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How the State of California Deals With Nursing Home Neglect

We send our elderly loved ones to nursing homes expecting that they will be taken good care of. While this most often is the case, several current studies have shown that this may be wishful thinking. Recently, there have been several cases in California and across the United States that indicate a high level of nursing home neglect.

If you have a friend or family member residing in a nursing home in California, in order to make sure he or she is receiving the proper medical care and attention that they deserve – it is important to understand the law as it applies to nursing home care in California.

California has very specific laws regulating nursing home care which are in place so as to avoid nursing home abuse and neglect. If you have a loved one in a nursing home it is smart to stay informed and up-to-date on what those laws are.

In California, all nursing home facilities are regulated by the California Department of Public Health, Licensing, and Certification Division. The purpose of the CDPH and other related agencies is to ensure that health care facilities are complying with state laws and regulations regarding health care and to avoid any neglect or abuse.

There are several basic requirements to keep in mind that California law requires of its nursing homes. Those are:

  • The nursing home must meet Title 22 licensing requirements;
  • The patient must receive the appropriate amount of care to maintain physical and mental well-being;
  • The patient must maintain his or health or improve while in treatment; and
  • The patient must feel it is his or her choice in terms of what treatments they receive.

California does currently have an Act in place that provides for someone who has been abused in a nursing home to be awarded punitive damages. Due to this and the other requirements set out by California law, when you start to explore the law as it pertains to nursing home care in California – it can be quite useful to consult an attorney to assist you in the process in making sure your loved one is being properly cared for.