While nursing home abuse is unpleasant to even consider, these regulations make it imperative for family members to stay vigilant, observe any suspicious or abusive behavior, and report it immediately.
Sacramento, CA – One reason why nursing home abuse often goes unpunished is that the victim, or their family members, are not aware of the regulations around abuse in their state. The state of California has very strict guidelines and rules, and specialized lawyers need to abide by those rules in seeking justice for nursing home abuse.
As the concerned family member of an abuse victim in Sacramento, California, you need to be familiar with California’s guidelines and limitations around nursing home abuse.
First of all, what is a statute of limitations?
According to Sacramento nursing home abuse lawyers, the statute of limitations refers to the legal period of time after the abuse occurs in which legal action must be taken. This puts a cap on how long an abuser can be held legally responsible for their actions.
What is the statute of limitations in California?
Like many other states, California has a statute of limitations of only two years for most types of nursing home abuse. The tricky part is that the time for the statute of limitations is counted from the day of the assault.
Unfortunately, nursing home abuse is rarely an isolated incident and can reoccur over months, and even years, making prosecution difficult.
The rule of discovery
While the time officially starts running from the date of the abuse, the statute of limitations may be shifted a little, under the rule of discovery. The rule of discovery refers to a type of assault or abuse that was difficult (or impossible) to notice right away. In that case, the state allows for a reasonable time of discovery to pass, thus extending the statute of limitations.
However, California nursing home abuse lawyers caution clients not to rely on potential legal loopholes like the rule of discovery. Instead, it’s ideal to stay vigilant and to report any suspected or discovered abuse immediately.
Wrongful death
Unfortunately, some cases of nursing home abuse and neglect can tragically result in the death of a loved one. In these cases, the statute of limitations is still two years but is counted from the date of death, rather than when the abuse began, or the fatal assault/neglect occurred.
Financial abuse and fraud in nursing homes
The only type of nursing home abuse benefitting from a different, slightly longer statute of limitations is the financial kind. If the abuse involves fraud in any form, the statute of limitations is extended to three years.
Nursing home abuse lawyers define financial abuse as:
- Petty theft (e.g. personal possessions missing, or the resident complaining of items missing);
- ATM withdrawals and credit card charges outside of the facility, without the resident leaving;
- Changes to the resident’s will;
- Abusing power of attorney;
- Bullying the resident into unwanted spending on behalf of the abuser.
In cases of financial abuse in the nursing home, the statute of limitation is extended to up to four years, due to the fact that financial abuse is often difficult to detect.
Keep in mind that some forms of financial abuse also involve excessive or erroneous medical bills, in which case you may also benefit from the services of medical malpractice lawyers.
While nursing home abuse is unpleasant to even consider, these regulations make it imperative for family members to stay vigilant, observe any suspicious or abusive behavior, and report it immediately.
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