The prospect of filing a nursing home abuse lawsuit in San Diego County can feel daunting, especially if you are unsure about whether it makes sense to begin the process of taking action against a particular facility. The most critical thing to remember is that, if you have any suspicions about nursing home abuse or neglect, it is always a better idea to do something than to hope that your concerns are misplaced. Much too often, nursing home abuse occurs—and continues to happen—because nobody takes action to stop it. An experienced San Diego County nursing home abuse attorney can help you to understand whether you have a valid claim, and what steps you need to take in order to move forward with a lawsuit.
In the meantime, the following are some commonly asked questions about nursing home abuse claims, along with answers to help you get started.
How Does California Law Define Nursing Home Abuse?
Under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), elder abuse is generally defined as “physical abuse, neglect, fiduciary abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.” As you can see, there are various types of elder abuse that are included as part of the EADACPA’s definition. While the law suggests that elder abuse is a relatively broad term that can occur in various nursing home settings, it is important to talk with a lawyer about the specific facts of your case to ensure that you can bring a claim under the EADACPA.
Is There a Difference Between Nursing Home Abuse and Neglect?
California law recognizes neglect as one form of elder abuse, but it is important to be aware that there are different forms of elder abuse that can occur at a nursing home. For example, physical abuse (one form of elder abuse) may be intentional, while neglect need not involve an intention to do harm, but rather may occur as a result of inadequate care or negligent supervision.
Does Abuse Only Occur in Nursing Homes?
No. While many instances of elder abuse do occur in nursing homes or skilled nursing facilities in California, elder abuse can also occur in assisted living facilities, residential care facilities for the elderly (RCFEs), hospitals, and even in a senior’s own home.
Does California Have a Time Limit for Filing a Claim?
Most nursing home abuse lawsuits must be filed within two years from the date of the abuse or neglect under California law. Failure to file a nursing home abuse claim within two years can result in the claim becoming time-barred.
Contact a Nursing Home Abuse Lawyer in San Diego County
Do you have questions about nursing home abuse and the claims process in Southern California? Do you want advice from an experienced San Diego County nursing home abuse attorney about your case? One of the advocates at our firm can assess your case today and provide you with more information about your options. Contact the Walton Law Firm to learn more about the services we provide to older adults and their families in San Diego County and throughout Southern California.
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