Nursing Home Negligence
Strong Advocates For Victims Of Nursing Home Neglect
We are dedicated lawyers at Alfonso & Berriz, APC. We work hard to hold those accountable for negligent and abusive behavior. If a loved one has been mistreated in a nursing home or if you suspect mistreatment, do not wait to contact us.
Types Of Mistreatment And Neglect
- Bed sores, also known as decubitus ulcers or pressure ulcers
- Medication mistakes involving the wrong dose or wrong drug
- Dehydration
- Malnourishment
- Bruises or cuts
- Unexplained falls and fractures
- Poor hygiene and untreated infections
- Wandering or elopement from a secured facility
Neglect and abuse can not only lead to physical injuries but emotional and mental harm as well. Our attorneys pay attention to you and your family, evaluating your specific situation to make sure all injuries and pain and suffering are documented in your case.
Residents’ Rights Under California Law
California nursing home residents have rights set out in law and regulation, and those rights are the backbone of most neglect cases. They include the right to be free from abuse and from physical or chemical restraints used for discipline or convenience, the right to adequate and appropriate care, the right to dignity and privacy, the right to participate in decisions about their own care, and the right to raise complaints without fear of retaliation.
Facilities are also required to keep detailed records: care plans, assessments, charting, medication administration records, staffing rosters and incident reports. Those documents are usually where a neglect case is proved or lost, because they show what the facility knew, what it planned, and whether it actually did what it said it would.
Reporting Suspected Abuse Or Neglect
Concerns about a facility can be reported to the California Department of Public Health, which licenses and inspects skilled nursing facilities and investigates complaints. The Long-Term Care Ombudsman Program also takes concerns from residents and families and operates independently of the facility. Where someone is in immediate danger, that is a 911 call.
Reporting and pursuing a civil claim are separate tracks, and doing one does not prevent the other. A regulatory investigation can produce findings and deficiency citations that become useful evidence later.
Why Records Need To Be Secured Early
Charting, staffing records and incident reports are the heart of these cases, and families are often not given them readily. Residents and their legal representatives have rights of access to medical records, and a written request to preserve records is worth making as soon as neglect is suspected, before a facility’s ordinary retention and turnover cycles take their course.
Protecting Senior Citizens From Abuse
We believe that our most vulnerable citizens deserve aggressive protection from being abused and disregarded by those entrusted with their care. Nursing home employees and owners can be held liable for negligence and abuse. Our firm has experience representing victims and their families in San Fernando Valley and throughout Southern California.
As strong advocates for the victims of nursing home negligence, we will not be satisfied until we achieve a settlement or verdict that is in the best interest of your loved one.
Deadlines
Time limits in these cases depend on what the claim is built on. A general personal injury claim arising from neglect generally must be brought within two years under California Code of Civil Procedure section 335.1. Where the claim arises from professional medical care, a different and shorter timetable applies. If the facility is operated by a public entity, a written claim is generally required within six months.
Because which deadline applies depends on how the claim is characterised, it is worth asking early rather than assuming you have two years.
Frequently Asked Questions
What are the warning signs of nursing home neglect?
Bed sores, unexplained bruises or fractures, sudden weight loss, dehydration, poor hygiene, untreated infections, withdrawal or fear around particular staff, and a facility that resists questions or limits visits.
Are bed sores always a sign of neglect?
Not always, but they are a recognised indicator. Pressure ulcers largely develop where a resident is not repositioned, monitored and cared for appropriately, which is why charting and care plans matter so much in these cases.
Can I report a facility and still bring a claim?
Yes. Reporting to the California Department of Public Health or the Long-Term Care Ombudsman is separate from a civil claim, and a regulatory investigation can produce findings that help a case.
Who can bring a claim on behalf of a resident?
Typically the resident, or someone acting under a power of attorney or conservatorship. Where the resident has died, the claim is generally brought by family members or the estate’s representative.
What records should we ask for?
The care plan, nursing notes and charting, assessments, the medication administration record, incident reports and staffing rosters for the relevant period.
What if my family member signed an arbitration agreement on admission?
These are common in admission paperwork and they are not automatically enforceable. Whether one binds you depends on how and by whom it was signed, and it is worth having reviewed rather than assumed.
How long do we have to act?
Generally two years under Code of Civil Procedure section 335.1, with a shorter timetable where the claim arises from professional medical care and a six-month requirement where a public entity operates the facility.
Suspect Abuse? Contact Us Right Away.
We represent clients in communities such as Thousand Oaks and Westlake Village.
Call us (818) 889-1577 or contact us online for a free consultation.