California Nursing Home Sued For Discharging Resident Illegally

photo of worker hurt on job

There are many forms of nursing home abuse that may take place in a California long-term care facility. Physical abuse, mental abuse and sexual abuse are three that residents should never be exposed to. Facilities are inspected for violations that lead to harm, but sometimes, fines are not enough to force compliance.

According to a recently filed lawsuit against a California nursing home, a resident was neglected, abused and sexually harassed during her time at the facility. Not only that, she claims she was discharged without adequate notice and without a plan for continuing care. This last action is not an isolated incident, as the California Department of Public Health has issued three citations to the nursing home in 2017 for the same infraction.

Before a California nursing home can discharge a resident, it must give a 30-day notice along with the exact date that the discharge will occur. This provides the resident or his or her family member to appeal the discharge or find a new living situation. The facility must make sure that the resident has a safe place to go, and that the new location has the ability to accommodate the resident’s health needs. The transfer must be “safe and orderly.”

When an elderly person sustains an injury, or psychological or emotional harm because of abuse or neglect at a nursing home, family members may be able to hold the responsible parties liable for the ensuing medical bills and pain and suffering. Many people seek the assistance of an attorney in filing a claim against a long-term care facility.

Source: Fresno Bee, “This nursing home sent her back home where cockroaches and maggots had attacked her,” Barbara Anderson, Nov. 3, 2017

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