Nursing Home Negligence FAQs

Unfortunately, nursing home neglect and abuse are all too common in California. Many people have questions and concerns about the care a loved one has received at a long-term care facility. These types of cases are rarely cut and dry, which is why it is important to seek qualified legal advice from an attorney at Steven D. Davis Law Group, A Professional Corporation, in Santa Monica.

The following are some of the most common questions our lawyers receive from clients who suspect that a loved one has been a victim of nursing home neglect. It is important to remember that everyone's situation is different and you should always speak with an attorney to help address your concerns in more detail.

What are the rights of nursing home residents? It may seem self-evident, but residents of nursing homes and long-term care facilities have the right to be free from verbal, physical, mental and sexual abuse. Furthermore, residents may not be physically or chemically restrained as a means of discipline or for the convenience of the staff. If a nursing home is a Medicare participant, a resident has rights under federal law. If a nursing home does not participate in the Medicare program, the resident still has rights under California law.

Is there a difference between abuse and neglect? Yes. Abuse involves physical assaults/battery. Neglect involves a failure to provide proper hygiene, medical care, proper nutrition/hydration and prevent safety hazards. Abuse and neglect are not mutually exclusive and may occur at the same time.

What should I look for if I suspect a loved one is a victim of abuse or neglect? Signs of abuse and neglect take many forms. Among the most common are unexplained bruises or injuries, untreated bedsores or pressure ulcers, unclean clothing or bed sheets, weight loss, emotional withdrawal or depression, and loss of property or suspicious withdrawals from bank accounts.

Who may be liable for nursing home abuse or neglect? Staff members responsible for abuse may be held personally liable for their actions. However, as employees of a nursing home, they are also acting as agents for the provider that owns the home, which may be held liable as well. We will ensure that all responsible parties are held accountable for their roles in allowing negligent acts to occur.

What should I do if a suspect a loved one has been a victim of abuse or neglect? You should notify the nursing home administrator of your concerns right away. The administrator is required by law to investigate your claims and report the findings to the state. You should also reach out to the Department of Public Health. It is also important to collect and record any evidence you can. If you need help determining what steps to take next, our lawyers are here to guide you through this process.

Contact Us For Answers To Your Nursing Home Abuse Questions

Call 310-570-2981 or send an email to schedule an initial consultation. Remember, elderly individuals require a certain level of care and present unique challenges. What appears like neglect to you may still be acceptable in the eyes of the law. We can help determine whether you have a strong claim and help you explore your options for going forward. We serve clients throughout Los Angeles and across Southern California.