Your Loved Ones Should Not Suffer From Nursing Home Neglect
The decision to entrust a loved one’s care and well-being to a long-term care facility is never easy. It is important to do research and choose the best facility possible for your loved one. No one expects that the nursing home or assisted living facility will cause harm to your loved one, however, if you believe that has happened, we at the Steven D. Davis Law Group, APC are here to assist you.
It is no doubt distressing to learn that your relative has been injured as a result of neglect or negligence at the skilled nursing or long-term care facility. Consulting with an experienced attorney can provide answers and information after you suspect that your family member has been harmed by neglect resulting in:
- Dehydration or malnutrition, when you expected the nursing home to provide proper nutrition and hydration
- Bedsores (decubitus ulcers), known to be a key indicator of neglect in a care facility
- Fractured limbs
- Lack of personal hygiene, including failure to bathe, brush teeth or change the clothes of your loved one
- A fall that would not have happened with proper supervision and attentiveness
- Elder abuse of any kind, including psychological abuse or any of the above-mentioned signs of neglect
- A fall that results in a broken hip, which can lead to a prolonged period of hospitalization
A Law Firm Representing Nursing Home Injury Victims In Los Angeles County
Experienced and dedicated personal injury attorneys at Steven D. Davis Law Group, APC in Culver City represent people injured in Southern California nursing homes and other types of long-term care facilities. We know what nursing home neglect looks like. Our clients appreciate our lawyers’ empathy and advocacy skills.
We welcome inquiries from Los Angeles and Southern California-area family members or from elderly, disabled or dependent residents themselves. Our experience, knowledge and reputation provide us with the tools to evaluate the evidence and seek the appropriate compensation on behalf of our clients.
Frequently Asked Questions On Nursing Home Negligence
Nursing home neglect and abuse are all too common in California, unfortunately. 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, APC in Culver City. Our lawyers will work diligently to advocate for you.
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.
What is the legal difference between nursing home negligence and elder abuse in California?
In California, nursing home negligence and elder abuse are related but carry different legal implications. Negligence involves failure to use reasonable care such as inadequate supervision, poor hygiene practices, mismanaged medications or improper nutrition/hydration.
On the other hand, elder abuse can result in physical injuries such as fractured limbs, overmedication, and unplanned and unexpected weight loss. Under the Elder Abuse and Dependent Adult Civil Protection Act, requires a showing of recklessness, intentional wrongdoing or patterns of neglect that rise beyond simple mistakes. An experienced attorney is essential to investigate the nursing home’s history and prove the recklessness necessary to trigger the Elder Abuse and Dependent Adult Civil Protection Act, which allows for enhanced financial penalties and the recovery of attorney’s fees. This legal distinction is crucial because it significantly affects the total compensation and damages available to the victim.
What should I look for if I suspect a loved one is a victim of abuse or neglect?
The most common signs are the development of bedsores or pressure ulcers, poor hygiene, malnutrition, dehydration, unplanned or unexpected weight loss, fractured limbs, failure to timely turn a bedridden patient, overmedication, and understaffing of a facility resulting in any of the above.
Is a bedsore (pressure ulcer) always considered proof of neglect in California?
A bedsore, also called a pressure ulcer, can be a strong indicator of neglect, but it is not automatically proof of wrongdoing. California law acknowledges that some residents have medical conditions that create a higher risk of bedsores, even with proper care.
However, advanced or untreated bedsores usually signal inadequate monitoring, poor repositioning practices or failure to provide timely medical intervention.
If you notice a pressure ulcer, it is important to look at the surrounding circumstances. Some of the things to consider include:
- If the facility followed a documented turning and repositioning schedule
- If medical providers properly assessed skin integrity and responded to early signs
- If staffing levels and training met industry standards
Even when a bedsore is not definitive proof, it can raise questions that warrant investigation. A Los Angeles nursing home abuse lawyer can review records, consult medical experts and determine whether the injury meets California’s legal threshold for negligence or elder abuse.
Does a nursing home wrongful death require a sudden accident?
No. In California, many wrongful death claims are based on a “slow decline” caused by chronic neglect. If a facility’s failure to provide basic hydration, nutrition or hygiene weakened your loved one to the point where they could no longer fight off a minor infection, the facility may be legally responsible for their passing.
Who may be liable for nursing home abuse or neglect?
The owners, management and staff of the nursing facility can be held liable. Staff members responsible for abuse are agents for the provider who owns the home, and both can be held liable.
Can I sue a Los Angeles nursing home if the injury was caused by understaffing?
Yes. Under California law, chronic understaffing in nursing homes can support a lawsuit against the nursing home if it contributed to injury. Facilities must maintain adequate staff to meet residents’ daily needs, provide supervision and help ensure timely care.
When a facility cuts staff to save costs, resulting injuries may qualify as negligence or elder abuse, depending on the severity of the conduct.
When understaffing contributes to harm, several issues can arise, including:
- Delayed response times leading to falls, infections or medical complications
- Missed hygiene care increases the risk of bedsores or illness
- Failure to provide necessary supervision for high-risk residents
These conditions can produce serious but preventable harm. A nursing home neglect attorney can help gather evidence, demonstrate how staffing levels violated California requirements and pursue compensation for the resident and their family.
What should I do if I 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 contact the Department of Public Health to report any suspected abuse. It is also important to collect and record any evidence you can, including taking photos of the physical evidence of injury and photos of the room and facility.
If you need help determining what steps to take next, our lawyers are here to guide you through this process.
We Offer Free Consultations In Los Angeles County And Southern California
Call 310-570-2981, or send an email to schedule a consultation. Learn how Steven D. Davis Law Group, APC can pursue the justice you are looking for after an injury caused by neglect/abuse in a nursing home or residential care facility.
