Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
Selecting the perfect nursing home in California isn’t just a decision; it’s a journey toward ensuring a happy and healthy life for your loved ones. Imagine this: every year, over 400,000 Californians find a new home in various long-term care facilities. That’s a whole lot of people making one of the most important choices for their family members!
Now, we know that diving into the world of nursing homes can feel overwhelming. It’s not just about finding a place; it’s about discovering a second home where care, respect, and love are part of the daily routine. This is why doing your homework matters. It’s about peeking behind the curtains to see if a facility really lives up to its promises.
At Peck Law Group, we’re not just experts in nursing home care; we’re passionate advocates for your peace of mind. We’ve crafted this guide to help you navigate the waters of choosing skilled care, ensuring your decision is as informed as it is heartfelt. Because when it comes to the well-being of those you cherish, settling for anything less than the best just isn’t an option.
Six Essential Considerations for Choosing the Best Nursing Home in California
When it comes to choosing a nursing home in the Golden State, there are a few key ingredients that make up the perfect recipe for quality care. Here’s a mix of essential factors to consider, served up in a blend of friendly advice and practical tips:
Quality of Medical Care: First things first, the health of your loved one is paramount. Look for a facility with a stellar reputation for medical care. Does the nursing home have qualified nurses and doctors on call? Are medical conditions like diabetes or heart disease managed with expertise and compassion? It’s not just about having medical staff; it’s about having the right medical staff.
Staff-to-Resident Ratio: This is a biggie. You want to ensure that your loved one won’t just be another face in the crowd. A lower staff-to-resident ratio means more personalized care and attention. It’s the difference between feeling like a valued individual and just another number.
Activities and Engagement: Let’s talk about life beyond the medical chart. Does the nursing home buzz with activities? Are there opportunities for social interaction, hobbies, and entertainment? A great nursing home should feel like a vibrant community, not a waiting room.
Facility Cleanliness and Safety: Take a tour and trust your senses. Does the place feel clean and well-maintained? Are safety measures like handrails and emergency response systems in place? A clean and safe environment is a non-negotiable for peace of mind.
Legal History and Reputation: Now, let’s talk legal. It’s essential to dig a little into the nursing home’s past. Have they been on the wrong side of a lawsuit? Is there a history of neglect or abuse? A clean legal slate often speaks volumes about the facility’s standards and ethics. It’s about ensuring that the place you choose not only looks good on paper but also upholds the highest standards in practice.
Family Involvement and Communication: Last but not least, how does the nursing home keep the family in the loop? Regular updates and open lines of communication are crucial. After all, you’re part of the team.
Final Thoughts
If you or your loved one is currently in a facility that falls short of providing the standard of care expected, or worse, has caused harm through neglect or abuse, it’s crucial to take action. Remember, at Peck Law Group, we have extensive experience with nursing homes across California.
We understand the challenges and the pain that come with realizing a trusted facility has failed in its duty of care. Our team is dedicated to helping you navigate these difficult situations. We’re here not just to assist in making informed choices about future care, but also to ensure that justice is served for any wrongdoing experienced in the past.
We trust nursing homes with the care of our loved ones when they are at their most vulnerable. Unfortunately, not all nursing homes live up to the standards of physical or emotional care their residents need and deserve. Nursing home abuse occurs in many shapes and sizes. Physical abuse in nursing homes can cause broken necks and other serious injuries.
If you or a loved one has suffered from a broken neck while in the care of a California nursing home, you may be entitled to compensation. Call Peck Law Group 866-999-9085 or fill out our online form to learn about your legal options.
Identifying a Broken Neck
A broken neck, also called a cervical spine fracture, occurs when one or more vertebrae in the neck are fractured, cracked, or dislocated. The spinal cord or other nerves may be affected. Broken necks can be life-threatening and require immediate medical attention.
Signs and symptoms of a broken neck may include:
Severe neck pain.
Limited range of motion, including difficulty turning the head or looking up and down.
Numbness, weakness or “pins and needles” sensations in the arms, hands, legs, or feet.
Muscle spasms in the neck or other parts of the body
Loss of bladder or bowel control.
Headaches.
Difficulty breathing.
Paralysis.
Not all broken necks that occur in nursing homes are caused by abuse. In incidents of broken necks caused by nursing home abuse, the perpetrator is typically an employee of the facility or a fellow resident.
What to Do If Your Loved One Has Suffered a Broken Neck Due to Nursing Home Abuse
Seek Medical Attention. Any potential neck injury should be taken seriously and treated promptly. In some cases, a resident may not be able to communicate their pain. Pay attention to physical signs of injury, and assume every neck injury is serious until a doctor determines otherwise.
Protect the Victim. If you suspect your loved one has suffered abuse in a nursing home, ensure they will not come into contact with their abuser. Consider transferring facilities. If you do not transfer facilities, talk with the nursing home management to ensure the abuser will be separated from the victim and discuss other protections in place.
Report the Abuse. Incidents of nursing home abuse should be reported to the nursing home management, law enforcement, and Adult Protective Services.
Document Everything. Gather evidence to support your case. Take photos of the injuries, save all relevant written communication with the nursing home, and hang on to your medical receipts. It may be helpful to take notes on your loved one’s account of the abuse.
Consult an Attorney. An experienced lawyer who specializes in nursing home abuse cases will be the greatest asset to your case. An attorney can help you file a personal injury lawsuit against the nursing home and any individuals responsible for the abuse.
Your Nursing Home Abuse Lawyers
Peck Law Group has decades of experience fighting for nursing home abuse victims and a proven track record of success. From offices in Los Angeles, Sacramento, San Diego, and Palm Desert, we serve clients throughout all of California.
Elder abuse is a devastating reality for as many as one in 10 Americans age 60 or older. Of the estimated 6 million elder abuse cases in the U.S. each year, California accounts for a staggering 10.6%.
Unfortunately, elder abuse is also massively underreported, with approximately just 1 in 24 cases being reported. For California victims whose abuse is reported, justice can be served and abusers can be held accountable in the courtroom.
A free case evaluation from the Peck Law Group can help you understand your legal options and the next steps toward compensation. Call 866-999-9085 or fill out our online form to request your no-charge, no-obligation case evaluation.
Peck Law Group specializes in personal injury cases including nursing home abuse, assisted living abuse, and general elder abuse. Our award-winning law firm represents clients in Los Angeles, San Diego, the San Francisco Bay Area, Sacramento, and all other California communities.
Table of Contents
Who Commits Elder Abuse and Why
Almost all elder abuse occurs at the hands of the victims’ caregivers. While many people assume that abuse is more common in long-term care facilities like nursing homes, nearly 60% of elder abuse is actually committed by family members – primarily adult children or spouses.
There are many different reasons that family members abuse elders. While there is no excuse for abusing an elderly person, contributing factors can include frustration or stress due to the burden of caregiving, resentment, financial stress, greed, and just plain carelessness.
Elder abuse is also perpetrated by third-party caregivers, such as in-home service providers, hospital staff, or staff in nursing homes and assisted living facilities. When abuse occurs in a hospital or long-term care facility, some contributing factors may be low-quality care, poor facility management, short staffing, improper hiring and training practices, lack of staff supervision, underpaid staff, or staff frustration.
Unfortunately, in many cases, the question of “why” an elder was abused is never answered. As the Baby Boomers age and increasing strain is placed on families and the long-term residential care industry, incidents of elder abuse will only continue to rise.
Types of Elder Abuse and Signs to Watch For
Elder abuse can happen in the home, in the hospital, in a long-term care facility, or elsewhere. The National Center on Elder Abuse divides elder abuse into seven categories.
In some cases, the victim is able to report that they have been physically abused, but unfortunately power dynamics and mental or physical disability often prevent elderly victims from reporting abuse. In these cases, loved ones may try to piece the puzzle together themselves.
Physical Abuse
Elderly physical abuse includes force such as striking, beating, pushing, shaking, or kicking that may cause injury, pain, or impairment. It can also include inappropriate use of drugs or restraints, force-feeding, or physical punishments.
Warning signs of physical abuse:
Bruises, welts, wounds, cuts, or other injuries in various stages of healing
Broken bones, sprains, or dislocation
Broken teeth
Broken eyeglasses
Change in behavior
Victim and caregiver relaying conflicting accounts of events
Sexual Abuse
Elderly sexual abuse includes any and all non-consensual sexual contact with an elderly person or individual who is legally unable to consent. This can range from unwanted touching or explicit photographing to coerced nudity, sodomy, or rape.
Warning signs of sexual abuse to an elderly person:
Unexplained sexually transmitted infections or diseases
Vaginal or anal bleeding
Trouble walking or sitting
Bruising around the chest or genitals
Torn, stained or bloody clothing
Withdrawal or other changes in behavior
Emotional or Psychological Abuse
Emotional or psychological abuse of an elderly person occurs when anguish, pain, or distress is inflicted.
This abuse can be verbal or nonverbal and can include insults, degradation, making threats, intimidation, and other verbal assaults.
Forced social isolation or seclusion from friends and family can also be considered emotional or psychological abuse.
Warning signs of emotional or psychological abuse:
Sadness
Agitation
Withdrawal or being non-communicative
Self-soothing behaviors such as rocking or sucking
Elderly person looking to caregiver before speaking or otherwise not allowed to speak for him or herself
Caregiver preventing visits with the elderly person
Caregiver preventing the elderly person from receiving mail, telephone calls, or other communication
Caregiver placing unnecessary restrictions on activities
Elder Neglect
Neglect is the refusal or failure to meet an elderly person’s needs or fulfill obligations or duties to an elderly person.
Most often, neglect refers to refusal or failure to meet a person’s physical needs, such as food, water, shelter, clothing, hygiene, medical treatment, and other necessities.
Neglect can also include when a person with financial responsibility for the elderly person refuses or fails to pay for necessary care or treatment.
Warning signs of neglect:
Untreated health conditions
Poor nutrition
Dehydration
Poor hygiene
Bed sores
Hazardous or unsafe living conditions, such as living without heat, electricity or running water
Unsanitary or filthy living conditions, such as bed bugs, fecal/urine smell, soiled clothing or bedding
Senior Abandonment
Abandonment is the purposeful desertion of an elderly person by someone who was responsible for providing their care.
Elders are most often abandoned at hospitals, but are sometimes left in other public locations by relatives or other caregivers. When a nursing home or other care facility abandons an elderly person, this is referred to as “patient dumping” or “involuntary discharge.”
Often, in patient dumping, an elderly resident is transferred from a nursing home to a hospital for acute care, and then the nursing home reassigns their room or bed and refuses to take the resident back after hospital discharge.
In California, residential care facilities must hold a resident’s bed for up to seven days if that resident is transferred to a hospital.
Warning signs of possible abandonment:
Encountering an elderly person who is alone and appears lost, confused, or frightened
Sudden loss of contact with a loved one
Malnourishment
Dehydration
Poor hygiene or other indications of lack of care
Financial or Material Exploitation
Financial or material exploitation is the illegal or improper use of an elderly person’s finances, property, or other assets. This category of abuse encompasses a wide range of crimes, including forging the elderly person’s signature, coercing or deceiving them to sign a document or hand over funds, mishandling of Social Security or other assistance, stealing, and more.
Warning signs of financial or material exploitation:
Missing funds or other changes in banking behavior, such as large withdrawals made in the presence of a caregiver
Unauthorized ATM withdrawals
Sudden transfer of funds or assets
Sudden changes in wills, life insurance, or other estate planning documents
Disappearance of money or valuables
Previously uninvolved relatives coming out of the woodwork to assert claims over financial affairs
Caregivers with gambling or substance abuse issues
Elderly Self-Neglect
Self-neglect occurs when an elderly person refuses or fails to meet their own basic needs and this behavior threatens their own health or safety.
Warning signs of self-neglect:
Lack of food, water, housing, or other necessities
Untreated health conditions
Inadequate or inappropriate clothing
Poor personal hygiene
Hazardous, unsafe, or unsanitary living conditions
According to California Penal Code
For a more technical definition of elder abuse, turn to the California Penal Code. Criminal elder abuse can fall into several different sections of the code, with the most encompassing being Penal Code § 368: Crimes Against Elders, Dependent Adults, and Persons with Disabilities. This section is broken down into several different categories:
§ 368(b): Abuse of Elders and Dependent Adults – Likely to Produce Great Bodily Harm or Death
§ 368(c): Abuse of Elders and Dependent Adults – Not Likely to Produce Great Bodily Harm or Death
§ 368(d): Financial Abuse of Elders and Dependent Adults – Non-Caretaker
§ 368(e): Financial Abuse of Elders and Dependent Adults – Caretaker
Charges and penalties can vary widely between these different categories. Minimum and maximum sentencing depends on a variety of circumstances, including the type of abuse, victim’s age, whether or not the perpetrator was a caregiver to the elderly person, whether the circumstances or conditions resulted in death, and the value of the property taken in financial abuse cases.
One key piece to remember is that elder abuse must be knowing, intentional or negligent.
In both § 368(b) and § 368(c), the abuser “willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering,” or, with the elderly or dependent adult in their care or custody, “willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.”
The key difference between these two charges is whether or not the act was likely to produce great bodily harm or death. If great bodily harm or death occurred or was likely, the charge can range from a misdemeanor with a penalty of one year in county jail and/or a $6,000 fine all the way up to a felony charge that carries up to 11 years in prison.
On the other hand, if great bodily harm or death was not likely, the charge is a misdemeanor with a maximum sentence of 6 months in county jail and/or a $1,000 fine.
§ 368(d) and § 368(e) both relate to theft, fraud, identity theft, forgery or embezzlement. The difference between these two categories is whether or not the perpetrator was a caretaker to the elderly person. However, the penalty for both can range from one year in county jail and/or a $1,000 fine all the way up to 4 years in county jail and/or a $10,000 fine, depending on the value of the property taken.
Depending on the nature of your or your loved one’s abuse, other relevant sections of California law may include those related to murder, sexual crimes or health care facility violations.
How Peck Law Group Can Help
Peck Law Group’s nursing home abuse attorneys are committed to fighting for California victims of elder abuse and the compensation they deserve. With more than 50 years of combined experience and millions of dollars recovered in damages, you can place your confidence in us.
We offer free case evaluations. In fact, we work on a contingency basis, so you won’t pay a dime for our representation until you receive your compensation. Reach out at 866-999-9085 or premierlegal.org/evaluation/ to get started.
Elder Abuse FAQs
How can I report suspected elder abuse in California?
If an elderly person is in immediate danger, contact 911 first. Adult Protective Services has an agency in each California County that works to protect adults 60 or older and dependent adults with disabilities age 18 or older. Reports of abuse occurring at home, in a hospital, or in the community can be made 24 hours a day, 7 days a week at 1-833-401-0832. If the abuse occurred in a licensed care facility, such as a nursing home, assisted living facility, rehabilitation center, or adult day program, you can contact the Long-Term Care Ombudsman CRISISline at 1-800-231-4024. The CRISISline is available 24 hours a day, 7 days a week.
How can I spot an abusive caregiver?
Some possible signs of an abusive caregiver can include: Indifference, annoyance, or anger toward the elderly person Providing conflicting versions of events or explanations of injuries Preventing visitors from being alone with the elderly person or cutting off communication Flirtatious behavior toward with the elder A history of mental illness, substance abuse, domestic violence, or other criminal behavior
Is elder abuse a misdemeanor or a felony?
Depending on the type of abuse and other factors, elder abuse can be charged as either a misdemeanor or a felony.
How long will an elder abuse lawsuit take?
Each case is unique, and different counties’ courts move at different speeds. Typically, the litigation process for elder abuse cases takes about 9-18 months in California.
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