What legal recourse do I have if a nursing home fails to provide adequate care?
If a California nursing home fails to provide adequate care to you or a loved one, you have the legal right to file a complaint with the Department of Social Services. The California Department of Social Services oversees long-term care facilities and investigates allegations of abuse and neglect. If the department finds that your allegations are substantiated, they can take enforcement action against the nursing home, including ordering the nursing facility to correct any deficiencies and providing monetary damages. If the nursing home does not correct the deficiencies, you may have the option to file a lawsuit against the care facility. Your lawsuit can seek damages for any of the following: pain and suffering, physical or mental distress, medical bills due to neglect, loss of quality of life, loss of companionship, and financial losses due to the neglect. You may also be able to seek punitive damages against the nursing home to punish them for their negligence. If you believe a nursing home has failed to provide adequate care, it is important to act quickly. You must file a complaint with the Department of Social Services within two years of when the neglect or abuse occurred. If you file a lawsuit, the statute of limitations is one year from when the neglect or abuse took place. Seeking legal help can ensure that you maximize your chances of receiving the compensation you deserve.
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