The elderly deserve peace and respect in their twilight years, but sadly, some nursing homes fall short of this sacred duty. When something doesn't seem right about your loved one's care, it's time to sound the alarm. Reporting suspected abuse doesn’t mean you’re a troublemaker; it means you’re staying sharp and protective.
The Susan Kang Gordon, A Professional Law Corporation has crafted a straightforward guide to help you understand when and how to report nursing home abuse in California. If you can recognize warning signs and know whom to call, you can feel empowered to stand up for your loved ones.
Our law firm, rooted in the Bay Area, is devoted to fighting nursing home negligence. With a fierce determination to battle for justice, we offer clear-cut advice and unwavering support to our mistreated elderly neighbors and their families.
Raising your voice isn't just a choice; it's your duty. Learn how to speak for those who can no longer speak for themselves.
Understanding Nursing Home Abuse and Neglect
Mistreatment and neglect in long-term care facilities are considered grave infringements on residents' rights. To combat these problems, California subjects nursing homes to stringent regulations. The state also allows a path to legal justice when individuals and facilities fail to follow these regulations.
The term "nursing home abuse" encompasses any deliberate or careless action by a caregiver or other individual that harms or seriously endangers the health and welfare of an elderly resident. Neglect, in contrast, occurs when a facility or individual fails to deliver essential care, services, or oversight that sustains a resident's health, resulting in harm or potential harm.
Individuals within healthcare facilities can perpetrate abuse and neglect, including medical professionals, support staff, or even fellow residents. Family members or guests may also be responsible. Anyone with access to a resident could potentially cause harm, which means that vigilance and awareness are crucial to safeguard vulnerable older adults.
Types of Nursing Home Abuse and Their Warning Signs
When you visit your loved one, watch out for these signs of neglect or physical, emotional, financial, and sexual abuse.
Physical Abuse
Look for these signs that someone has used force on your loved one to cause injury, pain, or impairment:
- Unexplained bruises, cuts, fractures, or burns
- Frequent or unexplained hospital visits
- Marks on wrists or ankles suggesting restraint use
Psychological Abuse
Actions or words that cause emotional distress or trauma can lead to deterioration in your loved one’s mental health. Watch for the following signs:
- Sudden mood or behavior changes
- Social withdrawal or avoiding family visits
- Unusual fearfulness, anxiety, or depression
Sexual Abuse
Any nonconsensual sexual contact is abusive and harmful. Indicators of sexual abuse include:
- Unexplained genital infections or STDs
- Bruising around genitals or breasts
- Torn or stained underwear
Financial Abuse
Keep an eye out for these red flags, which may indicate that someone has been misusing your loved one’s financial resources or assets:
- Unexplained bank withdrawals
- Sudden money troubles despite stable income
- Disappearance of valuables like jewelry or cash
Neglect
The facility may be failing to provide essential care to your loved one, leading to harm. These are some signs to look for:
- Poor hygiene or unkempt appearance
- Bedsores or untreated infections
- Malnutrition or dehydration
- Unsanitary living conditions
Reporting Nursing Home Abuse in California
Whether you're a relative, a caregiver, or simply a concerned individual, you can help protect the elderly in your community and hold those responsible accountable. Follow these steps to report abuse.
Step 1: Gather Information
Before you report elder abuse or nursing home neglect, try to gather as much relevant information as possible. Start by noting the resident’s full name, age, and room number. Write a detailed description of the suspected abuse or neglect, including the nature of the harm, any visible injuries, and the impact on the resident’s well-being.
If possible, collect the names and titles of any staff members who may have been abusive or who may have witnessed the incidents. Record the date, time, and location of each incident, as these details will be crucial for the abuse investigation.
Step 2: Contact the Appropriate Authorities
In some cases, it’s a good idea to bring concerns to the attention of nursing home administrators. If you don’t believe that is appropriate, you can file an official complaint with a government agency.
Depending on the severity and location of the abuse, there are different authorities you can contact in California. These authorities are listed below, along with their contact information.
Step 3: Follow Up on Your Report
Once you’ve reported the abuse, an investigation will typically follow. The relevant authorities — whether the CDPH, local law enforcement, or an ombudsman — will assess the situation, interview those involved, and review any evidence.
You may be contacted for further details or to provide additional testimony. Depending on the findings, the facility may be subject to penalties, corrective actions, or even criminal charges.
Who to Contact to Report Nursing Home Abuse
Law Enforcement
When elder abuse or neglect involves criminal activity or when the resident faces immediate danger, it's appropriate to involve local police.
Make a police report if you observe or suspect physical or sexual abuse, financial exploitation, or any other criminal behavior. If severe or persistent abuse isn't addressed by the facility, contacting authorities can prompt an investigation and protect the resident.
Consider these reporting methods:
- Emergencies: For immediate threats, call 911 for urgent help.
- Non-urgent Cases: Call the non-emergency line for your local police or sheriff's office.
Some police departments have specialized units for elder abuse cases.
Long-Term Care Ombudsman
The Long-Term Care Ombudsman program in California serves as a crucial support system for those residing in nursing homes and similar care facilities.
Most Ombudsman representatives are volunteers. To join the program, they must complete 36 hours of training, along with yearly ongoing education programs. Their primary mission is to safeguard residents' rights and promote their overall welfare.
Services offered by Ombudsman representatives include investigating complaints, advocating for residents, and connecting them and their representatives with the appropriate agencies to help them.
Here’s how to get in touch with a local representative:
- Ombudsman CRISISline: Call 800-231-4024 for immediate assistance.
- Local Offices: Locate your local Ombudsman office by selecting your county on the California Department of Aging website.
If you’re not sure which agency to contact next in order to get help for your loved one, your local Ombudsman office can point you in the right direction.
California Department of Public Health (CDPH)
The CDPH is responsible for regulating nursing homes and other healthcare facilities in California. It also issues licenses to home care providers, CNAs, and nursing home administrators. If you believe that an individual or facility overseen by the CDPH is neglectful or abusive, you can file a complaint.
Filing complaints online is encouraged, but you can also file by mail or phone:
- Online: Visit the California Health Facility Information Database.
- Mail: You can find the address for your local district office on the CDPH website.
- Phone: Call the phone number of your local district office listed on the CDPH website.
Upon receiving a report, the CDPH will launch an inquiry to determine whether any state regulations have been violated.
The investigation may involve inspections of the facility, interviews with staff and residents, and a review of records. Based on its findings, the CDPH may impose penalties, require corrective actions, or revoke the facility’s license if severe violations are discovered.
Adult Protective Services (APS)
APS is tasked with investigating claims of elder abuse and neglect occurring in private residences, apartments, and similar environments. It also handles cases involving dependent adults.
Reach out to APS if you believe abuse is taking place outside a licensed facility or if the resident has relocated to a private setting:
- APS Hotline: Call 833-401-0832 to be connected with your county's APS office.
- Local APS Office: You can also find contact information for each county on the APS website and call it directly to speak to a social worker.
Upon receiving a report, APS will conduct a comprehensive investigation. This may involve removing the elder from a dangerous situation, offering protective services, and collaborating with other agencies to address the reported abuse.
California Office of the Attorney General
The Division of Medi-Cal Fraud and Elder Abuse at the Office of the Attorney General focuses on prosecuting cases of elder abuse and Medi-Cal fraud within care facilities.
If the abuse involves financial exploitation, medical fraud, or serious misconduct by care facility staff, contact the Office of the Attorney General. You can file a complaint by phone or online:
- Elder Abuse Hotline: Call 800-722-0432.
- Online Form: Submit an elder abuse complaint form through the Attorney General’s website.
The division can take law enforcement action against facilities that violate the law, including statewide action against larger healthcare networks.
In-Home Supportive Services (IHSS)
If you believe an IHSS provider is engaging in financial abuse or fraud, you can report their actions:
- IHSS Fraud Hotline: Dial 800-822-6222.
The hotline is operated by the California Department of Health Care Services to safeguard seniors from monetary exploitation and investigate other types of fraud.
California Advocates for Nursing Home Reform (CANHR)
Besides government agencies, several independent organizations can help with reporting and supporting victims and their families.
CANHR is a nonprofit that advocates for nursing home residents' rights and offers resources for those facing elder abuse and neglect. This organization can clarify your options and help you file complaints with the appropriate agencies. Here’s how to contact CANHR:
- Online: Visit the CANHR website and click on Contact Us.
- Phone: Call 800-474-1116 for support.
If you suspect abuse in licensed assisted living centers, adult day care programs, or Residential Care Facilities for the Elderly (RCFEs), CANHR can help.
California Elder Abuse Laws and Reporting Requirements
California takes elder abuse very seriously, with strict regulations designed to protect vulnerable older adults from harm. All elderly individuals, including those residing in nursing homes, have the right to live free from abuse and neglect.
The Nursing Home Resident’s Bill of Rights outlines specific protections for those in long-term care facilities. If these rights are violated, residents or their families may report nursing home neglect or abuse. In some cases, they can file a civil lawsuit against the facility responsible for the violations.
In addition to civil actions, California Penal Code 368 criminalizes elder abuse, imposing severe penalties for those who harm or exploit older adults.
Physical or mental abuse may be punishable by up to one year in county jail or a $6,000 fine. In some cases, the law allows for several additional years in prison along with the fine. If the abuse results in serious injury or wrongful death, the prison sentence can increase by three to seven years.
Financial abuse of seniors is also taken seriously under California law. If the fraud involves more than $950, the perpetrator faces up to four years in state prison, along with a fine of up to $10,000. For lower amounts, the penalty can include up to one year in county jail.
Mandatory Reporting Laws in California
In California, certain individuals are legally obligated to report any suspicions of elder abuse or nursing home neglect. These mandated reporters include healthcare providers, caregivers, and other nursing home employees.
The law requires mandated reporters to notify the authorities if they have reason to believe a resident is being mistreated. Mandatory reporting laws are in place to protect vulnerable elders. Importantly, those who report in good faith are shielded from legal retaliation, which offers crucial protection for whistleblowers who step forward to expose abuse or neglect.
Penalties for Failing to Report Elder Abuse
If you are a mandated reporter and fail to report suspected abuse, you could face legal penalties.
A misdemeanor charge may be brought for a failure to report, with penalties including up to six months in county jail and a fine of up to $1,000. If the failure to report leads to the victim’s death or serious bodily injury, the consequences may include up to one year in jail and a maximum fine of $5,000.
How to Anonymously Report a Nursing Home
California law permits anonymous or confidential reporting of elder abuse. While mandated reporters must identify themselves when filing a report, their identities can remain confidential. Non-mandated reporters can choose to report nursing home neglect or other forms of elder abuse anonymously.
These protections allow individuals to raise concerns about potential abuse without fear of repercussions, encouraging more people to speak up when they suspect mistreatment in nursing homes.
Taking Action to Protect Your Loved Ones
At the Susan Kang Gordon, A Professional Law Corporation, we dedicate ourselves to assisting vulnerable adults who have experienced nursing home abuse and neglect. If you believe a loved one is being mistreated by those who are meant to help them, it's essential to act promptly. By reporting abuse, you could not only protect your loved one but also prevent others from suffering.
Our firm stands ready to support you and hold negligent facilities and providers to account. We invite you to contact us for a confidential consultation.
Report Abuse with Confidence
If you suspect nursing home abuse, don't wait — contact Susan Kang Gordon, A Professional Law Corporation. We can guide you through the reporting process and fight for your loved one’s rights.
Let Us Help You Report Nursing Home Abuse
Your loved one deserves better. Call Susan Kang Gordon, A Professional Law Corporation to discuss how we can help you hold negligent nursing homes accountable.
