If you have a friend or loved one who lives in a nursing home, one of your biggest fears likely revolves around the idea that they could become the victim of nursing home abuse. This fear may seem irrational but it is not unfounded, as research suggests about ten percent of all nursing home residents experience neglect or abuse. This is an alarming figure and definitely one that should not be ignored. You should know the signs of nursing home abuse and observe your loved one carefully, not only for physical injuries but also changes in behavior or demeanor. Abuse can come in many different forms, ranging from ignoring the repeated requests of a patient, all the way up to physical abuse. Abuse has so many negative, long-reaching effects, and in some cases, can even be fatal. The laws concerning nursing home abuse vary by state and if you live in the state of California, you may have questions concerning how to proceed with a nursing home abuse case, including determining who is liable. If your friend or family member lives in a nursing home in the state of California and has suffered some kind of nursing home abuse, keep reading to gain a better idea of how to assign liability.
The Facility Could Be the Culprit
When the person in your life who lives in a nursing home originally went to the establishment, they may not have been aware of structural inconsistencies throughout the building. Regardless of whether the structure is new or old, it's vital for certain enhancements to be done at regular intervals so the building can remain habitable. Settling is a natural occurrence wherein the building nestles more deeply into the surrounding earth as time moves forward. However, if the building itself isn't sound enough, the settling process could result in uneven flooring that is dangerous to walk on.
For example, if your friend or family member took a nasty fall while trying to get to the bathroom, it could be more than an instance of clumsiness. There is a possibility that the floors haven't been tested to see if they are still level for a very long time. The change in tile levels makes it easy to misstep and fall down, even for someone who has an excellent sense of balance. It's noted that nursing homes do not report as many as 43 percent of falls that result in a major injury, so it's vital for you to remain vigilant each time you are visiting with the resident you care about. Carefully note any changes in their demeanor or how they position their bodies, because these could convey significant indicators of them trying to hide an injury or situation that is making them extremely uncomfortable.
Other Patients May Need to Be Investigated
Although you likely don't like to entertain the thought of another patient causing harm to your loved one, it is a very real scenario that could definitely take place. While nursing homes traditionally conduct formal background checks on staff members before hiring them, the same cannot always be said about the patients. The other individuals who are patients at the nursing home are people too, complete with diverse histories and backgrounds that may include elements you are totally unaware of. If your relative is in a shared room, it would actually be quite easy for another resident to cause harm over a perceived slight. Resident-to-resident mistreatment (RRM) happens on many different levels and includes physical, emotional and sexual abuse. RRM can be seen in cases of cursing or throwing items at another resident, as well as unwanted advances that cause psychological abuse and extreme discomfort. Some staffers may not be aware of RRM, so it can be easy to overlook since the resident would likely be the last person on the list of suspects. It is up to you to keep the lines of communication open with your loved one so they will know they have a trusted person to confide in if there is a conflict with another resident.
Legal Assistance Bridges the Gap
In your search to find out who is liable for the nursing home abuse experienced by your friend or family member, you must remember that there are always skilled people available to help. You may not have the resources or the knowledge necessary to know where to look or even how to begin investigation procedures that can get to the root of the problem.
Partnering with a nursing home injury attorney is a great place to start. These are experienced legal professionals who can pair you with the right people who can perform an extensive investigation to determine liability according to the prevailing state laws in California. Working with a lawyer as soon as you learn about the abuse is the best route to take. The sooner you can get the ball rolling on an official investigation, the quicker you can obtain justice and restitution for the person you love.
