San Francisco Nursing Home Abuse Attorney: FAQs On Nursing Home Abuse

ATTORNEY NEWSLETTER

What is nursing home abuse?

Sadly, seniors in assisted care facilities and nursing homes are at risk of abuse and neglect by the very individuals paid to care for them.  Stories of intentional abuse of seniors in these settings are hard to read but abuse is a real threat, particularly for those seniors suffering from dementia.  Neglect is another terrible form of nursing home abuse and nursing facility understaffing may result in neglect.  California Attorney General Rob Bonta just announced a $15 million settlement of understaffing charges against a nursing home chain, which is discussed below.

Evans Law Firm, Inc. represents elderly victims and families in cases of nursing home abuse and pursue all those responsible for the abuse including any owners or administrators and supervisory persons in charge of any caregiver who abuses or neglects patients. 

Are negligence and neglect of seniors acts of abuse?

Yes. In addition to injuries from intentional physical abuse or assault or sexual assault or rape, injury by negligence, neglect and abandonment are also actionable forms of elder abuse.  See Cal. Welf. & Inst. Code §§ 15610.05 (definition of abandonment); 15610.63 (definition of physical elder abuse), and 15610.57 (definition of neglect). 

Are nursing homes required to report abuse to the authorities?

Yes.  Any staff member or  supervisor who sees or learns of abuse or neglect is required to report it. Cal. Welf. & Inst. Code § 15630.[1] Whether the injuries are the result of intentional abuse as in the reported case or negligence  discussed below, we believe owners, administrators, and individual staff members should be held accountable for any neglect or abuse that results in injury. 

What should I do if I suspect a loved one is a victim of nursing home abuse?

Victims and families may sue all those responsible for injuries sustained.  Recourse can include an award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a).  If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility here in San Francisco or elsewhere in California, call Evans Law Firm, Inc. at 415-441-8669, and we can help.  Our toll-free number is 1-888-50EVANS (888-503-8267).

Is there a case example of nursing home abuse?

Yes, California Attorney General Rob Bopnta recently announced a $15 million settlement with a nursing home chain over allegations of understaffing.[2]  The settlement includes $12.5 million in penalties and costs and $2.5 million in funds toward improving staffing and securing a compliance monitor. Skilled nursing facilities (SNFs) cater to some of the state’s most frail, elderly, and vulnerable residents. The California Legislature established minimum staffing regulations for SNFs that choose to operate in California. These laws require SNFs to provide a minimum of 3.5 direct care service hours per resident day from nurses and aides, 2.4 hours of which must come from certified nurse assistants.  However, the government alleges that while defendant accepted tens of millions of dollars to care for Medi-Cal patients in its SNFs, an investigation conducted by the Division of Medi-Cal Fraud and Elder Abuse (DMFEA) revealed systemic understaffing, in violation of California law.

What legal remedies are there for victims and families?

Damages include:

• Economic damages where an actual cost has been absorbed such as medical expenses, loss of income, and specialist fees.
• An award of attorneys’ fees and costs in litigating the case.  Welf. & Inst. Code § 15657.5.
• Non-economic damages such as emotional trauma, pain, suffering, and loss of a loved one.
• Punitive damages that are awarded as punishment against the defendant and also meant to deter other nursing homes and staff from committing similar neglect or abuse.

Contact Us

If you or a loved one been the victim of nursing home abuse in San Francisco or elsewhere in California, contact Ingrid M. Evans at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:[email protected]”>[email protected]</a>. Our toll free number is 1-888-50EVANS. 

[1] Section 15630 reads:  “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter.”

[2] Evans Law Firm, Inc. was not involved in the case in any way.