California Nursing Home Abuse Lawyer
According to the National Center on Elder Abuse (NCEA), half of the nursing homes in the Unites States are understaffed. As a result, these nursing homes are unable to meet the demands of their residents and successfully maintain the facilities. Unfortunately, overworked employees and understaffed nursing homes can lead to abuse and neglect, which continues to be a serious problem across the nation.
California is home to over 100,000 nursing home residents. The state enforces strict requirements for nursing home care, yet with even these strict laws and regulations in place, there are still an alarming reported number of abuse cases in California.
If you or a loved one has been the victim of nursing home abuse, contact McIver Brown Law Firm immediately. Our California law firm has the experience and knowledge to help you win your case as we specialize in nursing home abuse and neglect cases. McIver Brown will help you get the justice and financial compensation you deserve.
The McIver Brown Law Firm’s award-winning attorneys represent the victims of nursing home abuse and neglect throughout Arizona including the following cities and their surrounding areas: Bakersfield, Carlsbad, Los Angeles, Oakland, Orange County, Sacramento, San Bernardino – Riverside, San Francisco, San Joaquin County, San Jose, San Mateo, and Santa Clara County.
Laws on Nursing Home Abuse in California
In California, all nursing home residents are entitled to a clean and sanitary living environment. Additionally, no resident should be discriminated against. Discrimination against financial status, race, age, gender, or nationality is not tolerated.
Nursing home residents must be provided nutritious meals and snacks each day. This includes therapeutic diets to meet the needs of individuals with special conditions. A certified dietician must be available at each facility for menu planning and unique dietary needs.
Each nursing home must be currently licensed by the California Health Board, and a qualified physician, dentist, and registered nurse must be available at each facility. Along with proper medical care, nursing home residents must be provided social and physical activities such as games, entertainment, and exercise. Residents with emotional or mental problems who require therapy must have access to certified counselors. Residents also have the right to visitation from their family and friends.
Moreover, in adherence to the 1987 Nursing Home Reform Act, any nursing home with more than 120 beds in its facilities should have a full-time social worker available. The Nursing Home Reform also states that every nursing home resident has the right to fully participate in care plans and must be notified in advance of any changes in health care plans, treatments, and facility changes.
A staff member may never physically or emotionally punish a resident in any way. This includes punishment through physical force, negligence, demeaning words, food and water deprivation, or the denial of access to state required programs and activities. Keep in mind that California has a statute of limitations of two years from the time in which the violation was found out, or should have reasonably been discovered.
Consequences of Nursing Home Abuse in California
As previously states, California has strict laws and regulations in place in order to protect elderly and disabled nursing home residents. If employees and/or nursing homes are found to be in violations, the punishments can be just as severe.
Employees found guilty of nursing home abuse can face an array of both civil and criminal charges. Under California Penal Code 368 PC, criminal charges will either be classified as a misdemeanor or a felony, depending upon the offense. Although the severity of the offense will vary depending the circumstances, typically, the more severe the abuse, the more strict the punishment.
Misdemeanor offenses can result in probation, fines, restitution, and up to a year in county jail. Felony offenses can result in probations, fines, restitution, and possible sentencing in the California State Prison System.
Civil charges against employees may result in the employee paying a large sum in damages to the victim and/or the victim’s family. If a nursing home is found to be in violation of California state laws and fails to remedy the offenses, it could face a large sum in damages as well the permanent closing of the facility.
We Can Help
If you believe that a loved one has had his or her legal rights violated by a nursing facility, we encourage you to contact McIver Brown. Our award-winning California nursing home abuse law firm will fight to ensure that your loved one receives proper care, and that you and your family get the justice and financial compensation you deserve.