There are many different potential signs of nursing home abuse. This is due in part to the fact that abuse and neglect come in many different forms. The signs of physical abuse will look different than financial fraud. That said, some of the common signs to look out for include the following:

• Bruises or broken bones
• Unexplained sexually transmitted diseases
• Altered financial documents
• Missing money
• Agitation or emotional distress
• Non-responsive behavior
• Fear

If a family notices any of these signs of nursing home abuse, they should contact our attorneys in Los Angeles.

What Constitutes Negligence in a Nursing Home?

Nursing home negligence occurs when a facility, its staff, or management fails to provide the reasonable standard of care expected under the circumstances, leading to harm. Both federal and state laws regulate the care centers and base the cases on the principles of negligence law in the United States.

The injuries are generally not intentional, unlike abuse, but instead arise from carelessness, inaction, understaffing, or poor training. The Centers for Disease Control defines nursing home center and long-term care facility neglect as the failure to meet an older adult’s basic needs, such as food, water, shelter, clothing, hygiene, and essential medical care services.

Common Examples

Medical neglect occurs when doctors, caregivers, or staff fail to administer medications properly or on schedule. It can include ignoring changes in health, such as infections or sudden weight loss, failing to treat or report serious injuries or conditions, or delaying medical attention. Another example is failure to provide necessities, such as food, water, nutrition, toileting, or mobility assistance.

Personal hygiene neglect involves failing to assist residents with bathing, grooming, changing clothes and bedding, and maintaining cleanliness, and can lead to dangerous infections or skin breakdown. Allowing unsafe conditions to occur, such as failing to prevent falls, or inadequate supervision, and improper restraint, falls within failure to ensure safety.

Understaffing or poor training is a substantial issue in nursing home care facilities nationwide, and can lead to severe injuries, illnesses, or death, making it a significant public health concern. During your appointment, our knowledgeable Los Angeles nursing home abuse attorney can review your case and answer specific questions about the regulations, process, and potential recoverable damages.

How Long Does a Nursing Home Lawsuit Take?

The duration of nursing home injury claims varies substantially, depending on the specifics of the case. There are no fixed timelines, but in most cases, the time ranges from several months to several years.

Settlements are the most common outcome and are resolved through negotiation or mediation over a period of 6 months to 2 years. When they go to trial for litigation, they usually take longer, anywhere from two to three years from filing to case resolution. That is due to court backlogs, extensive preparation, and trial scheduling.

Proving Nursing Home Neglect

Establishing liability requires showing that each element of negligence exists, and those include the following:

• Duty of care, which means showing that the facility owed a legal duty to the resident who sustained harm, to provide safe and adequate care
• Breach of duty is evidence that the center or staff failed to meet the accepted standard of treatment and care, which is what a reasonably prudent nursing home would do in similar circumstances
• Causation requires demonstrating that the facility’s violation of legal duty caused, or substantially contributed to, the patient’s injuries
• The final core element is to show the court that the resident sustained actual harm, such as physical injuries, worsening health, emotional distress, or financial losses

Failure to provide the standard of expected and professional care can lead to serious outcomes, like falls, broken bones, untreated infections, bedsores, dehydration, and organ damage, or in the worst cases, death. Our skilled nursing home abuse lawyer in Los Angeles can guide you throughout the process, providing advice and support throughout, to fight for the best potential outcome.

California has a number of laws on the books related to shielding elders from abuse in nursing facilities. Some of the most common examples include:

Elder Abuse and Dependent Adult Civil Protection Act

Also known as EADACPA, the Elder Abuse and Dependent Adult Civil Protection Act sets out the definition of abuse under state law. This includes acts of physical abuse, neglect, financial fraud, sexual assault, and abandonment. The law provides the victims of abuse with a path to financial compensation against institutional caregivers like nursing homes.

Criminal Elder Abuse

California Penal Code 368 makes it a crime to abuse or exploit someone over the age of 65. Often, violations of the criminal statute also result in potential claims under EADACPA.

Skilled Nursing Facility Ownership and Management Reform Act

The Skilled Nursing Facility Ownership and Management Reform Act substantially altered requirements for owning, purchasing, or operating a nursing facility in California. It also strengthened the state’s oversight powers.