Holding Orange County Care Facilities Accountable: Wrongful Death Claims for Abuse and Neglect

The decision to entrust the care of an elderly loved one to a nursing home or assisted living facility in Orange County is one built on hope and trust. Families expect a safe, compassionate environment where their relatives will receive the dedicated care they need. Tragically, this trust is sometimes shattered by negligence, abuse, or neglect, leading to the untimely and wrongful death of a resident. If your family is grappling with such a devastating loss, our Orange County wrongful death lawyers are here to help you seek justice and accountability.

With over two decades of dedicated experience, our wrongful death attorneys have been tirelessly representing residents and their families across Orange County. We understand the profound grief and anger that accompanies such a loss and are committed to holding negligent facilities responsible for their actions.

A wrongful death claim arises when an individual's death is caused by the wrongful act, neglect, or default of another party, including a nursing home or assisted living facility. In Orange County, these heartbreaking situations can stem from various forms of misconduct:

• Pervasive Neglect: This is a tragically common factor and can manifest in numerous ways, directly violating the standard of care owed to residents. Examples include:
  • Fatal Falls: Failure to implement and follow fall prevention protocols for at-risk residents in facilities can lead to falls causing deadly head injuries or hip fractures. Taking appropriate action after being rated as a high fall risk is crucial.
  • Infected Bedsores (Pressure Ulcers): When immobile residents are not diligently repositioned or provided with proper skin care, painful bed sores can develop. These sores can become severely infected and lead to death.
  • Malnutrition and Dehydration: Staffing shortages or inattentive care can result in residents receiving inadequate nutrition or hydration, leading to organ failure, weakened immunity, and death.
  • Medication Errors: Administering the wrong medication, incorrect dosages, missed doses, or unauthorized chemical restraints can have catastrophic and fatal consequences.
  • Failure to Respond to Medical Needs: Ignoring or delaying necessary medical attention when a resident shows clear signs of declining health, infection, or distress.
  • Physical Abuse: Acts of violence, improper use of restraints, or rough handling by staff can result in direct fatal injuries or complications.

California has strong legal protections for elderly and dependent adults. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welfare and Institutions Code § 15600 et seq.) is a critical piece of legislation. EADACPA defines abuse broadly to include physical abuse, neglect, financial abuse, abandonment, isolation, and other treatments that result in harm, pain, or mental suffering. Crucially, neglect includes the failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

When a facility's conduct is found to be reckless, oppressive, fraudulent, or malicious in causing harm or death, EADACPA allows for enhanced remedies. These can include not only economic damages (like medical and funeral expenses) but also attorneys' fees and costs.

In California, when a loved one dies due to the fault of a care facility, families typically have two primary legal avenues:

1. Wrongful Death Claim: This claim is brought by the decedent's heirs (as defined by California Code of Civil Procedure § 377.60), such as a surviving spouse, domestic partner, children, or other individuals who would inherit from the estate. The damages sought are for the losses suffered by the heirs themselves, including loss of love, companionship, comfort, care, society, and financial support, as well as funeral and burial expenses.
2. Survival Action: California law, specifically Code of Civil Procedure § 377.30, allows the decedent's own legal claims for injuries they suffered before death to survive and be brought by their personal representative or successor in interest (often the estate). This is profoundly important. Under EADACPA, and as clarified by laws like California Code of Civil Procedure § 377.34 (which allows for the recovery of pre-death pain, suffering, and disfigurement in certain actions, particularly those filed after January 1, 2022, or meeting specific criteria before that date), the estate can pursue damages for the pain, suffering, and disfigurement the elder endured as a result of the abuse or neglect prior to their death. This ability to claim damages for the decedent’s own suffering is a vital component of achieving full justice.

Navigating the interplay between wrongful death and survival actions, and ensuring all available damages are pursued, requires the skill of experienced elder abuse attorneys.

For over 20 years, the Southern California Nursing Home Law Group has been a dedicated advocate for the vulnerable residents of Orange County and their families.

• Decades of Focused Experience: Our practice is laser-focused on elder abuse and neglect litigation. This singular dedication provides us with an unparalleled understanding of the complex regulations, medical issues, and legal strategies essential for success.
• A Legacy of Success in Orange County: We have a proven history of securing significant settlements and verdicts for families impacted by nursing home and assisted living facility negligence.
• No Fees Unless We Win: We represent our clients on a contingency fee basis. This means you pay no upfront costs, and we only earn a fee if we successfully recover compensation for you. This ensures access to justice for all families, regardless of their financial situation.
• Free, Confidential Consultations: We offer free, no-obligation consultations to discuss the specific circumstances of your loved one’s death. We will listen with compassion, explain your legal options, and answer your questions.
• Compassionate and Client-Centered: We recognize the immense emotional pain our clients are enduring. Our team approaches each case with sensitivity, providing supportive guidance throughout the legal process.

If your loved one died under suspicious circumstances in an Orange County nursing home or assisted living facility, and you suspect abuse or neglect was a factor, do not hesitate. Strict time limits (statutes of limitations) apply to filing these claims.

Contact the Southern California Nursing Home Law Group today for a free, confidential consultation to discuss your Orange County nursing home wrongful death case. Allow our experienced and compassionate attorneys to investigate your concerns and fight for the justice and dignity your loved one deserved.