Because our immune systems tend to weaken with age, seniors are prone to catching diseases like pneumonia, urinary tract infections, and influenza. These infections can also cause more harm to seniors than younger adults.
Unfortunately, even in a nursing home, older adults get diseases due to negligence on the part of their caretakers. If this has happened to your senior loved one, a Los Angeles infections outbreak and disease lawyer can assist you with protecting your rights. Call Pintas & Mullins Law Firm today to find out from a team member how they can help.
Negligence Causes Nursing Home Outbreaks
Nursing homes have an obligation to care for their senior residents’ personal and medical needs, such as serving healthy food, giving medication, and helping them maintain good hygiene. They also need to keep seniors safe from disease.
Illnesses can spread quickly when the staff fails to follow Sections CCR § 72321 and CCR § 72323 of the California Code of Regulations. The sections state that nursing homes should have policies to protect against infectious diseases. Some of these measures include:
- Screening residents for possible infections.
- Cleaning contaminated surfaces.
- Sterilizing utensils, linens, and other items in the nursing home.
- Provide separate accommodations for infected residents.
Not adhering to these standards could be considered a form of abuse or neglect. This failure to follow regulations could serve as the basis for a personal injury or wrongful death lawsuit based on what happens to the senior victim. A Los Angeles infections outbreak and disease lawyer can advise you further on what type of case you should pursue. To find out more, contact Pintas & Mullins Law Firm to speak with a team member.
California Law Protects Seniors
California has also put other laws in place to protect elderly nursing home tenants. Nursing home residents have the right to health protection, which includes telling them if they have any new medical conditions. The staff should also inform residents of how they plan to address such problems. The residents also have the right to air their grievances if they have any.
If their caretaker or the nursing home is not taking their safety seriously, they are encouraged to report it to the nearest Department of Public Health district office. A resident can also start consulting with a Los Angeles infections outbreak and disease lawyer on what other actions they can take to address the situation.
California Takes Abuse Reports Seriously
The Elder Abuse and Dependent Adult Civil Protection Act helps keep seniors and their dependents safe from would-be abusers and negligent parties, including nursing home staff and caretakers. However, keep in mind that only people age 65 and over are considered elders under WIC § 15610.27 of the Act.
Section 15656 states that anyone who willingly puts an older adult in a life-endangering situation can go to prison or jail. Also, note that nursing homes are long-term health care facilities. It means they can be punishable under Section 1290 of the Health & Safety Code. Staff members may receive a large fine or be jailed for up to a few months if they violate safety regulations and endanger the residents’ lives.
To protect the residents even further, Section 15630 mandates nursing home caretakers to report any signs of elder abuse or neglect to the state within 24 hours. Willfully failing to report the situation is a misdemeanor that comes with a punishment of up to jail time, depending on the outcome and severity of the abuse.
While the Act deals with criminal charges, violations can also help prove civil liability in a potential personal injury or wrongful death case against the nursing home.
For a free legal consultation with an infections outbreak and disease lawyer serving Los Angeles, call (800) 842-6336
Recoverable Damages You Can Pursue
Working with a Los Angeles infections outbreak and disease lawyer means having someone who will fight for compensation on your behalf. You or your loved one could receive compensation for the following damages:
- Past, ongoing, and future medical bills
- Past and future lost wages
- Emotional and physical pain and suffering
- Disabilities caused by the disease
- Funeral and burial expenses, if the infection resulted in the loved one’s death
Los Angeles Infections Outbreak and Disease Lawyer Near Me (800) 842-6336
You Must File Your Cases On Time
You also have a deadline for filing lawsuits here in California, just like in other U.S. states. According to CCP § 335.1, people generally have two years to file cases for intentional or neglectful acts that resulted in injuries or deaths.
If you have problems building your case, a Los Angeles infections outbreak and disease lawyer can help you compile evidence and review your claims so that you can submit your case on time.
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We Aim to Get You Justice
Catching infections in your nursing home because of a caretaker’s negligence is not only life-threatening but also traumatizing. Fortunately, you may be able to find justice and closure for yourself or your loved ones with the help of a Los Angeles infections outbreak and disease lawyer from Pintas & Mullins Law Firm. For 35 years, our team has represented elderly clients and provided legal counsel for nursing home cases all over the U.S., including California.
This is a trying time for you and your family, which is why we are here to provide you legal support. If you would like a free case evaluation, or if you have other concerns, call us today.