This resource is for families in San Bernardino County seeking to understand the complexities of nursing home neglect and their legal rights when a loved one is harmed. Please call Southern California Nursing Home Law Group for a free consultation to get your questions answered.
What Are the Core Responsibilities of Nursing Homes and Assisted Living Facilities in San Bernardino County?In California, nursing homes and assisted living facilities have a legal and ethical duty to provide a safe, sanitary, and supportive environment for all residents. This goes beyond just providing meals and a room. Facilities in cities like San Bernardino, Fontana, and Rancho Cucamonga must adhere to a "standard of care" that ensures each resident can attain their highest possible physical, mental, and psychosocial well-being. This includes preventing foreseeable harm, providing adequate nutrition and hydration, administering medications correctly, assisting with personal hygiene, and ensuring residents are free from abuse and neglect. Failure to meet these fundamental responsibilities can be grounds for legal action.
How Does Understaffing Contribute to Neglect in Local Facilities?Understaffing is one of the most significant factors leading to nursing home neglect. When a facility in a community like Victorville or Ontario operates with a skeleton crew, the staff on duty often become overworked, stressed, and unable to provide adequate attention to every resident. This can lead to a cascade of failures: calls for help go unanswered, residents are not repositioned to prevent bedsores, assistance with meals is rushed, and changes in a resident's health condition are overlooked. It is rarely the fault of an individual nurse or aide; rather, it is a systemic failure of the facility's management to prioritize resident safety over profits. An experienced San Bernardino nursing home neglect lawyer can investigate staffing levels to determine if they were a primary cause of injury.
What Are Some Subtle but Serious Signs of Neglect?While obvious injuries are clear cause for alarm, neglect often manifests in more subtle ways that can be just as dangerous over time. Families should be vigilant for these less apparent red flags:
Yes, in many cases, a facility can be held liable for resident-on-resident altercations. Nursing homes have a duty to adequately supervise all residents and to protect them from foreseeable harm. This includes being aware of residents who may have aggressive tendencies or cognitive impairments that could lead them to harm others. If the facility fails to implement proper supervision or take precautions to separate residents who pose a risk to each other, it can be considered a breach of their duty of care.
What Is the Difference Between a Medical Error and Negligence?A medical error is a mistake that does not necessarily cause harm, while medical negligence involves a mistake that falls below the professional standard of care and directly results in injury to the patient. For example, giving a resident the wrong dosage of a medication is an error. If that incorrect dosage leads to a severe reaction, hospitalization, or death, it becomes an act of negligence. A San Bernardino nursing home neglect lawyer can help determine if a negative health outcome was the result of actionable negligence.
Why Is Documentation So Important in a Neglect Case?Thorough documentation is the foundation of a strong nursing home neglect claim. When you visit your loved one, take detailed notes with dates and times of your observations. Photograph any visible injuries like bruises or bedsores. Keep a log of your conversations with staff and administration, noting who you spoke with and what was discussed. This evidence can be invaluable in proving a pattern of neglect and holding the facility accountable for its failures. Your detailed records provide concrete proof that is difficult for a facility to dispute.
What Should I Do If I Suspect Neglect but Am Unsure If I Have a Case?If your intuition tells you that something is wrong, you should always act on it. The well-being of your loved one is too important to ignore any concerns. The first step is to voice your specific observations to the nursing home's director of nursing or administrator. If the issues are not resolved, your next step should be to seek expert legal advice. Many families hesitate because they are not legal experts, but you don't have to be.
The Southern California Nursing Home Law Group has been representing individuals and families in cases of nursing home neglect for more than 20 years. We encourage you to call us to discuss your concerns. An experienced San Bernardino nursing home neglect lawyer can assess your situation during a free consultation, explain your rights, and help you understand the available legal options for protecting your family member and seeking justice.