California Nursing Home Abuse Attorney

If your loved one was abused in a California nursing home, you can take legal action to protect their rights. It is essential to hire an experienced firm. We can be contacted at (800) 816-1529. 

California Nursing Home Abuse Lawyer

If your loved one was abused in a California nursing home, you must immediately retain a personal injury attorney from our firm.

Information Required to Make Important Decisions

The Nursing Home Law Center at The Law Offices of Norman Gregory Fernandez & Associates is dedicated to providing the necessary legal resources for holding negligent facilities accountable.

California is not immune to the national nursing home abuse crisis. Despite state and federal laws designed to protect vulnerable nursing home residents, inadequate staffing prevents many facilities from providing adequate care. As a result, loved ones become victims of abuse and are placed in danger.

Attorneys for Nursing Home Abuse in California

A California nursing home abuse attorney from the Law Offices of Norman Gregory Fernandez is available at 800-816-1529 to represent residents who have been harmed by neglect and abuse.

Contact us immediately for a no-cost consultation regarding your compensation claim. Our attorneys utilize California law to secure monetary compensation for your family. Contact our California law firm to schedule a free initial consultation.

All of our nursing home abuse cases in California are handled on a contingency fee basis, meaning we only receive a fee if you receive a financial recovery. If no recovery is made, our legal services are free.

Attorney for nursing home abuse in California

Inspectors with the Centers for Medicare and Medicaid Services discovered severe deficiencies and violations at 306 (26%) of California’s 1200 elder care facilities, resulting in substandard care. One in three California senior care facilities fail to provide the daily minimum of 3.2 nursing hours per patient, according to estimates.

In the meantime, the demand for long-term care services will continue to rise. According to the state’s Department of Aging, the over-sixty population is projected to grow more than three times faster than the total population over the next four decades, with regional variations.

California nursing home negligence attorney

Abuse and Neglect in Nursing Homes and Personal Injury F.A.Q.

If a member of your family has been abused in a nursing home, you likely have many questions. Here are answers to some of the most frequently asked questions asked of California nursing home abuse attorneys.

Obviously, if you have any further inquiries, feel free to contact our affiliated attorneys for a free consultation.

Who Can Be a Victim?

According to RAINN (Rape, Abuse, and Incest National Network), abusers may be male or female, intimate partners, family members, caregivers, other patients, or friends who are assisting or visiting a patient in an elder care facility. The assailant may be anyone with whom the victim has an affinity (in-laws), a prior relationship, a blood relative, or a marriage.

The abuser may be physically, emotionally, sexually, mentally, or financially abusive. Typically, the victim is a vulnerable child or adult who has suffered harm as a result of intimidation, threats, coercion, physical abuse, sexual assault, isolation, emotional abuse, financial exploitation, humiliation, or blaming.

Sadly, the majority of cases of abuse in California go unreported due to victims’ fear or developmental delay or other medical conditions that cause them to remain silent.

What Is Nursing Home Abuse?

According to the National Institutes of Health, elder abuse in elder care homes is a serious problem that annually affects over five million seniors. Sadly, many of these cases of physical abuse go unreported.

Government agencies acknowledge that victims typically recognize their abuser as a trusted friend, caregiver, visitor, or fellow resident. The majority of victims are vulnerable adults with disabilities or dementia.

What Are the Various Forms of Nursing Home Mistreatment?

The California Elder Abuse and Dependent Adult Civil Protection Act classifies nursing home abuse as serious bodily injury, sexual assault, injury to the victim’s genitalia/anus, assault with a deadly weapon, assault with force, broken bones, and wrongful death. Sexual abuse is a particularly heinous form of mistreatment and exploitation that frequently goes unreported in nursing homes.

In addition, residents of nursing homes can be victims of financial abuse and exploitation, as well as psychological and emotional abuse. The different types of nursing home abuse in California are outlined in 42 CFR 483.12.

How Long Does One Typically Reside in a Nursing Home?

According to a study published by the University of California-San Francisco, the average length of stay in eldercare facilities is approximately 13.7 months. The average age of a resident of an assisted living facility is approximately 83 years old.

Because of health disparities between the sexes, women tend to remain in a care facility longer than men. In the first six months following admission to the rehabilitation center, approximately fifty percent of all residents will pass away.

Can I transfer my mother between nursing homes?

National Institutes of Health data reveal that federal and state laws protect residents of rehabilitation centers from unfair discharges and improper transfers to another facility. Medicare and Medicaid regulations strictly prohibit administrators from transferring residents to another skilled care facility or discharging them to their homes unless:

• The facility is permanently closing;
• The patient failed to pay their required medical expenses; or
• A transfer or discharge to another location is required to ensure the patient’s health, safety, or well-being.
• The resident’s medical condition has deteriorated to the point where the nursing staff cannot meet his or her needs.
• The patient’s medical condition has improved to the point where they no longer require hygiene assistance, medical treatment, or drug administration at the facility.

What Is Elder Abuse?

The National Institutes of Health define resident neglect or abuse as the failure of a designated caregiver to meet the needs of the dependent. Frequently, the caregivers or other residents compromised the safety of the resident through neglect, maltreatment, or physical assault.

Typical forms of resident neglect include: • leaving the victim unattended; • failing to provide the resident with routine baths and showers upon request or schedule; and • chronic failures to administer prescribed medications as prescribed by the physician.

• Permitting the resident to live in an unsanitary environment
• Failing to provide the resident with necessities such as shelter, food, water, and hygiene assistance
• Dismissing or ignoring the resident’s grievances or complaints
• Not responding to the resident’s call light within a reasonable amount of time

How Do You Prove Neglect in a California Nursing Home?

Every victim of nursing home abuse or neglect has the legal right to file a civil lawsuit to recover damages and losses. Nonetheless, successfully resolving the case may be difficult.

The victim or his or her nursing home abuse attorneys must demonstrate that negligence caused the victim’s injuries. The attorney may demonstrate that staff members or the facility failed to meet the needs of the resident. Establishing a case may involve:

• Documenting eyewitness accounts
• Collecting audio, photographic, and video evidence that may involve surveillance cameras
• Taking depositions to record the testimony of participants
• Referring the victim to specialists for additional diagnoses to determine the extent of their disorder, personal injury, or mental health condition

A Personal Injury Lawyer in California Can Help

Contact the personal injury lawyers at The Law Office of Norman Gregory Fernandez & Associates to discuss your case immediately. 800-816-1529.

Our California nursing home abuse attorneys currently represent victims of neglect and abuse throughout the state.

Statutes protecting California residents of nursing homes

Principally through the Welfare and Institutions Code and the Health and Safety Code, the state has enacted laws to protect the well-being of older adults, including those residing in nursing homes.

• Elder Abuse and Dependent Adult Abuse Civil Protection Act (CA Welfare & Institutions Code, sections 15630 through 15632);
• Protective Placement and Custody of Endangered Adults (CA Welfare & Institutions Code, 15700 et seq.) allows for the emergency protective custody of a vulnerable adult suspected of suffering from neglect or abuse. Suspected physical abuse resulting in physical harm must be reported immediately to local law enforcement officials.
• The Mello-Granlund Older Californians Act establishes a state long-term care ombudsman charged with investigating reports of elder abuse and overseeing the treatment of adults aged sixty or older in nursing homes and other residential care facilities.
• Section 1250(c) of the Health and Safety Code requires nursing homes to provide residents with continuous “skilled and supportive care.” Due to their fragile condition, nursing home residents are required to receive round-the-clock inpatient care, proper nutrition, medical services, exercise, and activity services.

A nursing home abuse attorney in California can assist you in pursuing remedies for violations of any of these laws.

Are you a victim of elder abuse in a California senior care facility? If this is the case, attorney Norman Gregory Fernandez, Esq. and our other CA elder abuse attorneys can investigate your concerns and assist in ensuring the safety of your loved one. Call (800) 816-1529 for a consultation with no obligation.

Attorneys for Nursing Home Abuse & Neglect

Choosing to entrust the care of a spouse, parent, grandparent, sibling, or child to a nursing home may be difficult for a family. When you must take this step, you expect the nursing home staff to provide your loved one with the best care and protection possible.

You never anticipate learning that they have been abused or neglected in a nursing home. As the U.S. population ages and the nursing care industry struggles to maintain professional standards in the face of a growing demand, poor patient treatment remains a largely hidden problem.

Families Must Be Alert for Signs of Nursing Home Mistreatment

Unfortunately, many instances of exploitation and abuse in nursing homes go unreported. In fact, statistics indicate that only one out of every fourteen instances of abuse are reported and investigated.

There are numerous causes for this. One reason is that the victims of neglect or abuse are unable to report it themselves due to cognitive or verbal impairments caused by diseases such as dementia.

Therefore, it is imperative that families in California check for signs of nursing home abuse and file their own reports if they suspect something is amiss.

Almost immediately after a family reports nursing home abuse, the report must be forwarded to both the nursing home administrator and the state regulatory agency.

Nursing Home Neglect Is Too Frequent in California.

While the exact prevalence of nursing home neglect or abuse in San Diego is unknown at the national level, experts believe it is widespread.

The National Center on Elder Abuse (NCEA) and the Centers for Disease Control and Prevention (CDC) have concluded that obtaining accurate statistics regarding elder abuse is nearly impossible due to the difficulties associated with collecting accurate data and the deficiencies in state reporting.

However, the known statistics are sobering:

• The majority of victims of elder abuse are female;
• Victims of elder abuse are three times more likely to be hospitalized than elderly people who are not abused;
• Older people who experience even moderate levels of abuse have a 300 percent higher risk of death than those who have not been abused.

Contact a nursing home abuse attorney in California to schedule a free consultation. 800-816-1529

Was a family member injured, neglected, abused, or died unexpectedly as a result of mistreatment while residing in a nursing home? If so, please contact the nursing home abuse and neglect attorneys at The Law Office of Norman Gregory Fernandez & Associates as soon as possible.

Let us begin pursuing compensation on your behalf to ensure that your family receives the financial restitution it deserves.

Attorney Norman Gregory Fernandez represents nursing home abuse and neglect victims throughout the state of California.

Federal Regulations of Nursing Home Care

The U.S. Congress has enacted several laws that apply to all long-term care facilities in the United States and are designed to protect vulnerable elderly patients.

• The Nursing Home Reform Act was passed in 1987 to establish basic care standards and fundamental rights for nursing home residents.
• Numerous federal nursing home regulations govern virtually all aspects of management in these facilities.
• These include the right to be free from abuse, mistreatment, and neglect; the right to privacy; the right to be treated with dignity; and the right to make independent decisions.
• Patients’ medical, physical, psychological, and social needs are likely to be met by the facilities providing care.
• The Long-Term Care Ombudsman program established in each state a network of advocates for nursing home residents who investigate and attempt to resolve specific complaints involving abuse, neglect, or exploitation of a resident.

State statutes regulating nursing homes

In addition, California has one of the strictest nursing home inspection programs in the United States. For violations, skilled nursing facilities in the state are frequently fined and punished.

However, this does not always compel the facilities that are tasked with caring for your loved ones to act ethically.

Review the following California resources with your family.

• California Department of Aging
• California Long Term Care Ombudsman
• California Attorney General’s Medi-Cal Fraud and Elder Abuse Bureau
• California Department of Corporations “SAIF” (Seniors Against Investment Fraud)

Hiring a Nursing Home Abuse Lawyer in California for Your Loved One

An attorney for nursing home negligence can assist you in pursuing remedies for violations of any of these laws.

If you suspect that your loved one has been abused in a California nursing home, consult an attorney. The Law Office of Norman Gregory Fernandez & Associates, Esq. and our other nursing home abuse or neglect attorneys can investigate your concerns and assist you in ensuring the safety of your loved one. Call 800-816-1529 for a consultation with no obligation.

Common Instances:

• Falls
• Medication Errors
• Physical Mistreatment
• Sexual Assault
• Patients Dropped
• Incorrect Death
• Bedsores
• Pressure Ulcers
• Sepsis

Free Consultation / Call Anytime 800-816-1529

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your nursing home abuse case and transmit it to our office.