If you are considering the possibility of filing a nursing home abuse or neglect claim in Orange County, or if you are wondering whether you have a valid nursing home abuse or neglect claim, it is important to learn more about how these claims work. A recent Forbes article provided information about the key elements of a nursing home abuse claim regardless of where you are in the country. Still, it is also important to understand how California law works specifically. The following is a general guide to nursing home abuse and neglect claims in Orange County and throughout California.
Understand What Constitutes Nursing Home Abuse, Neglect, and Negligence
The terms nursing home “abuse” and “neglect” are often used interchangeably, and you will also often see references to “nursing home negligence.” Generally speaking, nursing home negligence claims can include claims of abuse and neglect, and they usually name a specific nursing home or group of facilities (although sometimes additional parties may be named, such as certain staff members), and they allege that the nursing home’s negligence resulted in a resident’s injuries. More specifically, nursing home abuse claims tend to involve specific allegations of known types of nursing home abuse, and they may name the nursing home in addition to a specific staff member who perpetrated the abuse. At the same time, you may see these terms used interchangeably in various circumstances.
When such a distinction does exist or is clear, the distinction among these terms is not especially important for a person who believes they have a claim. In short, if a nursing home resident suffered an injury due to a nursing home’s negligence or neglect or the actions taken by a nursing home or its staff members, it may be possible to file a claim.
Nursing Home Abuse Claims Can Include Various Types of Abuse
Claims can include various forms of abuse or neglect, such as:
- Physical abuse;
- Emotional abuse;
- Passive neglect;
- Willful deprivation; and
- Sexual abuse.
Negligence can also be at the heart of many of these types of claims, such as failing to repair broken flooring that leads to a fall in the facility.
Nursing Home Resident Rights and California Lawsuits
While there is a federal nursing home resident bill of rights in the Nursing Home Reform Act, it is important to know that California law tends to provide broader protections to nursing home residents. Some key categories of nursing home resident rights include:
- Nursing home admission rights;
- Rights concerning medical treatment and informed consent;
- Right of choice to activities and time;
- Personal privacy rights;
- Right to be free from abuse;
- Right to be free from restraints;
- Rights concerning charges and money.
You can learn more about these specific rights through the documents listed on the California Department of Public Health (CDPH) website. If you believe that you or an elderly loved one had your rights violated or suffered harm because of negligence at a nursing home, you should seek advice from an attorney about filing a claim.
Contact an Orange County Nursing Home Abuse Attorney
Do you have questions about filing a Southern California nursing home abuse, neglect, or negligence claim? One of our experienced and compassionate Orange County nursing home abuse lawyers can speak with you today about your options. Contact the Walton Law Firm to learn more about how we can help.
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