Nursing Home Abuse and Death

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When a nursing home’s abuse or neglect harms or kills a resident, California’s elder abuse laws let the resident or their family hold the facility accountable. Warning signs are often subtle, so acting on concerns early matters. Protection Law Group represents residents and families across California on contingency: no upfront fees, and you pay only if we win.

Key Points

  • Abuse can be physical, emotional, sexual, or financial, and neglect (bedsores, malnutrition, falls) is common.
  • California’s Elder Abuse Act provides specific protections and remedies for dependent adults. [needs verification]
  • Families may bring a wrongful death claim when neglect or abuse causes a resident’s death.

Nursing homes are often sadly a reality of life as loved ones grow older. Nursing homes are expected to provide high-quality, long-term care for elderly or disabled residents, ensuring their safety and dignity. However, they can also be a place where the elderly are abused physically, emotionally, sexually, and financially.  Physical abuse involves bodily harm inflicted by caregivers or other residents, while emotional abuse encompasses psychological distress through insults, threats, or isolation. Neglect, often resulting from inadequate staffing or poor training, can lead to issues like malnutrition, medication errors, or bedsores. Sexual abuse involves unwanted sexual contact, particularly harmful to residents unable to consent. Financial abuse, increasingly prevalent, involves exploitation of residents’ finances through various means. 

Recognizing abuse is crucial, as many cases go unreported due to residents’ inability to communicate, cognitive impairments, or fear of retaliation. Warning signs nclude unexplained injuries, frequent emergency room visits, changes in behavior, poor hygiene, or unusual financial transactions.

Such abuse can also result in a resident’s death. Nursing home deaths can result from various forms of abuse or neglect, including physical abuse, neglect of medical needs, falls due to inadequate supervision, unsanitary conditions, malnutrition or dehydration, medication errors, and elopement (residents wandering away unsupervised). These issues often stem from inadequate staffing, poor training, or systemic negligence within the facility. 

To successfully pursue an abuse or wrongful death claim against a nursing home, four key elements must be established: duty of care, breach of duty, causation, and damages. The nursing home must have owed a duty of care to the resident, failed to uphold this duty, and this failure must have directly or indirectly caused the resident’s abuse or death, resulting in quantifiable damages to the resident or surviving family members. 

Damages in nursing home abuse and wrongful death cases may include medical costs incurred prior to death, pain and suffering experienced by the deceased, loss of companionship for family members, and in some cases, punitive damages to deter future negligence. 

If you or someone you know suffered abuse at a nursing home, contact us immediately.

We protect your rights!

Frequently Asked Questions

What are the warning signs of nursing home abuse or neglect?

Unexplained injuries, frequent ER visits, bedsores, poor hygiene, sudden behavior changes, weight loss, or unusual financial activity.

Who can file a nursing home abuse or wrongful death claim?

The resident, their legal representative, or, in a death case, surviving family members or the estate, depending on the circumstances.

What is elder abuse under California law?

California’s Elder and Dependent Adult Civil Protection Act addresses abuse and neglect of elders and dependent adults and can provide enhanced remedies. 

 

What do I have to prove?

Generally that the facility owed a duty of care, breached it, and that the breach caused the resident’s harm or death, resulting in damages.

 

 

What compensation is available?

Medical costs, the resident’s pain and suffering, loss of companionship, and in some cases punitive damages to deter future neglect.

Sources

  1. California Legislative Information, Welfare & Institutions Code § 15600 (Elder Abuse Act), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15600&lawCode=WIC
  2. California Department of Aging, Long-Term Care Ombudsman, https://aging.ca.gov/
  3. California Courts Self-Help Guide, Personal Injury, https://selfhelp.courts.ca.gov/civil-lawsuit/personal-injury
  4. California Legislative Information, Code of Civil Procedure § 335.1, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP


Disclaimer:
This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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