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.
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.