Nursing home abuse in California is still a huge problem. By way of example: The case of an 88-year-old Sacramento, California woman found dead in 2013 after living in a residential nursing home was unbelievably tragic. According to press reports, the elderly woman had developed severe bedsores, triggering sepsis–a life-threatening bacterial infection–and ultimately her death.

Who was to blame for this terrible neglect of an elderly Californian?

To the Department of Justice, it was the owner of the elder-care facility in which she had lived for many years. The federal government lodged felony charges, including manslaughter, against the operator. Local media called it one of the first prosecutions of its kind.

The ultimate resolution of this nursing home neglect case wasn’t immediately available, but the attention paid to such a high-profile case serves to highlight that elder abuse and elder neglect are serious crimes and severely punishable by law. In California, the state’s Welfare and Institutions Code Section 15610.57 requires that anyone caring for an adult exercise a “degree of care” that a reasonable person “in a like position” would exercise.

The statute defines neglect by the following (but is not limited to):

• Lack of medical care for physical or medical needs.
• Failure to protect from “health and safety hazards” and to “prevent malnutrition or dehydration.”
• Not assisting in personal hygiene or the “provision of food, clothing or shelter” and more.

Advocates with the Elder Justice Now initiative say the elderly deserve to be free from “abuse, neglect and exploitation.”

According to the National Center on Elder Abuse, as many as 10 percent of respondents in one major study said they experienced elder abuse within the previous year. Another study highlighted by the organization says “only one in 14 cases of elder abuse ever comes to the attention of authorities.”

Who abuses elders?

While the vast majority of abusers are family members according to the NCEA, many U.S. elderly have their care coordinated by supposedly trusted and regulated caregivers.

The federal Centers for Disease Control estimates that in 2012 approximately 8 million U.S. residents were under the care of about 58,500 “paid, regulated long-term care services providers.”

So how can you tell if something is going wrong with the care you’ve coordinated? Advocates with Elder Justice Now say the signs and symptoms of abuse can come in many forms and are not limited to the following:

• Bruising or other obvious signs of physical abuse
• Signs of poor attention or hygiene, including bedsores and sudden weight loss
• Issues with caregivers, such as belittling behavior or anger
• Sudden changes in finances

For bedsores, it’s important to be armed with information about how they form and the different stages.

• Bedsores form from prolonged pressure on the skin, according to the Mayo Clinic.
• They can be “very difficult” to treat.
• The four stages outlined by Mayo Clinic experts can run from simply: “tender” skin to “exposed muscle, bone or tendons” and even dead tissue.
• The sores can form in different areas depending on mobility. For people in wheelchairs, bedsores may appear on the tailbone or backs of arms. Individuals who are confined to their beds may develop sores on their hips, backs of shoulders, the tailbone and other areas.

How can I learn more?

Government experts with the Administration on Aging have described bedsores as “indicators of possible neglect” and urge those who suspect abuse to seek out resources, which they list by state. If someone’s life is in danger, call 9-1-1.

For a free consultation with California nursing home abuse and neglect attorney or on any accident or injury claim call Steven M. Sweat, Personal Injury Lawyers, APC, APC toll free at 866-966-5240.

Additional Resources

Nursing Home Abuse and Neglect – Laws of California

From The Date of The Accident to Filing a Lawsuit

Obviously, it is not a pleasant thing to be involved in a car, motorcycle or other type of accident but, if one happens, it usually follows this course:

• Accident Occurs: If there is more than $750 in property damages or anyone involved in the accident has sustained personal injuries, all parties involved are required to exchange insurance information and to file a report of accident (so called SR-1) with the California Department of Motor Vehicles.
• All accidents should be reported to your auto insurance carrier immediately to avoid any potential for denial of coverage due to a failure to promptly report the claim (a requirement in every insurance policy).
• PROMPT medical attention should be sought after the accident. Do not be afraid to go by ambulance to the Emergency Room, visit and urgent care facility, or go to your family doctor to be examined following any motor vehicle or other type of accident. Diagnostic studies such as X-rays, CT Scans and MRI s should be ordered and conducted if there is any indication potential fractures, torn cartilage or ligaments or head trauma such as a concussion. If any broken bones, tears or closed head injuries are diagnosed, it is important to follow up with a specialist such as an orthopedist or neurologist. The specialist can diagnose the extent of any major bone, ligament, cartilage, spinal cord injury or traumatic brain injury that may require any number of further treatments sometimes including surgery.
• The normal course of treatment for most auto injury cases is at least a few weeks up to several months of physical therapy for injuries that don’t involve major bone fissures, displacement, disk herniation or more serious conditions.
• Once the incident has been reported to DMV and your insurance carrier and you have sought prompt medical treatment for your injuries, it is important to seek the advice of a competent personal injury attorney AS SOON AS POSSIBLE. Do not make recorded statements to the other party’s insurance carrier, sign any authorizations for release of confidential medical information and records, sign any “releases” or settlement agreements until you do so. Insurance companies are in business to try to minimize what they pay out on claims. They have experienced claims adjusters who are trained to get you to do and say things that will reduce the value of the claim and, quite possibly, even eliminate any right to recovery.
• Once you have retained a lawyer, they lawyer will usually wait until your course of medical treatment has been completed to determine exactly what the total treatment costs are and will be in the future. He or she should also determine what the total policy limits of coverage may be, investigate the facts regarding liability (which can include having an investigator speak with witnesses or other means) and obtain a full set of medical records and bills. At that time (usually between 2-6 months from the date of the accident), the lawyer will make a formal settlement demand and attempt to negotiate a settlement with the at fault party’s insurance company.

What If A Settlement Cannot Be Reached Without Filing a Lawsuit?

If the insurance carrier fails to respond or offers an amount of money that the client thinks is not reasonable based upon the advice and opinion of their attorney, a lawsuit is filed against the at fault party. Their insurance company assigns them legal counsel to defend the lawsuit. The process from there is as follows:

• Lawsuit is filed with the court. The party filing suit is called the “plaintiff” and the party(ies) being sued are “defendant(s)”.
• The defendant has 30 days from the date the lawsuit is served to file a response in writing (usually called and “Answer”).
• From there, the parties engage in “discovery” which can include written questions, oral question under oath in a deposition, and requests for documents. This can also include the defense requesting a medical examination by one or more of their doctors to determine what they believe to be the injuries.
• The parties usually participate in settlement discussion (between attorneys) after this discovery phase has been completed for the most part. This may be informal or it may be in a more “formal” proceeding such as a mediation ( a meeting between the parties with a third party neutral person — usually a retired judge or attorney not involved with the parties — where they try to formally present their positions and negotiate a settlement amount).
• If the parties are not able to agree on settlement, the case is set for a civil jury trial where 12 jurors are selected, evidence is presented and the jury makes a determination as to whether the plaintiff is entitled to recover and how much.