When Nursing Home Neglect is Intentional: Understanding Willful Deprivation

Older adults in Orange County nursing homes should always expect to be treated with dignity and respect, and they should also be able to expect that nursing homes are employing a sufficient number of staff to provide for the individual needs of residents. Yet, much too often, nursing homes do not provide the quality of care that they promise to provide. As a result of nursing home abuse — including intentional acts of physical and emotional harm, as well as sexual abuse — and nursing home neglect or negligence, Southern California nursing home residents suffer serious and sometimes deadly injuries. Families are often taught to be aware of the signs and symptoms of abuse or neglect, including physical and psychological warning signs about an elderly loved one’s well-being. 

We often think about nursing home abuse as intentional harm and neglect as a failure to provide care due to understaffing, for example, yet there are some cases in which nursing home neglect is intentional. In other words, staff members might make intentional decisions to withhold care in order to deprive elderly residents of the assistance they need or the medications on which they rely. Our Orange County nursing home neglect lawyers can explain in more detail.

Understanding Willful Deprivation in Southern California Nursing Homes

Willful deprivation is a particular kind of nursing home abuse that often causes signs or symptoms associated with passive neglect (i.e., a situation in which nursing home staff unintentionally failed to provide care or treatment), but actually results from intentional acts. 

According to the National Council on Aging (NCOA), willful deprivation “means denying an older adult medication, medical care, shelter, food, a therapeutic device, or other physical assistance, and exposing that person to the risk of physical, mental or emotional harm.” Signs and symptoms often include unexplained or untreated infections, unexplained injuries from falls, bed sores, unkempt appearance, lack of needed medical devices, malnutrition, or dehydration. 

Reporting Willful Deprivation Concerns

If you have any concerns about an elderly loved one’s health or safety in a nursing home, it is critical to report those concerns so that they can be properly investigated and addressed. This is true for any type of abuse, neglect, or negligence. To be sure, even if you are unsure whether a staff member intended to cause harm, it is important to remember that the facility owes a duty of care to residents and can be liable for harm, regardless of whether or not it was intentional.

How should you report concerns of willful deprivation, or other forms of nursing home abuse or neglect? For immediate issues, you can call 911 or make a police report. You can also contact the relevant California Adult Protective Services (APS) agency to initiate an investigation. Every county in the state has an APS agency that can take reports of abuse and neglect. In addition, you should discuss the case with a Southern California nursing home abuse and neglect attorney who can assess the case and help you to determine whether the facility may be liable.

Contact an Orange County Nursing Home Neglect Attorney Today for Assistance

For any questions or concerns about willful deprivation injuries or harm arising out of other forms of nursing home abuse or neglect, you should get in touch with an experienced Orange County nursing home abuse and neglect lawyer for help. We can speak with you today to learn more about your elderly loved one’s situation and to discuss the details of the specific circumstances in which your elderly loved one suffered an injury or another type of harm. If the facility is liable, we can help you with a claim against the nursing home. Contact the Walton Law Firm for more information.  

 

See Related Blog Posts:

California Attorney General Sues Skilled Nursing Chain for Systemic Neglect and Fraud

Liability for Wandering and Elopement in Los Angeles County Nursing Homes

 

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