Orange County Nursing Home Abuse & Neglect Lawyers
Orange County is home to 75 skilled nursing facilities (nursing homes) and over 250 residential care facilities for the elderly (assisted living) serving over thousands of Orange County residents every year. Most of these care facilities provide decent care to their elderly residents, but too often residents are injured or killed by negligent or untrained care providers.
While nursing home neglect can occur in a variety of circumstances, it frequently arises when caregivers fail to take proper interventions to prevent falls or bedsores, or who do not appreciate the decline in the resident’s health after a change in condition. In fewer, but more serious cases, the elderly resident is physically or sexually abused.Getting Justice for Nursing Home Abuse Victims
The Orange County nursing home neglect attorneys at the Southern California Nursing Home Law Group are a handful of lawyers that bring lawsuits against nursing homes and assisted living facilities for the abuse or neglect of their residents. The have sued hundreds of facilities in every Southern California county and have obtained millions of dollars for their clients. With over 20 years of experience, these elder abuse attorneys have a deep understanding of California’s elder abuse laws, and the respect of the elder care industry.Nursing Homes vs. Assisted Living Facilities
The vast majority of custodial care provided to Orange County seniors is provided either in a skilled nursing facility (“nursing home”) or in a resident care facility for the elderly (“assisted living”). While they both are in the business of provided 24-hour care for their residents, they are licensed to provide vastly different services.
Skilled nursing facilities are considered to be healthcare providers and allowed to provide a variety of medical services such as physical and occupational therapy, medication therapies, and 24/7 nursing care. These nursing facilities accept Medicare and Medi-Cal, as well as private insurance. These are the places seniors go for rehabilitation after a hospital stay.
Assisted living facilities, on the other hand, are not licensed as healthcare providers, and are limited on the types of health-related services they can provide. These assisted living facilities do just that "assist" people who are generally able to care for themselves. Assistance is typically provided for bathing, eating, hygiene, and help with medications and mobility. Residents in these facilities usually can walk and stand independently. In California, the vast majority of assist living is private pay and not covered by insurance or Medicare or Medi-Cal.California’s Elder Abuse Act
California has a body of law called the Elder Abuse and Dependent Adult Civil Protection Act (“Elder Abuse Act”) that outlines what kinds of cases Orange County nursing home abuse lawyer can bring for elder abuse and neglect. Under the Elder Abuse Act, Under EADACPA, elder abuse is defined as “physical abuse, neglect, abandonment, isolation, abduction, or other treatment that results in harm, pain or mental suffering.” Here is how California law breaks it down:
- Negligence: Conduct by caregivers that falls below the “recognized standard of care” resulting in injury, illness, or death to the resident. Negligent conduct by itself is enough to bring a lawsuit against a nursing facility.
- Physical Abuse: Any intentional infliction of injury or physical pain upon the person is physical abuse, including sexual assault or molestation.
- Neglect: When a caregiver fails to protect an elder or dependent adult from health and safety hazards, that is broadly considered “neglect.” Neglect occurs when a caregiver fails to provide the care and treatment necessary for a patient to maintain good health.
Our Orange County nursing home neglect lawyers have seen neglect and abuse arise under a variety of circumstances, but are most frequently seen in instances of falls that cause injury, bed sores and skin wounds, and the failure to obtain appropriate medical care when the resident obviously needs it.Orange County Elder Neglect & Abuse Legal Resources
Orange County Adult Protective Services. 800-451-5155 (24-hour hotline)
Adult Protective Services. For immediate concerns about the health or wellbeing of an elderly Orange County resident, call Adult Protective Services at (800) 451-5155.
California Department of Public Health. For complaints about a skill nursing facility, or to obtain a complaint history, contact the Orange County office of the California Department of Public Health. The local office of CDPH can be reached at (800) 228-5243.
Ombudsman. The phone number of the Orange County Ombudsman Office can be obtained by calling (800) 231-4024.
California Department of Social Services. For complaints against an assisted living facility, contact the local office of the California Department of Social Services. The local office of CDSS can be contacted at (714) 703-2840.Request a Free Consultation With an Experienced Orange County Elder Abuse Attorneys
If you have a loved one that you believe has been subject to neglect in the nursing home or assisted living (or board and care) setting, we would be happy to talk to you and explain your rights under California law. Feel free to call the Southern California Nursing Home Law Group anytime at (866) 607-1325 or complete our online questionnaire. Our nursing home lawyers are ready to talk.