Nursing Home Abuse in Oakland, CA

What Is Nursing Home Abuse?

Nursing home abuse is a serious issue that affects many vulnerable individuals. This kind of misconduct can come in many forms, including physical, emotional, and financial abuse.

It is vital to know your rights if you or a loved one has been a victim in Oakland. In this article, we’ll discuss the laws in California that protect seniors and what they allow you to do.

Federal Laws Protecting Against Nursing Home Abuse

Nursing Home Reform Act (1987)

The Nursing Home Reform Act of 1987 established strict procedures for Oakland, California. The purpose was to address elder abuse and neglect uncovered by an Institute of Medicine study. As per this regulation, Oakland facilities must:

• Ensure proper monitoring and employ equipment or measures to avoid accidents.
• Offer appropriate nourishment and maintain adequate sanitation.
• Ensure that enough personnel is present to provide proper patient care.
• Maintain precise medical documentation for every person.
• Aid the residents in sustaining a lively way of living.
• Develop a written plan of action for each occupant.
• Record and evaluate specific requirements.

Nursing Home Residents’ Bill of Rights

The Nursing Home Reform Act included a Bill of Rights to protect nursing home residents. This document specifies the entitlements of anyone living in a Oakland, CA nursing home. it includes provisions such as:

• Adequate medical care and treatment
• The right to express concerns or grievances without retaliation or harassment
• If mentally sound, the freedom to make independent decisions
• The right to confidentiality and privacy in matters related to health

Elder Justice Act

The Elder Justice Act combats the mistreatment and neglect of elderly individuals. For example, it requires nursing home employees to report elder abuse. Moreover, the legislation also established the following measures:

• The nursing home must notify state authorities before closing the facility. They must also relocate all residents to suitable alternatives within a 60-day timeframe.
• The Elder Justice Coordinating Council convenes twice annually to explore innovative strategies. They also formulate reports for Congress on enhancing protections for seniors.
• The Employee Background Check Database allows nursing homes to exercise greater discretion in hiring procedures. This service reduces the risk of abuse by scrutinizing the past behavior of potential employees.

State Laws Protecting Against Elder Abuse and Neglect

The regulations concerning this issue vary from state to state. Even though they often mirror federal laws, they may pass additional legislation. For example, states with more nursing home residents than others tend to have more protections.

California has several laws in place to protect elders from abuse. The Elder Abuse and Dependent Adult Civil Protection Act is one of the most comprehensive laws. Under this statute, any of the following may qualify as illegal activities:

• Neglect

• Financial fraud

• Abandonment

• Isolation

• Abduction

• Any other treatment that causes physical or mental harm

You can call the Alameda County Area Agency on Aging at (510) 577-1900 to report a facility. Alternatively, you can visit their office at 6955 Foothill Blvd, Suite 143, Oakland, CA 94605.

Can You File a Lawsuit in Oakland, California For Nursing Home Abuse?

It is advisable to pursue the highest possible amount of compensation. In the case of nursing home abuse, victims or can initiate legal action in civil and criminal courts. It is feasible to settle without filing a lawsuit. Nonetheless, legal action may be necessary if there is a dispute about equitable compensation.

Several nursing home laws can justify an abuse lawsuit in Oakland, including:

• CHSC Section 1430 protects residents’ rights and requires facilities to report abuse.

• CWICS 15610.17 defines elder abuse and outlines the types of abuse that can occur.

• CPCS 368 makes it a crime to abuse or neglect the elderly or a dependent adult.

• CCRS 72311 designates the rights of nursing home residents.

How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?

Victims of nursing home abuse or neglect in Oakland have the option to start a civil lawsuit. There are several avenues available to them to receive such compensation.

• Restitution is a means of compensating victims in a criminal case. The offender must provide financial compensation to make amends for the harm caused.
• In the settlement phase, parties involved in a legal dispute agree on compensation without the involvement of a jury. After the parties agree on the damages, they sign a document to stop further legal action. If the plaintiff endorses this document, it can terminate an ongoing trial or forestall one.
• In a verdict, a jury in a trial decides whether the defendant is responsible for the wrongdoing. If the jury finds the nursing home responsible, it also determines the amount of payment.

Compensation awarded through a lawsuit for nursing home abuse or neglect can assist in covering various expenses. Some of the most common are medical bills, therapy, relocation, and pain and suffering.

Civil and Criminal Nursing Home Abuse Lawsuits

Most nursing home abuse cases go to a civil court. But there are instances where victims can file both criminal and civil cases. For example, if a nursing home staff member pushes a victim, the worker could face criminal liability. Subsequently, the same worker may face a lawsuit in civil court.

A nursing home abuse lawsuit would typically be under the jurisdiction of the Alameda County Superior Court. This court in Oakland hears civil cases, including this type of litigation.

What Types of Nursing Home Abuse Lawsuits Exist?

The majority of nursing home abuse lawsuits in California are tort and breach of contract. Tort lawsuits are more prevalent since victims often need compensation for direct harm. Meanwhile, a breach of contract lawsuit usually has a restricted compensation amount.

Tort Nursing Home Abuse Lawsuits

Various kinds of torts align with different categories of crimes:

• Negligence or intentional abuse that results in death is a wrongful death case.
• Neglect refers to the failure of a nursing home to fulfill its obligation to provide proper care to a patient. It typically involves nursing home staff being inattentive, irresponsible, or apathetic.
• Medical malpractice occurs when nursing home healthcare professionals deviate from standard procedures.
• Abuse involves intentional harm to victims, which could result in serious physical injury.

Work With an Experienced Local Lawyer In Oakland, California.

If you intend to sue a nursing home for abuse or neglect, consult with an experienced attorney in Oakland. A nursing home abuse lawyer can assist you in gathering information, finding witnesses, and going to trial.

Are you ready to hire an experienced Oakland nursing home abuse attorney? We can even help you connect with an attorney across California state lines.

Submit a request online or call us today at (866) 345-6784.