Orange County Elder Abuse Lawyers: A Guide to Elder Abuse and Neglect in Nursing Home and Assisted Living Setting

The decision to place a loved one in a nursing home, assisted living facility, or board and care home is one of the most difficult a family can make. Families trust these facilities to provide a safe, caring, and nurturing environment. Unfortunately, in Orange County and across California, the reality can be far different. Elder abuse and neglect are serious issues that can lead to devastating consequences for residents and their families. This guide will answer some of the most common questions about elder abuse and neglect in Orange County and explain how you can seek justice for your loved one.

Should you have any questions, please reach out to speak with one of our qualified Orange County elder abuse lawyers.

Q: What Is Considered Elder Abuse and Neglect Under California Law?

A: California law, specifically the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), provides strong protections for our seniors. The EADACPA defines an "elder" as any person residing in California who is 65 years of age or older. The law protects against various forms of harm, including physical abuse, emotional abuse, financial exploitation, and, most commonly, neglect.

Neglect, in a legal sense, is the failure of a caregiver or facility to provide the level of care that a reasonable person would in a similar situation. This can be intentional or simply the result of carelessness or recklessness, but the outcome for the resident is the same.

Q: What Are Some Examples of Custodial Neglect in Long-Term Care Facilities?

A: Custodial neglect can manifest in numerous ways in nursing homes, assisted living facilities, and even homes that market themselves as specialized "memory care" centers. These facilities have a fundamental duty to care for their residents, and a failure to do so can be considered neglect. Some common examples include:

• Failure to Prevent Falls: Not implementing proper fall prevention protocols for at-risk residents, leading to multiple falls and causing injuries such as head injuries (brain bleeds) and other serious fractures.
• Development of Pressure Sores (Bedsores): These painful and often preventable wounds are a hallmark of neglect and can lead to severe infections if left untreated. They are caused by a failure to regularly reposition residents who have mobility issues.
• Malnutrition and Dehydration: Inadequate monitoring of a resident's food and fluid intake can lead to rapid health decline, weakness, and other serious medical conditions.
• Poor Personal Hygiene: A failure to assist with bathing, grooming, and oral care can lead to infections, skin conditions, and a loss of dignity.
• Medication Errors: Administering the wrong medication, the wrong dosage, or failing to provide medication at the prescribed times can have life-threatening consequences.
• Failure to Provide a Safe Environment: This can include not addressing hazards that could lead to injury or failing to protect residents from altercations with other residents, especially in so-called “memory care” facilities.
• Ignoring Medical Needs: Not seeking timely medical attention for an illness or injury. This happens more than you think. When there has been a change in condition and the resident is in obvious medical distress but the facility fails to call a doctor or call 911.

These examples are not exhaustive, and any situation where a resident's health and well-being are compromised due to a lack of proper care could be considered neglect.

Q: My Loved One Is in a Facility in One of Orange County’s Largest Cities. Does This Change Anything?

A: Whether your loved one is in a facility in Anaheim, Santa Ana, Costa Mesa or Huntington Beach, or any other city in the county, the same laws and standards of care apply. The high population density in these urban centers can sometimes lead to overcrowded and understaffed facilities, which are significant risk factors for neglect. No matter the location within Orange County, every resident is entitled to be free from abuse and neglect.

Q: What Should I Do if I Suspect Elder Abuse or Neglect?

A: If you suspect that your loved one is a victim of elder abuse or neglect, it is crucial to take action. Your first priority should be to ensure the immediate safety of your loved one. This may involve speaking with the facility's administration, and if you believe they are in immediate danger, calling 911.

It is also highly recommended that you speak with a qualified Orange County elder abuse lawyer. An experienced attorney can help you understand your legal options, investigate the facility, and hold the responsible parties accountable.

Q: Why Should I Contact the Southern California Nursing Home Law Group?

A: For over two decades, the Southern California Nursing Home Law Group has been dedicated to representing individuals and families impacted by elder abuse and neglect in Orange County. We have a long and successful history of fighting for the rights of vulnerable seniors. Our 5-Star Google Reviews are a testament to the services we provide.

Our team of experienced Orange County elder abuse attorneys understand the complexities of these cases and is committed to securing the justice and compensation our clients deserve. We take all cases on a contingency fee basis, which means you pay nothing unless we win your case.

Don't let your loved one's suffering go unanswered. If you have concerns about the care a family member is receiving in a nursing home or assisted living facility, it is time to seek legal advice. A dedicated elder abuse lawyer in Orange County from our firm is ready to listen to your story and help you navigate the path forward.

Contact the Southern California Nursing Home Law Group today for a free, no-obligation consultation. Let our experienced legal team investigate your allegations and fight for the dignity and rights of your loved one.

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