A nursing home should provide care that ensures the comfort, safety, and dignity of residents. California law protects residents from being denied proper medical care, unnecessarily restrained, left hungry or dehydrated, financially exploited, and more. Lanzone Morgan, LLP, is here to help whenever these rights are threatened.
Common Nursing Home Violations You Should Know About
Nursing homes must respect residents’ rights and provide safe, humane care. Facilities cannot withhold medical treatment, block family visits without valid reasons, misuse restraints, ignore complaints, neglect nutrition or hydration, exploit residents financially, or discharge them improperly. Below, we outline these protections and provide guidance on how to identify the signs of substandard care at a nursing home.
Denying Proper Medical Care
California nursing home residents are entitled to timely and appropriate medical care to ensure their health and well-being are safeguarded. Examples of inadequate care include withholding prescribed medication, failing to follow individualized care plans, or neglecting to notify doctors about medical concerns. These lapses can cause serious health complications and may constitute neglect.
Restricting Family Visits Without Legal Justification
Nursing homes generally cannot block family visits, as residents have the right to maintain emotional connections and receive support from loved ones. Restrictions may be allowed only for legitimate health or safety reasons, and even then, they must be reasonable and clearly communicated. Unexplained or excessive limits on visits can indicate neglect or abuse and should be reported to ensure residents’ rights are protected.
Improper Use of Physical or Chemical Restraints
Using a device or substance to limit a nursing home resident’s movement for convenience or discipline violates state and federal restraint laws. The Nursing Home Reform Act of 1987 sharply restricted the use of physical and chemical restraints, allowing them only when medically necessary. Despite these protections, some facilities continue to use restraints for non-medical reasons.
Ignoring or Retaliating Against Complaints
Nursing home residents and their families have the right to voice concerns about care or living conditions without fear of retaliation or being ignored. Typical complaints involve inadequate personal care, medication errors, poor hygiene, unsafe or unsanitary living conditions, neglect, or abuse.
It is essential to document all reported issues, including details such as dates, times, and descriptions of incidents. These records can support future legal actions if problems persist.
Failing To Provide Adequate Nutrition and Hydration
Under state and federal laws, facilities are legally required to provide residents with sufficient food and fluids to maintain their health and ensure proper nutrition. Nursing home staff have a legal and ethical duty to watch for signs of dehydration and malnutrition. They must conduct regular nutrition assessments, provide balanced meals, monitor residents’ physical and cognitive abilities, and assist residents with physical challenges impacting eating and drinking.
Signs of malnutrition or dehydration include weight loss, dry skin or mouth, bedsores, slow-healing wounds, low blood sugar, electrolyte imbalances, and confusion. Families should pay attention to these warning signs and report concerns to staff promptly.
Financial Exploitation and Unauthorized Charges
Nursing home facilities cannot overcharge residents or access their funds unlawfully. Families should be alert to signs of financial abuse, which include unexplained withdrawals or charges, new names on accounts, sudden property transfers, and unpaid bills.
Some individuals may gain a resident’s trust and use coercion or manipulation to take money, property, or convince them to sign a power of attorney. Others may forge checks or steal a resident’s identity.
Discharging or Transferring Residents Without Proper Notice
A facility must notify the resident and their legal representative in writing before any transfer or discharge. The notice generally must be given at least 30 days in advance. However, some situations are exempt from the 30-day notice, such as when the resident requires an immediate transfer due to urgent medical needs.
Protected Rights That Define What Nursing Homes Cannot Do
Residents of California nursing homes have rights granted and enforced by both state and federal regulations, including the following:
- Protection against abuse: Residents have the right to be free from verbal, sexual, physical, and mental abuse.
- Freedom from restraints: Physical or chemical restraints can only be used by facilities for medical reasons and with proper consent.
- Transfer and discharge rights: Residents can only be transferred or discharged under specific conditions, provided they receive notice and have a safe plan in place.
- Visitor access: Residents can see visitors of their choice at times that respect others’ rights and do not interfere with their own health and safety.
- Advocacy support: Residents may contact advocates, including a long-term care ombudsman, to resolve complaints.
What Families Can Do if They Suspect a Violation
If families suspect a nursing home is violating a resident’s rights, they can take several steps to protect their loved one:
- Document concerns: Record dates, times, what happened, and who was involved.
- Contact facility management: Address issues directly and maintain a record of all conversations.
- File formal complaints: Report serious or ongoing problems to the California Department of Public Health or a local ombudsman.
- Seek legal guidance: Consult an experienced attorney to understand options and protect residents’ rights.
At Lanzone Morgan, LLP, our team of compassionate nursing home abuse attorneys can listen to your story, meet with your loved one, and guide you through the process of filing a nursing home abuse lawsuit. You may be eligible to recover substantial compensation.
“Our firm only represents residents of nursing homes, former residents, and their families. We are dedicated to representing the consumers and the victims of elder abuse. We are dedicated to holding nursing homes accountable and making sure that they provide quality care to their residents.”
James Morgan, Founding Partner
Lanzone Morgan Can Protect Your Loved One’s Rights
Lanzone Morgan, LLP, is one of the leading elder abuse law firms in the United States. Backed by decades of experience, we have a strong record of holding nursing homes accountable and helping injured residents and their families recover more than $250 million in compensation.
Our compassionate elder abuse lawyers represent clients across California, serving communities in Riverside, Los Angeles, San Bernardino, and surrounding areas. Contact us online or call 888-887-9777 today for a free consultation.