California law protects elders from physical abuse and mental abuse by nursing home employers, such as the improper use of restraints and persistent harassment, but elders are also protected against the failure of nursing home caregivers to act in providing the care they need. This failure to provide care is referred to as “neglect” under the law, and it can serve as the grounds for a successful lawsuit against a nursing home where the elderly person has been injured or died as a result of nursing home neglect. In order to win a settlement or a verdict at trial, there should be sufficient facts that will prove that the nursing home neglect did indeed occur.
Defining Nursing Home Neglect Under California Law
Under the California laws defining neglect and providing elders and their surviving family members with a right to sue nursing homes for neglect, the following types of acts are considered neglect when they result in injury or death:
- Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
- Failure to provide medical care for physical and mental health needs (that said, nursing homes may legally respect an elder’s decision to refuse medical care based on religious grounds)
- Failure to protect from health and safety hazards (e.g. infestations, mold, fire risks, etc.)
- Failure to prevent malnutrition or dehydration
- Any other failures of nursing home staff to exercise that degree of care that a reasonable person in a like position would exercise which results in injury or death
Working With an Elder Abuse Attorney to Build a Nursing Home Neglect Case
Because elders in nursing homes are, by definition, dependent on nursing home employees to provide them with care, and the lack of care can affect an elder’s ability to function, it is often up to family members and friends to keep an eye open for neglect. Those supporters of an elderly person can then contact an experienced elder abuse attorney who can fully investigate the situation to determine whether sufficient grounds exist to serve as the basis for a successful elder abuse neglect case against the nursing home.
By working with an experienced attorney to bring a neglect case, you can not only win the financial recovery for injuries and pain and suffering that an elderly person deserves but also act to hold nursing homes accountable for their failures and deter future injurious neglect inflicted on the elderly in California.
Contact the Elder Abuse Attorneys at Berglund & Johnson Today
Having worked with injured victims and their families across Southern California for over three decades, we understand the fear, intimidation, and confusion that can result from elder abuse. Our attorneys are here to help you through this process and provide all the guidance you need to get the recovery you rightly deserve. We are committed to serving the legal needs of you and your family in an honorable, ethical, and compassionate manner. Contact Berglund & Johnson today at 1-800-4IF-HURT to schedule a brief, no-hassle consultation to discuss your situation and see how we might be of service to you and your family.