A recent California state audit has revealed a concerningly weak level of oversight at California nursing homes, which has enabled poor care, serious injuries, and even death to occur. According to the audit, the number of incidents that had the potential to end in either severe injuries or wrongful deals has increased significantly over the past few years, an issue for which the California Department of Public Health is believed to be responsible. In their report, the state auditors accused the Department of Public Health of failing to perform necessary inspections or to resolve issues in a timely manner. Due to substandard care, inconsistent nursing home licensing decisions, and a lack of transparency, nursing home residents, who are some of the most vulnerable members of society, are not being treated with the dignity and care they deserve.
The report also states that California nursing homes are regularly ignoring infection control procedures. In fact, reports of substandard levels of care have increased by 31% between 2006 and 2015, while instances of non-compliance which could potentially have resulted in serious injury or death increased by 35% over the same period.
The results of this recent state audit raise the question of if your loved one is injured or loses their life due to substandard care in a California nursing home, who will be held responsible?
Under California law, wrongful death is one that has resulted from the negligence or willful wrongful action of another person or entity. For example, a death that has been caused by a failure to comply with health and safety regulations in a nursing home. If you have lost a loved one due to somebody else’s action, or failure to act, you may be eligible to file for wrongful death compensation.
When you work with an experienced California wrongful death lawyer, you could recover monetary damages in respect of the forecasted future earnings of the deceased, the emotional support which you are now forced to live without, and the loss of their companionship. You could also be compensated for the medical expenses and funeral costs incurred as a result of your loved one’s catastrophic injury and death.
Wrongful death lawsuits can only be filed on the behalf of certain family members, including the spouse and children of the deceased. Where no surviving spouse or children exist, eligibility may be extended to include other family members or, in legal terms, “anyone who would be entitled to the property of the decedent by intestate succession”.
As wrongful death cases can be complex and will occur at a time where you are likely to be experiencing emotional stress, you should always instruct a California wrongful death attorney to handle your lawsuit.
If you believe you may be eligible to file for wrongful death compensation, call us today on 818-783-5757 to schedule your initial consultation, where you can discuss your case with our highly experienced lawyers.