California Sued for Slow Response to Nursing Home Abuse, Lagging Inspections

A Sacramento, California advocate for the elderly is suing the state for allegedly endangering the lives of nursing home residents by failing to properly inspect skilled nursing facilities or promptly respond to complaints of nursing home abuse.

The lawsuit, brought forth by the Sacramento-based Foundation Aiding the Elderly, accuses state regulators of “taking months and sometimes years” to complete investigations into charges of nursing home abuse or neglect, or elder abuse at other long-term care facilities. The suit was filed in San Francisco Superior Court, and names the California Department of Public Health, along with two of the department’s top administrators. Plaintiffs seek a court order requiring the state to “complete complaint investigations and the complaint appeal process in a timely manner.” They also ask the court to compel the department to prepare an annual report detailing the timeliness of investigations into caregiver or nursing home abuse and neglect allegations.

“This is jeopardizing all patients,” said Carole Herman, president of FATE. “The industry is not afraid of the regulators, they are so lax in their responsibilities.”

Herman said she pursued legal action because “it’s the only way the state is going to pay attention.” She reportedly decided to file the lawsuit against California because of her personal experiences filing nursing home abuse cases with the state, on behalf of patients living in care facilities. One case, Herman says, was filed in October 2011, and involves “serious allegations of negligent medical treatment,” but remains unresolved. Two other investigations that she filed involve “serious allegations of sexual and/or physical abuse against an elder,” but have been pending since February 2012.

The suit states that delays in nursing home abuse investigations can lead to more abuse or neglect, or destroy evidence as witnesses’ memories fade, or even as witnesses die. Herman and the other plaintiffs allege that the Department of Public Health “and its personnel have been extremely delinquent” by dragging out investigations for months or years. “… In the meantime, the underlying conduct raised by the complaint can continue unabated, exposing elderly and infirm residents of skilled nursing homes and other long-term care facilities to real and substantial harm, including neglect, suffering and avoidable injury or death,” the suit states.

The state’s own record-keeping showed that timely responses to nursing home abuse and neglect charges was steadily getting worse up until 2010, when the department stopped reporting those statistics. In fiscal year 2009-2010, the last period in which the department gathered such data, the DPH reportedly completed 47% of its “imminent and serious” (or I&S) complaint investigations within 40 days, and 54% of the non-emergency cases in 60 days.

Under the state’s Health and Safety Code, the DPH is required to make an on-site investigation “within 10 working days” after receiving a complaint, or within 24 hours if the complaint “involves a threat of imminent danger of death or serious bodily harm,” which is the definition of an I&S complaint.

The Strom Law Defends Victims of Nursing Home Abuse

If your loved one has faced nursing home abuse, you do not have to suffer in silence. Contact the attorneys at the Strom Law Firm for a free, confidential consultation. We are here to help. 803.252.4800.