When taking care of loved ones becomes too much for a family, or they simply cannot keep up with all that is required, a nursing home can be a wonderful solution for everyone. The expectation is that your loved one will receive the sort of care they need, like medical assistance, and the compassion of the staff working there when your loved one is at their most vulnerable. This is, sadly, not the case in many nursing homes across the country. Resident abuse comes in many forms, and in some cases, can be fatal. If you suspect your loved one has died from a wrongful death in their nursing home, there is legal action you can take.

 

Nursing home abuse and fatalities occur when there is intentional harm being done to the resident, such as physical attacks, or neglect, such as ignoring filthy environments or not moving them enough. In both cases, whether medical staff means to or not, these actions could cause incredible harm and result in death.

 

Medication Errors

A common problem among nursing homes is medication errors, and one of the top causes of fatalities. Residents are entitled to proper care and medical treatment, and receiving the wrong prescription or the wrong amount is serious. In a study published by the National Library of Medicine, medication errors were reported to be steadily increasing in nursing homes. Those who were not licensed to administer drugs were found doing so, as well as “the abandonment of routines, carelessness, a lack of knowledge, inadequate verbal communication between colleagues, and a lack of understanding of the difficulties involved in handling the drugs were all considered as risk areas for errors.” Safety awareness and a lack of staff in general were also noted.

Watch for These Signs

 

In addition to medication errors, signs of abuse can look like malnutrition, dehydration, bedsores, bruises, burns, unexplained weight loss, sepsis, facial injuries, or dirty sheets and clothes.

 

Elder Abuse and Dependent Adult Civil Protection  Act: EADACPA

 

In the state of California, under the CDPH (California Department of Public Health) all nursing homes must comply with certain standards and regulations, including proper licensure and certifications, safety procedures, correct organization and staffing, proper conduct, and ongoing training of staff. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), the elderly and those dependent under someone’s care are protected from abuse including physical, financial, emotional, and deprivation of care.  If there is suspicion of wrongful death of your loved one that resided in a nursing home, you are entitled and protected to make a report. Reporting can easily be done through the CDPH website.

With any report of abuse or wrongful death, the California Department of Public Health (CDPH) will investigate the facility thoroughly, and the Department of Health and Licensing must be notified within 24 hours of the occurrence. The police, district office, or the Ombudsman may be contacted as well. This also pertains to residents who advocate for themselves or other residents they feel are being abused or have died wrongfully.

Once families are able to report to authorities, they can also claim legal counsel to receive help in taking action against the facility, if desired.

 

When to Contact an Elder Abuse Attorney

 

There is enough to worry about when putting a loved one in a facilities’ care; their happiness, their day-to-day activities, socialization, and visits. Abuse, neglect, and fear of their life should not be on that list. Know that there are avenues to take and people who can help. Contact Elder Abuse attorney Cameron Sehat if you believe your loved one is being neglected or abused under someone else’s care. We want to hear your case—we always offer free consultations.