As our loved ones age, the difficult decision of placing them in a nursing home may arise. We entrust these facilities to provide exceptional care, dignity, and respect for our elders. While many California nursing homes meet these standards, preventable injuries due to neglect still occur.

If a cherished senior in your life has suffered an injury in a California nursing home, California law allows you, or someone acting on their behalf, to take legal action against the negligent facility or caregiver responsible.

The Nursing Home & Elder Abuse Law Center in California is dedicated to advocating for elders and holding negligent parties accountable. Our skilled nursing home injury lawyers can be reached at 1-877-270-4700

California Nursing Home Resident Rights

California law safeguards the rights and well-being of nursing home residents. While violations don’t always lead to direct injuries, they can have serious consequences. Remember, injuries can be physical, but rights violations can also cause emotional trauma and financial exploitation. Here’s a general overview of some key California nursing home resident rights:

  • Financial Management: Residents have the right to manage their personal finances and receive statements detailing any transactions made by the facility.
  • Confidentiality: Residents’ medical and personal records must be kept confidential.
  • Discharge: Residents cannot be discharged without proper notification and explanation.
  • Medical Treatment: Residents have the right to participate in planning their care, including the right to refuse treatment.
  • Choice of Healthcare Providers: Residents have the right to choose their own doctors and specialists.
  • Freedom from Abuse: Residents have the right to be free from all forms of abuse, including mental, emotional, physical, sexual, and financial exploitation. This includes freedom from forced isolation, threats, and humiliation.
  • Dignity and Respect: Residents deserve to be treated with courtesy, respect, and sensitivity.
  • Voice Concerns: Residents have the right to voice complaints about facility policies and services without fear of retaliation.
  • Restraint Minimization: Residents should be free from physical restraints unless absolutely necessary to prevent harm to themselves or others.
  • Privacy: Residents have a fundamental right to privacy.
  • Social Activities: Residents can participate in social, religious, and community activities unless medical reasons prevent it.

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Common Types of Nursing Home Accidents and Injuries

The vast majority of nursing home injuries occur as a result of negligence, abuse, or neglect. The mere occurrence of an accident suggests that since caregivers were not providing proper supervision or care, they committed neglect. Some of the most common types of nursing home accidents and injuries include:

Pressure Sores/ Bed Sores

Some nursing home residents must spend a great deal of time in bed and/or in a wheelchair. Part of providing proper care is adjusting a resident’s position regularly so that he or she does not develop pressure sores, which are areas of damaged skin that result from being stuck in one position too long. Left untreated, pressure sores can lead to severe infections and sometimes death.

Falls

Elders already are more prone to falls because of aging and difficulty with mobility. Caregivers who don’t properly supervise or help residents walk, go to the bathroom, or provide them with something they need, put residents at risk for slip and fall or trip and fall accidents. Falls commonly result in broken bones, especially hips, leading to severe pain for residents.

Medication Issues

In the most extreme cases, some nursing homes use medication to control residents. Sadly, some facilities may overmedicate residents to prevent specific behaviors. Overmedication can lead to accidents, injury, and medical complications. In more benign, but still serious, situations, nursing home staff may make mistakes in the dosage or type of medication a resident takes. Medication errors can lead to severe illness

Seeking Compensation After a California Nursing Home Injury

If you suspect a loved one has suffered injuries due to negligence, neglect, or abuse in a California nursing home, legal action can help recover compensation for damages. Several parties might be liable, including nursing staff, the facility itself, and insurance companies. A nursing home abuse lawyer can advise on who to pursue based on your situation.

Potential Recoverable Damages:

  • Medical Expenses: This includes costs associated with hospitalization, rehabilitation, physical therapy, mental health services, medications, and diagnostics related to the injury.
  • Relocation Costs: Compensation for expenses incurred when moving your loved one to a new residence or nursing home due to the injury.
  • Future Medical Care: If the injury necessitates ongoing treatment, compensation for estimated future medical costs can be recovered.
  • Pain and Suffering: Compensation for the physical discomfort endured by your loved one.
  • Emotional Distress: Compensation for the emotional trauma caused by the experience.
  • Punitive Damages: In rare cases, if the facility or staff acted with gross negligence or intentionally caused harm, punitive damages may be awarded to punish the at-fault party.

Contact California Nursing Home Injury Lawyers Today

Our cherished elders deserve exceptional care during their golden years. When nursing homes fail to meet these standards, it can have devastating consequences. If you suspect neglect or abuse leading to injuries for a loved one, take action. Report your concerns to the facility administrator immediately to protect both your loved one and future residents.

The Nursing Home & Elder Abuse Law Center understands the weight of this situation. We’re here to help you seek justice. Contact us online or call for a free consultation to discuss your loved one’s case with skilled nursing home injury lawyers.

Don’t let nursing home physical elder abuse go unaddressed. Get the legal help you deserve.

  • Contact our experienced nursing home abuse lawyer for a free consultation.
  • Call (877) 270-4700 or our closest local office for a free consultation.