When we make the decision to place our loved one in a nursing home, there are dozens of questions on our minds, especially concerning the safety and well-being of our beloved family member. Furthermore, each question should be addressed by your nursing home facility. According to the U.S. Department of Health and Human Services, over 90 percent of nursing homes have been cited for absences in elderly care services purportedly provided to their occupants.
At Arnold Law Firm, our nursing home abuse lawyers have elderly loved ones of our own which require nursing home care; therefore, we have taken it upon ourselves to provide a list of frequently asked nursing home questions to our Sacramento community. Our attorneys also offer free consultations to those with a loved one in a nursing home facility.
To learn more, call (916) 777-7777 or complete the Free Case Evaluation form on this page.
What is considered neglect in a nursing home?
Any time there is a failure to provide a nursing home resident with the services that are necessary to their safety, health and overall well-being, it can be considered neglect. Inadequate nutrition, shelter, clothing, supervision and medical care are all common types of negligence suffered by residents in California nursing homes. The distinguishing factor between an abuse claim and a negligence claim are whether these failures were intentional or simply careless mistakes.
If I suspect that my loved one is being abused or neglected in a Sacramento nursing home, what should I do?
We urge you to confront the situation as soon as possible if you believe that your loved one is being abused or neglected in a Sacramento facility; do not ignore it. Contact an attorney who is well-versed in California law to see what legal options you and your loved one may have available. The sooner you speak to a lawyer, the sooner you will be able to put an end to the abuse of your loved one and possibly of other residents at the facility who are suffering the same way.
Are there any legal ramifications for acts of abuse or neglect in a nursing home facility?
Residents who have suffered from abuse or neglect are entitled to hire a private attorney in order to file a civil lawsuit to recover damages for the violation of the residents rights. These types of claims often results in an investigation and fining of the facility by an adult protective services agency, a civil cause for legal recourse on behalf of the abuse victim and a criminal prosecution to seek punitive damages which punish any intentional or malicious conduct.
Can a resident still sue a home for improper care if they do not have a contract with the facility?
Victims of abuse or their dependents in the event of a wrongful death claim can sue the home for improper care and negligence, regardless of whether the resident has a contract with the facility.
How long will it take to settle a California nursing home abuse or neglect claim?
There is not a set time on how long a California nursing home injury claim can take; it depends entirely on the circumstances of the claim. It can take anywhere from several weeks to several months for the resolution of claim to be reached. Negligence lawsuits are often complex and require extensive medical records and bills in addition to the burden of proving that negligence occurred and was to blame for the residents injury.
Who regulates California nursing homes?
According to the states Health Facilities Consumer Information Systems website, nursing homes in California are licensed, regulated, inspected, and/or certified by a number of public and private agencies at the state and federal levels, including the California Department of Public Health (CDPH) Licensing and Certification Division (L&C) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS).
What rights do nursing home residents have?
Residents have the right to be free of all types of abuse; verbal, sexual, physical and mental. They also have the right to be free of any physical or chemical restraint used for either disciplinary purposes or for convenience. Restraints can only be used if necessary for medical conditions and to ensure the safety of the resident and others. They have the right to general quality care and the right to be evaluated and informed of their medical condition. Residents also have the right to complain without fear of retaliation. Additionally, residents have the right to refuse treatment and the right to choose their own doctor.
If you or a loved one has suffered from nursing home abuse, contact us today at (916) 777-7777.
Your initial consultation is free of charge and there are no upfront costs for us to handle your case.
Alternatively, contact us online by completing the Free Case Evaluation form at the upper right of this page it is completely FREE to submit and all information entered will remain strictly confidential.