California’s Regulations on Nursing Home Abuse

The state has put forth stringent laws to prevent nursing home abuse and neglect. These regulations insist that all nursing home facilities must be correctly licensed, inspected, and certified.  

Too many cases are reported or go unreported every year. If you have a loved one in a nursing home, familiarize yourself with these laws so you can identify any potential red flags and take action when necessary.  

Title 22 and Standard of Care

Title 22 is a critical piece of California legislation that outlines the necessary standards every nursing home must meet. It covers essential areas such as food service, personal care, supervision of residents, planned activities, safe living accommodations, and arrangements for medical care. 

The standard of care detailed in Title 22 is there to ensure that all nursing home residents receive proper nutrition assistance with hygiene and other daily activities. Each resident has the right to this level of care.  

If a nursing home fails to meet these standards, it can lead to legal responsibility and potential lawsuits. 

Elder Abuse and Dependent Adult Civil Protection Act

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is a landmark statute in California designed to protect the most vulnerable members of our communities. This Act recognizes the unique challenges and risks faced by elderly and dependent adults, offering them a strong legal shield against various forms of abuse and neglect.  

The EADACPA not only addresses physical abuse but extends protection to include psychological, financial, and sexual abuse, along with abandonment and neglect. 

Under the EADACPA, victims and their families have the right to take legal action against perpetrators, including individuals and institutions, who have committed acts of abuse or neglect. The provisions of this Act enable aggrieved parties to seek compensatory damages for the harm inflicted and punitive damages in cases where the conduct was egregious. This serves both as a penalty and a deterrent against future abuses. 

One of the key features of the EADACPA is its acknowledgment that abuse can be covert and that victims may be unable or too afraid to seek help. Therefore, it broadens the scope of who can report abuse and mandates certain professionals, like healthcare workers and social services staff, to report any suspected abuse, thereby providing an essential safety net for those who are most at risk. 

This Act complements the strict regulations imposed by Title 22, offering an additional layer of protection and recourse for nursing home residents and their families. By empowering individuals with the right to seek justice and recover damages, the Elder Abuse and Dependent Adult Civil Protection Act stands as a testament to California’s commitment to safeguarding the dignity and well-being of its elderly and dependent adult residents. 

This Act empowers abused patients to seek punitive damages and attorney's fees, adding another layer of protection for our elderly population. 

What Constitutes Abuse in a Long-Term Care Setting? 

Abuse in a long-term care setting is any intentional or negligent action or lack of action that causes harm, injury, or distress to an individual residing in the facility. This can include physical abuse, emotional or psychological abuse, sexual abuse, financial exploitation, neglect, and abandonment. 

It is important for loved ones to be aware of their rights and the regulations in place to prevent abuse in nursing homes. If you suspect any form of abuse, do not hesitate to seek help and take necessary legal action.  

What Is the Most Common Abuse in Nursing Homes?

The most common type of abuse reported in nursing homes is neglect. Neglect occurs when caregivers fail to meet the basic needs of residents, such as providing adequate food, water, and personal care. This can lead to serious health issues and even death. 

An example of neglect in a nursing home may include failing to provide adequate assistance with daily activities such as eating, bathing, and using the restroom. Neglect can also involve ignoring medical needs, not addressing safety hazards, or not providing enough staff to properly care for residents. 

What If My Loved One Passed Away Because of Nursing Home Abuse?

Firstly, we want to extend our condolences. This is a tragedy that no one should ever have to experience. Know that you're not alone, and you do have options. If your loved one passed away due to nursing home abuse, you may be able to seek compensation and justice on their behalf through a wrongful death lawsuit. This can include financial compensation for medical expenses, pain and suffering, and the loss of companionship. 

Why Choose the Law Offices of Steven Zwick?

At the Law Offices of Steven Zwick, we have a deep understanding of the unique challenges faced by elderly individuals and their families when dealing with nursing home abuse cases. Our extensive knowledge of California law and the operations of nursing home facilities allows us to effectively handle these sensitive situations. 

Our team has consistently demonstrated our ability to confront the tactics used by defense lawyers in the nursing home industry. Rest assured, when you choose us, you're choosing a well-equipped team to handle your case. 

We work with clients across Southern California, including the communities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda. 

Southern California Nursing Home Abuse Attorneys

We're more than just attorneys. We are advocates for the vulnerable and champions of justice. Our team is led by Steven Zwick and James Alquist, and we're dedicated to providing comprehensive legal representation for victims of nursing home abuse in Southern California. With a combined experience spanning over two decades, we have made it our mission to hold negligent nursing homes accountable for their actions and secure maximum compensation for our clients. Contact the Law Offices of Steven Zwick today to schedule a free consultation.