Holding San Bernardino County Nursing Homes Accountable: Wrongful Death Claims for Elder Abuse and Neglect

The decision to place a loved one in a nursing home or assisted living facility is often fraught with emotion and based on trust – trust that they will receive the care, respect, and dignity they deserve. When that trust is broken, and neglect or abuse leads to a premature death, the grief is intensified by a profound sense of betrayal. For families in San Bernardino County, from San Bernardino city and Fontana to Rancho Cucamonga, Ontario, Victorville, and Hesperia, the Southern California Nursing Home Law Group offers a path to justice and accountability. With over two decades of experience representing residents and their families across Southern California, our dedicated attorneys are here to help you navigate the complexities of a wrongful death claim.

Understanding Wrongful Death in San Bernardino County Care Facilities

Wrongful death occurs when a person dies due to the negligent, reckless, or intentional act of another party. In the context of nursing homes and assisted living facilities, these tragic outcomes often stem from a pattern of abuse or neglect. California law provides robust protections for elders and dependent adults, and when facilities in cities like Chino, Upland, Highland, Redlands, or Apple Valley fail in their duties, they can and should be held liable.

How Neglect and Abuse Can Lead to Fatal Consequences:

The scenarios leading to wrongful death in San Bernardino care facilities are varied and deeply concerning:

• Pervasive Neglect: This is a common factor and can manifest in numerous ways:
  • Untreated Bedsores (Pressure Ulcers): Residents who are immobile require regular repositioning. Failure to do so can lead to bed sores, which, if neglected, can become infected (sepsis) and prove fatal.
  • Malnutrition and Dehydration: Inadequate staffing or attention can result in residents not receiving sufficient food or fluids, leading to severe health decline, organ failure, and death.
  • Fall-Related Fatalities: Lack of proper fall prevention measures, inadequate supervision, or unsafe environments can cause falls. For an elderly individual, a broken hip or head injury from a fall can sadly lead to a rapid decline and death.
  • Medication Errors: Administering the wrong drug, incorrect dosage, or missing medications altogether can have lethal consequences.
  • Failure to Seek Timely Medical Attention: Ignoring signs of acute illness, infection, or changes in a resident’s condition, delaying necessary medical intervention until it's too late.
  • Inadequate Infection Control: Failure to follow proper hygiene protocols can lead to the spread of infections, which can be life-threatening for vulnerable seniors.
• Intentional Abuse: While less frequent than neglect, direct abuse can also result in death:
  • Physical Abuse: Incidents of hitting, shoving, or improper use of restraints can cause fatal injuries.
  • Emotional or Psychological Abuse: While not directly causing physical death, severe emotional abuse can lead to a resident losing the will to live, refusing food, or suffering from extreme stress that exacerbates other health conditions.
• Understaffing and Improper Training: Often, the root cause of neglect and abuse is a facility's decision to cut costs by understaffing or failing to adequately train and supervise their employees. This systemic failure places residents in Barstow, Loma Linda, and other San Bernardino County communities at grave risk.

Wrongful Death Claims and Survival Actions: Understanding the Legal Pathways

When a loved one dies due to the misconduct of a San Bernardino County nursing home or assisted living facility, there are typically two types of claims that can be pursued:

1. Wrongful Death Claim: This claim is brought by the deceased person's legal heirs (e.g., spouse, children, or other designated individuals under California Code of Civil Procedure § 377.60). It seeks compensation for the losses suffered by the heirs themselves, such as the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. It also covers the economic losses like lost financial support and funeral and burial expenses.
2. Survival Action: This is a distinct but often related claim. Under California Code of Civil Procedure § 377.30, a cause of action that the deceased person had before their death can "survive" and be brought by their personal representative or successor in interest. In essence, the decedent, through their estate, can still maintain a case for the damages they themselves suffered before dying. This is particularly crucial in elder abuse cases, as it allows the estate to recover damages for the pain, suffering, or disfigurement the elder endured as a result of the abuse or neglect before their death. Navigating these distinct but complementary legal actions requires experienced legal counsel.

Why Choose Southern California Nursing Home Law Group?

For over 20 years, the Southern California Nursing Home Law Group has been a staunch advocate for the rights of nursing home and assisted living residents in San Bernardino County and throughout the region.

• Unparalleled Experience: We focus exclusively on elder abuse and neglect litigation. This specialized knowledge allows us to understand the intricate regulations governing these facilities and the medical complexities often involved.
• Proven Track Record: Our firm has a long history of successfully holding negligent facilities accountable and securing substantial recoveries for families who have suffered unimaginable losses. We fight tirelessly for the justice our clients deserve.
• No Win, No Fee Guarantee: We handle all wrongful death cases on a contingency fee basis. This means you pay absolutely no upfront legal fees. We only receive a fee if we successfully recover compensation for you. This allows families to pursue justice without the burden of financial risk.
• Free, Confidential Consultations: We offer completely free and confidential consultations. This allows you to discuss the circumstances of your loved one's death with an experienced attorney, understand your legal rights, and learn how we can help, all with no obligation.
• Compassionate Representation: We understand the profound grief and anger you are experiencing. Our team provides compassionate, client-focused representation, guiding you through every step of the legal process with sensitivity and dedication.

Don't Let Your Questions Go Unanswered

If a loved one has died in a San Bernardino County nursing home or assisted living facility, and you suspect that neglect, abuse, or any form of misconduct contributed to their death, it is vital to seek legal advice promptly.

Contact the Southern California Nursing Home Law Group today. Let our experienced San Bernardino County wrongful death attorneys investigate the circumstances, explain your options, and fight for the dignity and justice your loved one deserves. We are here to listen and to help.

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