead of leaving them for long periods in a bed or wheelchair. Nursing homes have a legal duty to treat in a way that would prevent these sores, monitor for them, and when noticed, create a competent treatment plan to address them. The failure to do so could give rise to a lawsuit.
It depends on what caused the fall, and the injury that was suffered. We frequently see cases involving head injuries and fractured hips/femurs/pelvis resulting from falls. If those falls occurred because the facility failed to adequately assess the resident’s risk for falling, or the facility contributed in some other negligent way for the fall, then yes, you and/or your loved one probably has a viable legal case.
The statute of limitations in cases against a nursing facility requires an understanding about how the facility is licensed. In a case alleging negligence against a facility licensed as a skilled nursing provider (a “nursing home”), the statute of limitations is one year from the date of any injury-producing event. If the conduct is so egregious that it could be considered “neglect,” then limitations period could be two years from the date of the neglect.
In a case is against a facility that is licensed as a “residential care facility for the elderly” (“assisted living”), then the statute of limitations would be two years from the date of the negligence or the more serious elder neglect or abuse.
We always recommend that those who believe they might have a case to contact a lawyer within one year from the date of the injury or the date of death.
Southern California Nursing Home Law Group is one of a small group of law firms in Southern California that focuses substantially on elder abuse and neglect cases and represents families in all Southern California counties. Randy Walton and Lukas Pick have decades of experience in this area of law, and understand how nursing homes, assisted living facilities, and board and care homes operate, and the healthcare standards they are required to maintain. Randy and Luke are considered top Riverside nursing home lawyers and never charge a fee to discuss a case.
The value of an elder abuse or neglect case against a nursing home or assistive living facility can vary. It always depends on the facts. The more egregious the conduct, and the more serious the harm, the more valuable the case. Southern California Nursing Home Law Group cases have resulted in recovers that exceed $1 million, but most cases resolve for less than that. The average settlement in a legal case against a Riverside nursing home for injury or death is $411.000.00.