When a senior in a Los Angeles County nursing home suffers an injury because of the facility’s negligence or because of an intentional act committed by a staff member, it may be possible to file a claim against the facility in order to seek compensation and to hold the facility accountable. Yet it can be difficult to know when a facility should be sued, especially since there are so many different types of injuries and harm that an older adult can experience. One type of harm that may not be discussed as often as physical abuse in nursing homes but that can cause serious psychological injuries is harm to a person’s dignity. What rights does a nursing home resident have in California concerning rights to dignity and the right to be free from psychological or emotional harm? Our Los Angeles County nursing home abuse attorneys can provide you with more information.
Harm to a Person’s Dignity Can Be a Form of Nursing Home Abuse
It is critical to know that nursing home abuse is a term that can refer to many different types of harm — not just physical abuse. Indeed, there are many kinds of elder abuse and neglect that can occur at nursing homes and assisted living facilities in Southern California. In some cases, a staff member at a nursing home might not even intend to cause harm but may be so busy or overwhelmed that they cannot fully perform the requirements of their job, which results in a nursing home resident suffering an injury. In other cases, various forms of intentional abuse, including physical abuse, psychological abuse, and willful deprivation, may result in harm to a person’s dignity.
When any type of nursing home abuse or neglect results in harm to a resident’s dignity, it may be possible to file a claim against the facility. It is critical to have an attorney assess the case to determine the nursing home’s liability and the possibility that a staff member or another party could also be liable.
Right to Dignity in California Nursing Homes
Residents of California nursing homes have rights under the law. Those rights include a right to dignity more broadly, which is encapsulated in several specific rights set forth under state law. General categories of rights that involve a resident’s dignity include, for example:
- Quality of life rights in the nursing home;
- Right to visitors;
- Right to privacy and confidentiality;
- Right to choose how to spend your time;
- Right to quality care;
- Living accommodation rights;
- Rights concerning medical care and treatment;
- Right to be free from abuse;
- Transfer and discharge rights;
- Rights concerning freedom of choice;
- Right to participate in care planning; and
- Right to be free from physical and chemical restraints.
When any of these rights, as outlined by the California Department of Public Health (CDPH), are violated, a nursing home resident may, depending upon the circumstances, experience harm to their dignity and may suffer emotional, psychological, and physical consequences.
Contact a Los Angeles County Nursing Home Abuse Lawyer
To find out more about filing a claim involving a violation of any of the rights listed above, you should contact an experienced Los Angeles County nursing home abuse attorney at our firm today. Contact the Walton Law Firm to learn more about how we can assist you.
See Related Blog Posts:
Hospice Fraud and Nursing Home Abuse: What You Should Know