Bakersfield Nursing Home Negligence Attorneys

• Properly vet potential staff members, ensuring that they have the proper certifications and training for the position and that nothing in their criminal background check would preclude them from working with residents.
• Ensure that there is enough staff on duty at all times to meet the needs of residents.
• Providing training of all staff on facility policies and procedures.
• Upholding all state and federal nursing home laws, including those granted as nursing home resident rights.
• Medication errors, such as providing the wrong medication or the wrong dosage to the resident.

Understaffing and improper training constitute two of the most common causes of nursing home negligence. Inadequate staff on duty means may stretch staff thin, making it difficult to provide proper supervision of residents. Residents face the risk of falls, wandering away from the facility, or developing new or worsening bedsores. High staff turnover can result in facilities placing employees in positions or requiring them to perform tasks outside their level of training.

According to an analysis of nursing home staffing levels, around three-quarters of all the nursing homes in the U.S. were understaffed before the COVID-19 pandemic. While the federal government suspended staff reporting requirements during the pandemic, the staffing shortage at nursing homes particularly as it pertains to the 4.1 hours of care provided to each resident by a registered nurse and one certified nursing assistant for every seven residents that experts recommend has become even worse. Many nursing assistants now must care for 10 to 15 residents each shift.

Some signs of nursing home neglect include:

• A resident who appears under-medicated or over-medicated.
• Residents who appear as though they have not showered or changed their clothing in a while.
• A resident who has experienced unexplained weight loss or dehydration.
• A resident who has wandered away from the facility or has been left somewhere by the facility.

If you suspect that your loved one has suffered abuse or neglect at a nursing home in Bakersfield, you can report your suspicions in different ways:

• If you have reason to believe that the resident faces imminent danger of injury or death, call 911.
• You can also report suspected nursing home abuse and neglect in Kern County to the Long Term Care Ombudsman at (661) 323-7884.

A state’s long-term care ombudsman program resolves problems relating to the health, safety, and welfare of residents of long-term care facilities, including nursing homes, assisted living communities, and other communities providing long-term residential care.

These responsibilities include:

• Identifying, investigating, and resolving complaints made by or on behalf of residents.
• Providing information to residents and their families about the services they can receive in a long-term care facility.
• Representing the interests of residents over government agencies to seek legal and administrative solutions to the issues they are having with their long-term care.
• Recommend changes to the law to provide increased protections for nursing home residents.

No, you do not have to prove that abuse in a Bakersfield nursing home has occurred before reporting your suspicions, and if it turns out that abuse did not occur, you will face no penalty for making the report.

• Admit to the liability of their insured and process the claim for payment.
• Deny the insured’s liability and provide written notice to the claimant of the reason for the denial.
• Admit to some liability, but offer to settle the claim for a lesser amount than the value stated in the demand.

• Economic damages refer to a payment made in compensation for the expenses of the nursing home resident’s injury, such as medical expenses, the provision of assistive devices—such as a wheelchair or crutches needed to accommodate the injury, placement at a different nursing home facility, and other expenses.
• Non-economic damages refer to a payment intended to compensate for the psychological impacts of the injury, such as pain and suffering, emotional distress, and loss of the enjoyment of life.

How Do I Prove Nursing Home Negligence?

• The nursing home owed the resident a duty of care. The standard of care refers to the reasonable actions that similarly positioned and educated nursing home staff would take to protect the health and well-being of the resident. The standard of care includes obeying all federal and state nursing home laws and upholding the rights of nursing home residents.
• The facility breached that duty of care when a staff member took an action that contradicted the goal of protecting the health and well-being of the resident.
• This breach caused the resident to sustain an injury, resulting in expenses and psychological impacts.

• The nursing home owed the resident a duty of care. The standard of care refers to the reasonable actions that similarly positioned and educated nursing home staff would take to protect the health and well-being of the resident. The standard of care includes obeying all federal and state nursing home laws and upholding the rights of nursing home residents.
• The facility breached that duty of care when a staff member took an action that contradicted the goal of protecting the health and well-being of the resident.
• This breach caused the resident to sustain an injury, resulting in expenses and psychological impacts.

• The deceased’s spouse, putative spouse, or domestic partner.
• Surviving children or grandchildren of the deceased.

• Funeral and burial expenses;
• The loss of gifts and benefits family members received from the deceased;
• The loss of the decedent’s love, companionship, nurturing, guidance, and support; and
• The deceased’s spouse’s loss of physical intimacy with the deceased.

Shouldn’t I Report Nursing Home Negligence to the Facility Itself?

What Is the Average Settlement in a Nursing Home Negligence Claim?

• The severity of the injury.
• The level of negligence that resulted in the injury. California allows personal injury claimants to seek punitive damages in cases involving extreme recklessness or even intentional acts. Punitive damages include damages that don’t relate to the expenses of the injury. A court instead orders them to financially punish the defendant for particularly egregious behavior.
• The claimant’s desire for a quick resolution to the claim.

What Evidence Should I Collect to Help Prove My Claim?

• Photos of injuries that your loved one sustained.
• Photos of dangerous conditions at the facility, if your claim pertains to an injury that occurred as a result of a hazard on the premises.
• Documentation from the nursing facility regarding injuries to your loved one.
• Bills and documentation provided by your loved one’s physician regarding the injury and the medical treatment it required.
• Contact information for anyone who witnessed the negligence taking place.

Why Do I Need an Attorney To Pursue Compensation in a Nursing Home Negligence Claim?

• A free case evaluation, which is a conversation you have with one of our attorneys during which you can obtain information about the legal process, get answers to questions about your case, and find out more about our firm.
• Establishing that the injuries you or your loved one suffered resulted from nursing home negligence.
• Helping you determine the insurance resources available to compensate you.
• Engaging the insurance provider in settlement negotiations.
• Filing a claim in court within the statute of limitations for your case.
• Obtaining the evidence and witness testimony needed to prove your claim in court.
• Guidance throughout the settlement negotiations process so that you can make your own informed decisions as to whether to accept or reject an offered settlement.
• Litigation services.
• Assistance collecting your settlement or award.
• A contingent-fee billing method, which enables you to withhold payment for our services unless we achieve a positive outcome in your claim.

Use caution when speaking with employees or administrators at the facility about your suspicions of abuse or neglect. Report issues with the quality of care directly to the nursing home, but avoid mentioning the word lawsuit because it not only can close doors of communication between yourself and the person responsible for providing your care or your loved one’s care. It can also make it harder to collect evidence for your claim if the facility goes into cover-up mode.

The problem with discussing average nursing home settlements is that each case is unique. Likewise, the settlements themselves reflect the unique injuries, expenses, and impacts suffered by the claimant and the willingness of both parties to negotiate a settlement agreement. In other words, we can’t provide you with an average settlement amount in a nursing home negligence claim.

Many factors, however, will affect the value of the claim, including:

• The severity of the injury.
• The level of negligence that resulted in the injury. California allows personal injury claimants to seek punitive damages in cases involving extreme recklessness or even intentional acts. Punitive damages include damages that don’t relate to the expenses of the injury. A court instead orders them to financially punish the defendant for particularly egregious behavior.
• The claimant’s desire for a quick resolution to the claim.

• Photos of injuries that your loved one sustained.
• Photos of dangerous conditions at the facility, if your claim pertains to an injury that occurred as a result of a hazard on the premises.
• Documentation from the nursing facility regarding injuries to your loved one.
• Bills and documentation provided by your loved one’s physician regarding the injury and the medical treatment it required.
• Contact information for anyone who witnessed the negligence taking place.

• A free case evaluation, which is a conversation you have with one of our attorneys during which you can obtain information about the legal process, get answers to questions about your case, and find out more about our firm.
• Establishing that the injuries you or your loved one suffered resulted from nursing home negligence.
• Helping you determine the insurance resources available to compensate you.
• Engaging the insurance provider in settlement negotiations.
• Filing a claim in court within the statute of limitations for your case.
• Obtaining the evidence and witness testimony needed to prove your claim in court.
• Guidance throughout the settlement negotiations process so that you can make your own informed decisions as to whether to accept or reject an offered settlement.
• Litigation services.
• Assistance collecting your settlement or award.
• A contingent-fee billing method, which enables you to withhold payment for our services unless we achieve a positive outcome in your claim.