Holding Nursing Home Accountable for Abuse
In the state of California, the law holds anyone who cares for senior citizens in a nursing home or assisted living center to a high standard. Nursing homes and assisted living facilities must provide a high level of care for their patients and residents.
These facilities must also prevent any type of elder abuse or neglect from occurring. When they fail to do this, they can be held responsible. Welfare & Institutions Code § 15600 et seq. is the California elder abuse law.
It is the law that outlines the:
- Definitions
- Penalties
- And consequences for elder abuse and neglect
What Should You Do if You Suspect Elder Abuse?
Do you suspect that your loved one is suffering from elder abuse or neglect in a nursing home or assisted living facility? Report the incident of abuse to the authorities and call an experienced San Jose nursing home abuse attorney.
Your attorney will investigate the abuse and help you protect your loved one from future harm. They will then build a case to hold negligent and abusive institutions and caregivers accountable for the harm they have caused.
Is There An Elder Abuse Statute of Limitations in California?
Under California law, families have a limited amount of time to file an elder abuse and/or elder neglect claim in civil court. California’s elder abuse statute of limitations means that you only have two years to file such a claim in civil court against a non-public entity or individual.
If you miss this deadline, you may lose your chance to file such a claim for damages. Moreover, other potentially related causes of action may have shorter deadlines to file. Because there are many different potential deadlines to consider, you should speak to an attorney as soon as possible.
In most cases, the clock starts on the date of the injury or when you recognized the abuse was occurring. This is often difficult to determine since most abuse cases do not involve one singular incident. In addition, many seniors suffer from cognitive impairment, which can further complicate these cases.
Elder abuse and neglect laws in California are often complex and difficult to navigate without the help of an experienced elder law attorney. Consider discussing your situation with our attorneys. We can help you to understand your best legal options and ensure you do not miss the statute of limitations to file a claim.
Contact Our San Jose Elder Abuse Lawyers Today
If you or a loved one suffered elder abuse or neglect in a Bay Area nursing home or assisted living facility, consider contacting our experienced elder abuse lawyers. We want to learn about your situation and help you protect your loved one from future harm. Schedule a free consultation with the team at Needham Kepner & Fish to discuss your potential case.
We can answer any legal questions you may have and are happy to review all your legal options. Call us at (408) 716-1668 or fill out our online contact form, and someone from our office will be in touch with you soon.