In order to obtain compensation and compel corrective action, victims of nursing home abuse in California have a number of legal options. There are several options available, such as bringing legal action against the nursing home, reporting the abuse to the California Department of Aging, or making a police report and pressing charges. According to the statute, a "senior" is someone who resides in California and is at least 65 years old. As well as any California resident between the ages of 16 and 64 who has physical or mental impairments that limit their capacity to engage in daily activities.
There are several options available to people who think a family member is receiving abuse in a nursing home. People can:
Elders and their families are free to choose more than one option; neither is required.
In most lawsuits against nursing homes and/or its personnel, the plaintiff must establish three things:
Your California injury lawyer will typically need to file a lawsuit in order to gain "discovery" of the nursing home's records and information in order to prove the case. Your lawyer will analyze the case file, speak with prospective witnesses, and, if practical, the victim directly. Attorney may try to negotiate a settlement with the perpetrator outside of court because a trial can drag on for several years(s). If negotiation can't reach a fair settlement, a jury trial will be deciding the outcome of the nursing home lawsuit. Your attorney may ask the court for an injunction in addition to damages.
Investigations of elder abuse in California nursing homes involve a number of entities. An older patient who wants to file a complaint or a friend or family member usually do so with their neighborhood ombudsman's office. The "ombudsman" is a representative for persons residing in long-term care homes . The California Department of Aging is running The Ombudsman program in this state. The Ombudsman launches an investigation after receiving a report of elder mistreatment in a care facility. Any or all of the following topics may be discussed by the local ombudsman:
In most cases, the ombudsman will go to the nursing facility in question and conduct an on-site investigation. The California Department of Public Health receives the complaint if the Ombudsman determines after conducting its inquiry that it is a valid one. Following its investigation, this agency may:
If the individual filing the report of suspected elder abuse at a nursing home is a mandated reporter, s/he must file the report with both the local office of the ombudsman and a local police enforcement agency. Those who are required by law to report any suspected nursing home abuse are known as "mandated reporters". Nursing home staff and managers are required to be reporters.
Contact legal counsel right now. Your legal team needs time to build a strong case and conduct depositions since civil actions in California have a stringent statute of limitations. Please feel free to give our office a call at 310.943.1171.
Losing your professional license can be devastating, especially when it comes down to nursing. It is very high demanding, yet rewarding profession. As a result, this requires years of blood sweat and tears to getting that career. However, the BRN, California Board of Registered Nursing has the authority to suspend or revoke a nurse's license for a number a reason. This includes professional misconduct, substance abuse, and criminal conviction. Facing a potential license action can be very overwhelming experience. At KAASS LAW, we understand the gravity of these matters and commit to providing compassion and real legal representation when applicable. When nurses are facing license suspension or revocation, we recognize that it's more than just a piece of paper. Our team has the skill and ability to provide legal council and guidance on what you need to do in these serious matters. The following will navigate on seriousness of this matter and how to overcome it.
In California, the ability to suspend or revoke the license of a vocational nurse is delegated to the Board of Vocational Nursing and Psychiatric Technicians of the State of California. It consists of 11 members who make the ultimate decision on whether or not a registered nurse deserves punishment, and if they do, there are 3 main ways the board may do this.
In order for a license to qualify for suspension or revocation, there are certain criteria that it must meet as outlined in California Business and Professions Code Section 2878. Having said that, the language used in the code is quite vague and gives the board a substantial amount of freedom when making their decision. Under the code, any “Unprofessional conduct, which includes, but is not limited to…” is grounds for the board to suspend or revoke a nursing license. In addition to the wide tent that this language creates, BPC Section 2878 also outlines specific actions that could lead to suspension or revocation. Some of these include:
After a suspension period, the board will conduct a review of the nurses’ actions and reinstate the license if no infractions were committed. If a nurse chooses to practice with a suspended license, that is grounds for immediate and permanent revocation of said license.
The BRN has a range of disciplinary options available, including:
Facing a potential license action can be a daunting experience. Navigating the complex legal and administrative processes involved requires careful planning, strategic decision-making, and the guidance of experienced legal counsel. An experienced attorney can:
At KAASS LAW, we understand the gravity of these matters and are committed to providing compassionate and effective legal representation to nurses facing license suspension or revocation. We recognize that your license is more than just a piece of paper; it represents years of hard work, dedication, and the ability to serve your community. Our team of skilled attorneys will fight tirelessly to protect your professional future and help you navigate this challenging situation. If you are facing a potential license action, contact us today for a confidential consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and your future. Alternatively, any wrongful death at a nursing home, we can also help.