Nursing Home Accidents and Abuse
A nursing home is a broad term used for facilities in California that permanently or temporarily house and provide nursing care for dependent adults, chronically ill of any age, and/or the elderly. Unfortunately, our loved ones whom we trust to the hands of others in nursing homes may become victims of abuse and neglect as much as they are victims of accidents. It’s unfortunate but happens way too often. If you or a loved one has experienced abuse or an accident at a nursing home, there are remedies in California available to you so that you can recover damages but also initiate remedial action that can help current and future residents of nursing homes.
Below is an overview of California’s laws relevant to nursing home abuse and accidents as well as answers to common questions our clients ask. After reviewing this page, if you still have questions or want to get started on your own claim or lawsuit, contact us. We will connect you with the best nursing home personal injury attorneys in Los Angeles. They are committed to making sure some of our community’s most vulnerable members get the legal representation they need and deserve so that they can focus on recovery.
What Constitutes Nursing Home Abuse in California?
Abuse is unlawful in Los Angeles, and abuse at nursing homes or assisted living facilities is no different. In California, a person who is 65 years old and experiences any of the following at an assisted living or nursing facility is a victim of nursing home abuse:
- Neglect, which refers to an act where a person willfully places a nursing home resident or an elder in a dangerous situation;
- Emotional abuse, which refers to the intentional infliction of emotional distress to a resident;
- Financial abuse, which refers to the mismanagement of an elder’s money or property but can also involve criminal activities like theft or embezzlement; and
- Physical abuse, which––according to California Welfare and Institutions Code § 15610.63, includes but is not limited to:
o Assault;
o Battery;
o Sexual assault;
o Unreasonable physical constraint;
o Improper administration of medication.
Examples of Nursing Home Abuse
To better understand nursing home abuse, here are a few examples:
- Carl is bedridden at an assisted living facility. The staff constantly ignore him and refuse to turn him to prevent bedsores. Bedsores, unfortunately, develop and become infected. This is neglect.
- Mr. Singh requires a lot of medication. The staff fails to measure the quantity accurately and he is over-medicated. This is neglect.
- Mrs. Smith is an elder at a nursing facility who is a picky eater. The staff is sick of it and refuses to pay attention to whether or not she eats and has started inaccurately recording food intake in her log. Mrs. Smith becomes malnourished and dehydrated. This is neglect.
- Amanda works at a nursing home and is tired of repeating herself to a nursing home resident Jimmy who is partially deaf. Amanda thinks he’s rude and so doesn’t let him engage with others or doesn’t bring him to events or permit him to do any kind of socializing. Jimmy becomes depressed. This is emotional abuse.
- Susan cares for Mrs. Rogers, who lives in a nursing home outside of Los Angeles. Susan does a good job except she has gotten in the habit of stealing money out of Mrs. Rogers’s room on a regular basis because she knows Mrs. Rogers will never notice. This is financial abuse.
- Mr. Wilson has Alzheimer’s disease and is a patient at an assisted living facility. Jerry works at the assisted living facility and is tired of constantly having to look for or prevent Mr. Wilson from leaving the premises on his own, so Jerry has started administering sedatives to Mr. Wilson. This is physical abuse.
- Mrs. Chen has advanced dementia and lives at an assisted living facility. John is a caregiver who regularly and inappropriately touches Mrs. Chen in her genital area. This is sexual assault.
Signs of Nursing Home Abuse
There are many different signs that could indicate nursing home abuse. The primary thing to look out for is any indication that your loved one is acting differently in any way. Stay engaged in their lives and up-to-date on what’s happening at the nursing facility. Generally speaking, though, any of the signs below could indicate abuse:
- A pattern of bruises or scrapes (e.g., bruising on the arms, legs, breasts, or genital areas);
- A change in behavior (e.g., social withdrawal, angry outbursts, or scared easily);
- Exhibiting repetitive behavior (e.g., rocking back and forth);
- Broken possessions (e.g., broken eyeglasses);
- Fear of being left alone;
- Poor appearance or uncleanliness;
- Uncleaned room;
- Weight loss;
- Chronic dehydration;
- Frequent infections;
- Frequent soiled diapers or clothing;
- Refusal to take medication; and, among other possible signs,
- Changes in financial behavior (e.g., unexplained purchases).
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What Constitutes Nursing Home Accidents in California?
Nursing home accidents are like any accidents, except they occur at a nursing facility. Like accidents outside a nursing home, some accidents entitle the victim to compensation when:
- A staff member, another employee, a vendor, or the facility’s owner acts negligently, recklessly, or intentionally; and
- The wrongdoing caused harm to the victim.
The most common type of accident in nursing homes in California are those related to falls and bedrail accidents.
Fall Accidents
California has one of the highest rates of falls among adults who are aged 65 years or older. In fact, according to the Centers for Disease Control and Prevention (CDC), California’s rate of falls among this population is 30.6% while the national average is 28%. On the other hand, the percentage of adults aged 65 or older who die due to complications of the fall is among the lowest in the country: 40 deaths per 100,000 in California versus 64 deaths per 100,000 nationwide. Death from a fall, though a possibility, is still a rarity.
There are, however, other serious but non-fatal injuries that an elder can sustain if he or she experiences a fall in a nursing home. The CDC reports that each year, one out of five falls causes a serious injury. Further, roughly “3 million older people are treated in emergency departments for fall injuries.”
Common Injuries from Falls
- Broken bones––these injuries can have serious ramifications for older adults. For example, hip fractures can be deadly, according to a study published by Geriatric Orthopaedic Surgery Rehabilitation, more than 20% of older adults who sustain a hip injury will die within one year from the date of the injury. Further, according to the CDC, “[m]ore than 95% of hip fractures are caused by falling, usually by falling sideways.”
- Traumatic brain injuries (TBI)––according to the CDC, most TBIs are caused by falls, and even if the TBI is a simple concussion, for an older person, that can still be quite serious.
- Back and spinal injuries––when a senior experiences spinal injuries, he or she may have to temporarily or permanently use a wheelchair, and this limited mobility can cause emotional distress and carry other life-changing consequences.
- Kneecap damage––even when a fall isn’t as serious, if the victim falls on the knees, damage could be sustained. Elders with osteoporosis or brittle bones are more susceptible to more serious injuries.
- Facial injuries––depending on how hard the fall is and what the elder person falls on, she or he can experience facial injuries. Most facial injuries will be superficial but some may require stitches or other medical or dental treatment.
Causes of Falls in Nursing Homes
- Weakness, gait, or balance disorders––residents of nursing homes are typically older and weaker, and the latter alone can be cause for a fall (but if the fall is due solely to the resident’s own health, damages may not be compensable).
- Environmental hazards––according to the CDC, 16% – 27% of all falls are caused by environmental hazards like equipment in halls. Other environmental hazards include wet floors (e.g., a spill or a floor that was just mopped), poor lighting
- Equipment hazards––defective or improperly maintained equipment like wheelchairs or beds set too high can cause falls.
- Neglect––a resident may have been left alone, ignored, or otherwise improperly cared for and because of that neglect, she or he experienced a fall.
Bed Rail Accidents
Bed rails are used in nursing facilities to help prevent residents from falling out of bed and injuring themselves. Bed rails, however, have rapidly become a source of injury themselves. According to a U.S. Consumer Product Safety Commission (CPSC) report, Adult Portable Bed Rail-Related Deaths, Injuries, and Potential Injuries, the two most common causes of death among the elder population using portable beds or hospital beds (like those used in nursing homes) are falls and rail entrapment with rail entrapment far exceeding deaths from falls. Nearly half of all bed rail accidents reported to the Food and Drug Administration (FDA) have resulted in death.
Aside from the possibility of death, other injuries––primarily to the head, legs, and feet––include:
- Broken bones or fractures.
- Cuts (lacerations)
- Bruises (contusions)
- Scrapes (abrasions)
- Choking
- Entanglement
Who Can File a Claim in California for Nursing Home Abuse or Accidents?
According to the California Elder Abuse and Dependent Adult Civil Protection Act, you or a family member on your behalf can file a claim or lawsuit against a caregiver or a nursing facility for nursing home abuse or personal injuries if:
- a senior (a resident aged 65 years or older); or
- A dependent adult (a resident aged 16–64 years old with limited physical or mental capabilities that restrict the person from conducting basic day-to-day activities.)
What are the Remedies for Victims of Nursing Home Abuse and Accidents in Los Angeles?
You have options in California if you or a loved one have been the victim of a nursing home accident or nursing home abuse. You can file a claim or lawsuit for damages. If the injury is the result of abuse, you can also (and should also) report the abuse to a governmental agency (like your local ombudsman for long-term care or the Attorney General, Bureau of Medi-Cal Fraud & Elder Abuse) to spark an investigation and report it to the police for criminal prosecution.
In some cases where it is evident more than one resident is a victim of the same type of abuse or accident, a class action lawsuit may be relevant. Though class actions have their benefits, they do restrict what a victim can demand in terms of compensation.
From a nursing home personal injury claim or lawsuit, you can demand compensation for things like but not limited to:
- Medical bills
- Hospital expenses
- Medical devices
- Physical therapy
- Mental health counseling
- Emotional distress
- Loss of enjoyment
- Pain and suffering
- Attorney’s fees and court costs.
If the injury is the result of reckless or intentional acts, then you may also be able to obtain punitive damages.
Also, if criminal charges are brought, you could also receive restitution if the defendant is found guilty.
What are Potential Legal Defenses to Nursing Home Abuse Lawsuits?
It’s always important to know what you could be up against if you file a claim or lawsuit again a nursing facility and any of its staff members or vendors. The three most common defenses made include:
- False Accusations––False accusations, unfortunately, are made (intentionally or not), and the defendant could try to use this as a defense.
- Insufficient Evidence––this often is used in collaboration with a false accusation defense, and it could be successful if there is insufficient evidence.
- Mistaken Identity––identifying the person directly responsible for your injury or your loved one’s injury can be difficult, especially if the resident has bad memory, bad eyesight, etc.
These three are valid defenses, and that’s why having a compassionate and experienced nursing home personal injury attorney represent you, your interests, and your case is so important. You’ll get the attention you deserve. Plus, an experienced attorney will know what to look for and how to conduct a thorough investigation to put forth a solid claim or lawsuit.
Get a Compassionate, Experienced Nursing Home Personal Injury Attorney in Los Angeles Today
We are here to help you and your loved ones. Finding the right nursing home personal injury attorney in Los Angeles can be a time-consuming and sensitive matter. We have a network and the resources to make your search efficient and to optimize chances for a better outcome. Contact us today to get started.
