When we send our elderly loved ones to nursing homes, we expect them to receive the utmost in exceptional care. While this is most often the case, many studies suggest that some elderly are receiving less-than-standard treatment or are even experiencing abuse. Recently, there have been several cases in California and across the United States that indicate a high level of nursing home abuse or neglect.
If you have a loved one currently residing in a nursing home in California, you want to make sure you understand the current nursing home laws in order to ensure that they are receiving the best possible care. Nursing home neglect and elder abuse are becoming increasingly more prevalent in the US so the more people that know the laws the more likely it is to stem the problem.
How The Laws Help
In California, all nursing home facilities are regulated by the California Department of Public Health, Licensing and Certification Division. The purpose of the CDPH and other related agencies is to ensure that health care facilities are complying with state laws and regulations regarding health care and to avoid any neglect or abuse.
There are several basic requirements to keep in mind that California law requires of its nursing homes.
These requirements include, but are not limited to:
- The nursing home must meet Title 22 licensing requirements;
- The patient must receive the appropriate amount of care to maintain physical and mental well-being;
- The patient must maintain his or her health or improve while in treatment; and
- The patient must feel it is his or her choice in terms of what treatments they receive.
With all of this said, the CDPH and the laws they are meant to uphold are not all-encompassing and some things do fall through the cracks. When this is the case, and it leads to elder abuse or neglect, the victim may be entitled to punitive damages under California Law. A personal injury lawyer would be the person to contact if this occurs. If you or someone you know has experienced or is currently experiencing nursing home neglect or elder abuse give Glen Lerner Injury Attorneys a call at (323) REAR END.