Quick Answer Nursing home negligence in California is any failure by a facility or its staff to meet the standard of care owed to residents — resulting in harm. Common forms include: understaffing that leads to preventable injuries, failure to prevent or treat pressure sores, medication errors, fall injuries from inadequate supervision, physical or chemical…
Continue reading ›Enhanced Remedies, Attorney’s Fees, Punitive Damages, and Real Settlement Ranges Under the EADACPA Quick Summary California elder abuse and nursing home settlements are among the highest-value personal injury claims because the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA, Welfare & Institutions Code § 15600 et seq.) provides enhanced remedies unavailable in standard negligence…
Continue reading ›As the population ages, more families are relying on nursing homes and assisted living facilities to care for their elderly loved ones. Unfortunately, not all nursing homes provide the safe and supportive environment that residents deserve. Nursing home abuse is a serious issue, and it can take many forms, including physical, emotional, and financial abuse,…
Continue reading ›Many companies, including nursing homes and residential care facilities, have patients sign arbitration agreements at the time of their intake. While these types of agreements purport to waive the patients’ right to pursue legal claims in court against the facilities, they are not always enforceable. In Nelson v. Dual Diagnosis Treatment Center, Inc., Cal. Ct.…
Continue reading ›In California medical malpractice lawsuits involving allegations of professional negligence, the state caps awards of non-economic damages at $250,000. However, when a lawsuit involves allegations of abuse while in the care of licensed professionals, there was previously a question about whether the damages cap applies or if instead noneconomic damages are unlimited under the Elder…
Continue reading ›Nursing home abuse in California is still a huge problem. By way of example: The case of an 88-year-old Sacramento, California woman found dead in 2013 after living in a residential nursing home was unbelievably tragic. According to press reports, the elderly woman had developed severe bedsores, triggering sepsis–a life-threatening bacterial infection–and ultimately her death.…
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