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NURSING HOME AND DEPENDENT ADULT ABUSE AND NEGLECT

Elderly people and dependent adults become the victims of abuse and neglect when nursing homes or dependent adult and assisted living facilities either intentionally injure them or fail to protect them from dangers that result in injury. According to the U.S. Department of Health and Human Services, the primary types of elder abuse and neglect involve emotional, physical, and verbal abuse and neglect, and financial abuse.

Most elder abuse and neglect occurs in understaffed and overcrowded long-term care facilities.  Frequently, elderly residents require assistance dealing with complex medical issues as well as daily personal needs. Unfortunately, caregivers often are overworked, underpaid, and poorly trained — conditions that create the opportunity for neglect and abuse to thrive.

Visit our separate Web site:

www.elderabusereport.com — More information on nursing home and elder abuse including additional resources, statistics and recent headlines.

Identifying Signs of Nursing Home or Dependent Adult Abuse

Sometimes it is difficult to tell whether your elderly loved one is simply aging, or has been a victim of nursing home neglect and abuse. The following list describes the most common types of elder neglect and abuse.

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Reporting Suspected Nursing Home Abuse in California

If you identify any of these signs of nursing home or dependent adult abuse and neglect, there are steps you can take to investigate your concerns.  First and foremost, take all needed action to remove your loved one from any potentially dangerous situation. Then:

  1. Report your concerns to the administration of the nursing home or dependent adult facility where your loved one lives.  Identify your specific observations, as well as the complaints of your loved one or other residents regarding potential nursing home abuse and demand that immediate action be taken to correct the condition, including an investigation. 

    Your complaint should be in writing. You should additionally request a personal meeting with the facility administrator regarding your concerns.

  2. If the facility does not respond to your concerns, you should contact the California Department of Health Services (DHS), the California Department of Aging (CDA), or the Department of Social Services (DSS) to file a complaint. 

    The contact information for these facilities, as well as others, is listed below in California Resources.

    Your complaint may initiate a visit to the facility by the state of California to investigate the suspected nursing home or dependent adult abuse or neglect. You should follow-up with the investigator to see what investigation and actions are underway to prevent nursing home and dependent adult abuse in the facility.

  3. You should additionally notify the California Ombudsman of your concerns. The California Ombudsman is a nursing home resident advocate that supports the residents' right to the highest quality of life possible. The Ombudsman is further responsible for investigating complaints of nursing home abuse, as well as assisting in the resolution of complaints made by California residents.

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Request a Free Case Evaluation

If you suspect nursing home or dependent adult abuse, you may need to take steps to enforce the legal rights of your loved one.  Please contact an attorney at Kershaw, Cutter & Ratinoff for a free consultation.

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California Resources

The following agencies are resources to aid and assist you in ensuring that your loved ones are protected from nursing home, dependent adult or assisted living facility abuse and neglect in California:

Department of Health Services, Licensing and Certification, (CDHS)
The California Department of Health Services administers investigations into complaints, as well as licensing, and certification surveys on skilled nursing facilities, acute care facilities, and transitional care centers.  Annual survey results of these facilities as well as results of investigations are available for public viewing at the CDHS office within the county where the facility is located. This is a good source of information for the general public. 

To determine the district office nearest you, call (916) 445-4171. The contact number for licensing and certification is (916) 552-8700.

Department of Social Services, Community Care Licensing, (CDSS) The California Department of Social Services provides a similar function to that of CDHS, but for residential care facilities only.  Results of investigations, as well as annual survey results are available at the CDSS office within the specific county where the facility is located. 

County Hotlines to Report AbuseUse this hyperlink to access a California directory or HOTLINES to report suspected elder or dependent adult abuse.  The chart is organized by County.

California Department of Aging (CDA)
The California Department of Aging is a part of the California Health and Human Services Agency.It administers home and community-based services throughout California, working primarily with the Area Agencies on Aging who serve seniors, adults with disabilities, and caregivers.  You may contact the CDA at (800) 735-2929 or (916) 419-7500.

Long Term Care Ombudsman Program
This agency provides public information on nursing homes and residential care facilities.  The primary responsibility of the program is to investigate and attempt to resolve complaints made by or on behalf of residence in long-term care facilities, including nursing homes and assisted living facilities.  The agency additionally provides ombudsman, or advocates assigned to a resident at a facility, if necessary.

Central Program Office: (800) 231-4024 or (916) 323-6838

Health Insurance Counseling and Advocacy Project (HICAP)
Provides free individual counseling regarding Medicare, Medigap, Health Insurance, and Long Term Care Insurance.   The service is offered in every county.

Central Office: 800-434-0222.

Kershaw, Cutter & Ratinoff, LLP
The experienced attorneys at Kershaw, Cutter & Ratinoff represent victims of nursing home and dependent adult abuse and neglect and their families. If you suspect that a loved one is the victim of nursing home or dependent adult abuse or neglect, contact an attorney at Kershaw, Cutter & Ratinoff for a free consultation.

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