Ventura County Nursing Home Abuse & Neglect Lawyers
Ventura County is home to 20 skilled nursing facilities and over 50 assisted living facilities. The difference between the two is the level of care provided. Skilled facilities (aka “nursing homes”) are allowed to provide certain levels of medical care, which assisted living facilities are not. What they have in common is that they both can be held liable for elder neglect under California law.Types of Actionable Neglect
A case of elder neglect or abuse against a nursing home and assisted living facility can arise when the care providers fail to provide the level of care the elderly resident’s health demands. And while no two cases for nursing home abuse or neglect are identical, our Ventura County nursing home neglect lawyers have found that they arise under some general broad categories.
Preventable Falls – Any fall in a nursing home or assisted living facility can be devastating. We have handled dozens of cases involving falls that cause serious injury such as a femur or hip fracture, or a head injury. Most of our fall-related cases have led to wrongful death. And though a single fall, by itself, might not be deemed neglect or abuse, it should always be investigated. It is the responsibility of the nursing facility to assess the patient’s risk for falling, and then for residents who are deemed to be at risk, take proper precautions to prevent falls. A failure to do this may constitute actionable neglect.
Bed Sores or Pressure Ulcers – The breakdown of skin is always a risk for elderly individuals who spend most of their day in bed. Nursing home know this, which is why they are required to provide incoming residents a skin breakdown risk assessment and take action to prevent bed sores from developing. We have handled many cases involving Stage IV bed sores (aka decubitus ulcers), which more often than not develop on the coccyx, buttocks, or heels. Once there is an open sore, the resident must be closely monitored and treated by a qualified nurse, and treatment must be provided to prevent worsening. A failure to address it is neglect.
Failure or Delay in Calling a Doctor – It is remarkable how often nursing home staff resist calling a doctor (or transporting to the hospital) and resident who is in obvious distress. Under the circumstances, time is of the essence, and delay can (and often does) mean death. Paid caregivers are paid to provide care, and part of that responsibility is to obtain appropriate medical care when necessary.
Malnutrition or Dehydration – A failure to provide sufficient food and drink for an elderly patient can lead to very serious health problems, including severe weight loss, infection, skin breakdown, kidney failure and general sickness. A failure to provide adequate nutrition and hydration to a person who needs it is neglect, always.
Physical or Sexual Abuse – Assault of a nursing home resident, whether by caregivers, visitors, or fellow residents, is prima facie abuse.California Elder Neglect Law
Within California’s Welfare and Institutions Code is a chapter entitled the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which was passed approximately 30 years ago after years of complaints that California seniors were being neglected in 24-hour nursing facilities. EADACPA defines “elder abuse” as “physical abuse, neglect, abandonment, isolation, abduction, or other treatment that results in harm, pain or mental suffering. It can also mean the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”
The law set out to provide legal remedies to seniors (age 65+) and dependent adults (age 18-64) who have been subject to neglect or physical abuse while under professional care. Our Ventura County elder abuse lawyers have many years of experience litigating elder neglect cases under this law.Fighting for Nursing Home Justice
For over two decades, our Ventura nursing home lawyers at the Southern California Nursing Home Law Group have been fighting for justice for residents who have suffered at the hands of nursing home or assisted living caregivers. We have brought lawsuits against many Ventura nursing homes and have recovered millions of dollars for victims and their families. We have a deep understanding of California elder abuse laws, stay up to date, and are highly rated. We are also well-known in the nursing home legal community.Ventura Elder Abuse Resources
Ventura County has a variety of governmental agencies, and non-governmental agencies with services to help the senior population. Below, are links to a few.
Ombudsman. The Ventura County Ombudsman Program has a mission is to assure the highest quality of life and care possible for our residents in long term care facilities throughout Ventura County. It can be reached by calling (805) 656-1986
Adult Protective Services. For serious and immediate concerns about the safety or wellbeing of an elderly Ventura County resident please call Adult Protective Services at (805) 654-3200.
California Department of Public Health. For complaints about the care being provided by a nursing home (skilled nursing facility), contact the Ventura County office of the California Department of Public Health at (805) 604-2926.
California Department of Social Services. For complaints against a residential care facility for the elderly (or assisted living), contact the local office of the California Department of Social Services. The local office of CDSS can be contacted at 1 (844) 538-8766.Request a Free Consultation
To learn whether your situation merits legal action under the law, give one of our Ventura nursing home negligence lawyers a call. Our attorneys never charge a fee to discuss and can let you know whether you have a case that supports a legal action and a pursuit of justice. Call anytime to (866) 607-1325 or complete our online questionnaire.