Liability for Nursing Home Abuse in California
A resident of a long-term care facility and their family members can file multiple complaints of abuse or neglect suffered by a resident at the same facility. The entities involved will establish how much money they can recover, what evidence they can review during litigation, and whether they can enforce a judgment.
The Facility and Its License Holder
The license holder of the facility is the most logical place to begin when bringing a Burbank nursing home abuse claim. The license holder is responsible for all actions taken by the employees during work hours and carries the obligation to provide the necessary care to each resident. Claims against a California license holder are predicated upon three different statutes:
- Elder Abuse and Dependent Adult Civil Protection Act;
- Title 22 of the California Administrative Code;
- Statutory Resident rights in terms of Health and Safety Code Section 1430
Neglect vs. Professional Negligence
In Covenant Care, Inc. v Superior Court, California Courts distinguished negligent professional practice from neglect under the Act. Neglect refers to repeated failures by a nursing facility to provide necessary care to a patient known to need it, rather than a single isolated act. A single missed medication dosage suggests negligence. Multiple instances of neglected wound treatment suggest neglect. The distinction matters because the additional remedies apply only to neglect.
Owners, Operators, and Management Companies
Nursing facilities in California often operate using layers. One entity will maintain licensure; a second will own the land upon which the facility sits; and a third will manage day-to-day operations. Each layer may contribute some aspect of establishing liability. Contracts relating to management responsibilities and financial documents such as budgets will help identify which party is responsible for established staffing levels. Most cases alleging neglect are successful or unsuccessful depending on staffing.
Parent Company Liability
Merely owning a subsidiary does not render a parent corporation liable. Rather, a Plaintiff must demonstrate that the parent company participated directly in decision-making processes related to events resulting in harm or exerted significant control over the subsidiary, rendering its separate corporate status irrelevant. Establishing such assertions will likely involve considerable discovery efforts.
Employees, Medical Professionals and Staffing Agencies
Individual caregivers and nurses involved in abuse can be individually named as defendants. Additionally, temporary staffing agencies, medical directors, and attending physicians may be sued individually where their individual acts contributed to the alleged abuse.
However, there are few viable options for collecting from individual defendants because of limited assets/cash flow or insurance coverage. As such, identifying and naming all relevant defendants should focus on the facility’s insurance policies and corporate structure.
Statute of Limitations and Arbitration Provisions
Ordinary professional negligence claims carry a one-year statute of limitations from the date of discovery. Claims brought pursuant to the Elder Abuse and Dependent Adult Civil Protection Act carry a two-year statute of limitations for physical abuse and neglect.
Before filing suit, review your original admission agreement for arbitration clauses requiring mediation/arbitration. Determining enforceability depends on whether you signed as an authorized representative for admission, what authorization you held at the time of signature, and whether signing was mandatory for admission.
Identify Potential Defendants Early
When staff turnover happens, charts get altered, and video surveillance is regularly deleted or overwritten, documentary evidence connected to allegations of abuse or neglect disappears rapidly. Request all relevant documentary evidence immediately and consult with an experienced elder abuse attorney later.