The California Department of Public Health, Licensing, and Certification Program (CDPH, L&C) regulates residential care facilities such as nursing homes.
Residents have many rights under the law, including the right to give informed consent for medical treatment and to receive proper and attentive care that enables them to reach the “highest levels of physical, mental, and emotional well-being, as defined in federal and state regulations.”
Unfortunately, care facilities sometimes fall short, leaving those who are the most vulnerable at risk of serious or even fatal harm. When this occurs, Miller & Steele Law Firm is here to help. Our dedicated and experienced Carlsbad nursing home abuse lawyers can provide the help you or your loved one needs after a residential home care injury.
To find out more, give us a call at (760) 439-2210 to schedule your free consultation today.
What Is Residential Home Care Abuse and Neglect?
Injuries in residential care often result from one of two causes:
- Abuse: This includes intentional injuries, such as when staff members hit, kick, or otherwise assault residents or abuse them sexually or mentally. It can also include improperly drugging patients for purposes of making them easier to care for, rather than for treating a legitimate health issue.
- Neglect: This occurs when staff members fail to provide an adequate level of care to residents. Examples can include failing to feed or bathe residents who need help with these activities or neglecting to move an immobile resident frequently enough to prevent bed sores from forming.
Both abuse and neglect can give rise to a legal claim for resulting damages.
Types of Residential Home Care Injuries
Injuries resulting from neglect or abuse in residential home care settings can include:
- Bedsores
- Infections
- Bone fractures
- Concussions
- Traumatic brain injuries
- Dehydration
- Burns
- Malnutrition
These are just some of many examples of harm that can result from a failure to provide an adequate level of care. When a loved one suffers harm or death due to inadequate care, you may have grounds for legal action with the help of a Carlsbad wrongful death attorney to hold responsible parties accountable.
Signs of Nursing Home Abuse
There are many different types of abuse, so signs of it may take many forms, including:
- Physical signs – Your loved one may have unexplained injuries, bruises, or scars. They may be showing signs of medication withdrawal or be near catatonic due to receiving too much medication. Your loved one may have bloody or stained clothing. They may have signs of being restrained or be missing medical devices such as eyeglasses or a cane.
- Behavioral signs – The behavior of your loved one and their caregiver may change. Your loved one may start to display child-like signs, such as rocking back and forth or sucking their thumb. The caregiver may refuse to allow you to see your loved one or verbally chastise your loved one.
- Environmental signs – Your loved one may have unhygienic surroundings. They may smell or have dirty clothes because caregivers are not helping with laundry or grooming. They may have soiled linens, bugs, or other unsanitary conditions in their living quarters. You may notice other nursing home residents being left alone or wandering off. There could be unsafe living conditions, such as cluttered areas, lack of heat, or fire hazards.
- Financial signs – Your loved one’s belongings may be missing. Their financial accounts may be recently retitled or bouncing. Bills may go unpaid. New names may be added to their estate planning documents.
Common Causes of Nursing Home Abuse and Neglect Injuries
Nursing home residents may suffer injuries from various causes, but some of the most common include:
Falls
Nursing home residents who are neglected may suffer falls. Falls can cause serious injuries, including broken bones, brain bleeds, and soft tissue injuries.
Nursing homes are required to complete a fall assessment of patients when they are admitted to the nursing home. Patients with a fall risk should be properly supervised and have protective measures, including rails and alarms. Trip hazards should be removed from the areas where they move about
Medication Errors
Nursing home residents who do not receive the medication they need can suffer various types of injuries, including heart attack, high blood sugar, low blood sugar, blood clots, and other serious issues. They can also suffer from lethargy if they are given too much medication.
Bed Sores
Nursing home patients often spend extensive time in bed. If they do not get up and move around or if they are not turned, they can develop pressure sores, also called bed sores. These sores form because pressure is applied to one area of the body for a prolonged period. When these sores are not properly treated, they can lead to infection or even death.
Dehydration and Malnutrition
Nursing home patients who are not appropriately fed may suffer from dehydration and malnutrition, which can cause rapid weight loss and significant medical issues.
Physical Assault
Some caregivers get frustrated or simply prey on the vulnerable. They may hit, slap, push, bite, choke, or otherwise physically harm patients in their care.
Sexual Abuse
Tragically, some nursing home workers take advantage of the elderly and vulnerable. They may sexually abuse or assault them, knowing that they may lack the capacity to understand what is happening or report these egregious acts. This type of abuse can occur when nursing homes fail to check the backgrounds of new hires or fail to properly supervise them.
Who is Held Responsible if a Resident is Harmed?
While the staff at the facility are the ones who perpetrate abuse and neglect it is the care facility itself that is generally held liable for any resulting losses and damages.
A case called Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 explains why residential care homes can be held accountable for the negligent or abusive acts of staff members. “Under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment.”
If workers engage in abusive behavior or fail to provide an appropriate level of care, victims or their families can sue the facility for damages with the help of a Carlsbad personal injury attorney including:
- Medical costs to treat injuries resulting from the abuse or neglect
- Lost wages and earning power if applicable
- Pain and suffering
- Emotional distress.
Let The Carlsbad Nursing Home Abuse Attorneys Help You Today
Miller & Steele Law Firm works with injured residents and their loved ones after a residential home care facility causes harm to those under their care. To find out more about the services our Carlsbad nursing home abuse lawyers can offer, give us a call or contact us today at (760) 439-2210.