Can I Sue a Nursing Home in San Bernardino County for Neglect?
It is a question that cuts to the heart, born from suspicion, anger, and a deep sense of betrayal. Watching a loved one suffer from possible neglect in a facility that promised to care for them is a devastating experience.
The direct answer to your question is: Yes, you absolutely can sue a nursing home in San Bernardino County for neglect.
If your family member has suffered from bedsores, serious falls, dehydration, or other injuries, you have the right to seek justice. California law provides powerful protections for victims of elder neglect.
For over 20 years, Nursing Home Law Group has been fighting for families just like yours throughout California. We understand your pain, and we know how to hold negligent facilities accountable. You are not alone, and we are here to help.
What Is “Neglect” Under California Law?Neglect is not just a single, isolated mistake. It is often a pattern of failure that violates the "duty of care" a facility owes to its residents. In a legal context, neglect is the failure of a nursing home or assisted living facility to provide the basic care, medical services, or supervision that a reasonable person would have provided, resulting in harm to the resident.
Common signs of neglect in nursing homes include:
- Bedsores (Pressure Ulcers): These are almost always a sign that staff is not repositioning the resident properly.
- Frequent Falls: While some falls happen, repeated falls can indicate a lack of supervision, improper assistance, or failure to follow the care plan.
- Malnutrition or Dehydration: Unexplained weight loss, chapped lips, and persistent thirst are red flags.
- Poor Personal Hygiene: Soiled bedding, unchanged diapers, or strong odors of urine or feces.
- Unsanitary Living Conditions: A dirty room, pest infestations, or unclean common areas.
- Medication Errors: Wrong doses, missed medications, or over-medication.
- Unanswered Call Lights: Staff ignoring or taking an unreasonable amount of time to respond to a resident's request for help.
If you have seen any of these signs, your suspicions are valid, and you need to take action.
Your Legal Rights: The Power of EADACPACalifornia has one of the strongest elder protection laws in the nation: the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
This law was created specifically to protect seniors and dependent adults from abuse and neglect. What makes EADACPA so powerful is that it goes beyond just covering medical bills. If a jury finds that a facility is guilty of "reckless neglect" (a higher standard than simple carelessness), the law allows a victim or their family to recover:
- Damages for the resident's pain and suffering, and for the family
- Potential attorney's fees and legal costs.
- In some cases, punitive damages (designed to punish the facility).
This law gives families like yours real leverage to fight back against large nursing home corporations and their insurance companies.
Immediate Steps to Take if You Suspect NeglectYour loved one's safety is the number one priority.
- Address Immediate Danger: If you believe your loved one is in immediate physical danger or so severely ill or injured that medical help is necessary, call 911.
- Report to the Facility: Voice your concerns clearly to the Director of Nursing or the facility Administrator. Put your complaint in writing (email is fine) to create a paper trail.
- File an Official Complaint: You must report the neglect to outside agencies.
- California Department of Public Health (CDPH): This agency licenses nursing homes and investigates complaints. You can file a complaint with the San Bernardino District Office.
- Long-Term Care Ombudsman: This is a state-funded advocate for residents. The San Bernardino County Ombudsman program is a vital, free resource.
- Document Everything: Take photos (with your phone) of any injuries, hygiene issues, or unsafe conditions. Write down dates, times, and the names of staff members you spoke with.
- Contact a Nursing Home Neglect Lawyer in San Bernardino: Do not wait for the facility or the state to complete their investigation. You need an advocate on your side now.
Filing a lawsuit is a complex process. The nursing home's insurance company will have a team of lawyers dedicated to minimizing or denying your claim. A skilled San Bernardino nursing home lawyer levels the playing field.
At Nursing Home Law Group, our job is to:
Investigate Immediately: We will gather all medical records, staffing logs, and facility incident reports.
- Hire Experts: We work with medical experts and nursing specialists to prove that the facility's actions (or inactions) directly caused your loved one's injuries.
- Handle All Communications: You can focus on your family while we handle the aggressive defense lawyers and insurance adjusters.
- Build Your Case: We will prove the facility was negligent and fight for the maximum compensation your family deserves.
For more than two decades, Nursing Home Law Group has dedicated its practice to one thing: representing victims of nursing home and assisted living neglect across California. We have handled countless cases in San Bernardino County and the Inland Empire.
When you hire us, you get a dedicated San Bernardino nursing home attorney who will treat your family with compassion and your case with the aggressive representation it deserves. We understand that this is not just about money; it is about accountability and ensuring this does not happen to another family.
Take the First Step Today: Free ConsultationYou do not have to fight this battle alone. Contact Nursing Home Law Group today for a free, confidential, and compassionate consultation.
We will listen to your story, review the facts of your case, and explain your options in plain English. We work on a contingency fee basis, which means you pay absolutely nothing unless we win your case.
Call us or fill out our online form to speak with a dedicated San Bernardino nursing home lawyer now. Let us help you get the justice your family deserves.
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