California Nursing Home Abuse Laws – All You Need To Know

The decision to put an elderly loved one in a nursing home is one that you should never make lightly. It’s a big decision to make, and it may have ramifications you aren’t prepared for. Unfortunately, nursing home abuse is not uncommon in California. You put a considerable amount of trust in nursing homes, and you expect the staff to treat your loved one with respect. Understanding the California nursing home abuse laws can help you prepare a strong case.

The legal team at Hunter Law is prepared to help you figure out the right course of action for a legal claim of nursing home abuse. When you learn that your loved one is being abused in their nursing home, you may feel devastated, guilty, and vengeful. It’s understandable to want instant justice, but it’s vital to your case that you make the effort to do things the right way. That includes contacting a Fountain Valley nursing home abuse lawyer and building a strong case to ensure this doesn’t happen again.

California Nursing Home Abuse Laws

The California Department of Aging claims that there are over 200,000 reported cases of elder abuse in California every year. Additionally, there are many elder abuse incidents that aren’t reported at all. When a case of elder abuse is not reported, it allows the abuser to continue their actions unchecked. They may hurt a lot more people if they aren’t stopped legally and held accountable for their actions.

If you are being abused or know someone who is being abused, you may want to reach out to a group in California for assistance or support, such as Orange County Adult Protective Services or the National Alliance on Mental Illness (NAMI).

California’s elder abuse laws are very protective of elderly victims. State laws regarding nursing home abuse make it clear that every resident of a nursing home, assisted living facility, or hospice care facility is entitled to dignity, respect, and freedom from abuse. Every staff member of these facilities has a legal duty to report any suspected abuse or neglect. Failure to do so may be considered a misdemeanor with harsher penalties for intentional disregard.

The penalties you face for engaging in nursing home abuse or elder abuse are dependent on the situation. Some elder abuse cases may be considered misdemeanors. These include cases that resulted in minor injuries or low-value financial abuse. In those cases, you could face up to a year in county jail and a fine of up to $6,000. In more serious cases that resulted in serious injury, a felony charge may result. You could serve up to four years in prison.

Statute of Limitations

If you decide to move forward with legal action against the party responsible for causing your loved one’s abuse, it is vital to your case that you make sure it adheres to the state of California’s statute of limitations for personal injury claims, which includes nursing home abuse claims. Generally, the state will give you two years to put together a strong case, gather all the evidence you need that supports it, contact a personal injury lawyer in Fountain Valley for assistance, and file your claim.

If you are not able to file a claim within two years, there is a chance your case will be thrown out and no legal action will be taken. Building a strong nursing home abuse case is not going to be easy. The nursing home officials may try to fight you at every turn to preserve their reputation.

Gathering evidence may take time, so you should start building your case as soon as you can. If you are worried your case isn’t strong enough, go see an injury lawyer for an evaluation.

FAQs About California Nursing Home Abuse Laws