Imagine finding out your loved one has suffered from bedsores, unexplained injuries, or financial exploitation in a facility you trusted. Sadly, over 200,000 cases are reported in California each year. In some instances, this leads to serious injuries, emotional distress, financial exploitation, or tragically, wrongful death.
If your loved one is mistreated, you may wonder what legal recourse you have to seek justice and protect their rights. Various California laws provide strong protections for elderly residents, giving you a foundation to build a case if proper care isn’t provided.
Understanding the types of lawsuits related to nursing homes and assisted living facilities can help you take legal action with the help of a skilled nursing home abuse attorney to hold facilities accountable.
Negligence Lawsuits
Negligence is a legal concept that holds individuals or care facilities accountable when their failure to provide sufficient care harms patients. Facilities must ensure residents’ safety under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law allows families to sue if their loved ones suffer from neglect, abuse, or exploitation.
Common types of negligence lawsuits include:
- General negligence. Failing to provide reasonable care can lead to injuries like falls, infections, or malnutrition. Facilities may be liable when staff neglects residents’ basic needs or ignores care plans.
- Medical negligence/malpractice. Errors in treatment, medication administration, or failure to diagnose and manage conditions can result in serious harm. Nursing homes can face medical malpractice claims, while assisted living facilities may be sued for failing to arrange necessary care.
- Negligent hiring and supervision. Employing unqualified staff or failing to monitor employees can put residents at risk. Facilities may be liable if they hire individuals with a history of misconduct or ignore reports of abuse and neglect.
- Negligent security. Poor security can lead to harm from unauthorized visitors, physical assaults, or resident wandering. Facilities may be responsible for failing to monitor entrances, restrict access, or supervise residents at risk of elopement.
To establish a negligence claim, you must demonstrate that the facility owed a duty of care to the resident, breached that duty through action or inaction, and that this breach directly caused harm or injury.
Abuse and Mistreatment Lawsuits
Abuse and mistreatment are serious violations of residents’ rights and dignity. No one should have to worry about their loved one being harmed, mistreated, or taken advantage of when in care. If your loved one suffers the following types of abuse, you can file a civil claim under the EADACPA:
- Physical abuse. Causing pain or injury through actions like hitting, slapping, or improper use of restraints. Staff, residents, or visitors may be responsible, and facilities can be held liable if they fail to prevent or address the abuse.
- Sexual abuse. Any non-consensual sexual contact involving a resident. Facilities can be held liable if they fail to prevent abuse or properly investigate misconduct allegations.
- Emotional and psychological abuse. Verbal assaults, threats, harassment, or intimidation can cause emotional distress. Facilities can be accountable if they allow staff to yell, mock, or cause distress to residents.
- Financial exploitation. Wrongfully using a resident’s funds, property, or assets through theft, fraud, or coercion. This includes stealing valuables, pressuring residents to alter wills, or mismanaging their money. Facilities must have safeguards in place to prevent financial abuse or risk legal consequences.
Signs of abuse can be subtle, but changes in mood, withdrawal, or anxiety may signal something is wrong. Pay attention to any shifts in behavior, unexplained injuries, or reluctance to speak openly. Regularly review banking and spending patterns for unusual transactions or missing funds.
Wrongful Death Lawsuits
When a loved one passes away due to neglect, abuse, or medical malpractice, family members may pursue a wrongful death lawsuit to seek justice and compensation. In California, spouses, domestic partners, children, or other heirs can pursue a claim within two years of a resident’s death.
Common causes of wrongful death that result in nursing home lawsuits include:
- Untreated infections like sepsis or Methicillin-resistant Staphylococcus aureus (MRSA)
- Falls due to lack of supervision or improper restraints
- Malnutrition, dehydration
- Respiratory issues like untreated pneumonia
- Medical errors in nursing homes
Proving wrongful death can require extensive discovery, where medical records, facility reports, and witness testimonies help establish negligence.
A skilled attorney can help you investigate and gather evidence, such as expert opinions, staff depositions, and documentation of prior violations, to hold the facility liable for your loved one’s passing.
Premises Liability Lawsuits
Nursing homes and assisted living facilities should be safe places where residents can move around without fear of injury. Premises liability lawsuits arise when nursing homes or assisted living facilities fail to maintain a safe environment, leading to resident injuries. Common accidents include:
- Slip and fall incidents. Wet floors, loose carpets, cluttered hallways, or uneven surfaces can cause falls for vulnerable residents, leading to broken bones, head injuries, or other harm.
- Unsafe conditions. Poor lighting, defective equipment, or other hazards put elderly patients at risk. Broken bed rails, malfunctioning call buttons, or faulty wheelchairs may lead to serious injuries.
When assisted living facilities or nursing homes fail to inspect and repair safety hazards regularly, they can be held accountable in premises liability lawsuits.
Violation of Residents’ Rights
Residents in California nursing homes and assisted living facilities have rights that protect their safety, dignity, and well-being. When a facility violates these rights, residents can take legal action to seek compensation.
Common violations include:
- Denial of personal dignity and autonomy. Residents have the right to make decisions about their daily lives, including participation in activities, personal grooming, and medical care. Restricting these choices or ignoring their preferences violates their rights.
- Failure to provide proper hygiene and living conditions. Facilities must assist residents with bathing, grooming, and clean living spaces. Ignoring these needs can lead to discomfort, infections, and declining health.
- Unlawful restraints. Using physical or chemical restraints without medical necessity is illegal. Improper use can result in legal consequences for the facility and staff.
- Retaliation against complaints. Threatening, isolating, or punishing residents for reporting issues violates state and federal laws. Facilities can be held accountable for retaliatory actions.
Residents or their families can file complaints about rights violations with the California Department of Public Health (CDPH) or the Long-Term Care Ombudsman Program. Legal action may also be pursued through a civil lawsuit against the facility.
Breach of Contract Lawsuits
When a loved one moves into a nursing home or assisted living facility, responsible parties sign an admission agreement outlining the care and services the facility will provide. If the facility fails to meet these promises, it may be held legally responsible for breaching the contract.
In California, residents or their families may seek compensation for damages and contract termination.
Government Violations and Whistleblower Cases
Facilities must follow strict federal and state regulations when billing for services and handling resident information. If facilities commit fraud or break patient privacy agreements, residents and their families may have legal grounds for a lawsuit.
- Medicare or Medicaid fraud. Facilities commit fraud when they bill for services not provided, overcharge, or falsify records to receive government payments. If you suspect fraudulent billing, contact an attorney for the next steps.
- False Claims Act violations. Employees who report fraudulent billing or misconduct are protected under whistleblower laws like the False Claims Act. These laws allow staff to file a claim on behalf of the government and pursue legal action against the facility.
- HIPAA violations. Mishandling resident health records, such as sharing private information without consent, violates their rights. If a facility exposes private health information, affected residents may have a case for legal action.
When you suspect unethical practices, consult an attorney to clarify your options and protect your loved one.
Seek Legal Help for Nursing Home and Assisted Living Lawsuits
When an elder suffers harm in a nursing home or assisted living facility, families can take legal action. Knowing the grounds for a lawsuit helps identify rights violations and determine the best course of action. Speak with an experienced elder abuse attorney to review the case, explain available legal options, and pursue compensation on your behalf.
