“We trusted them to take care of my grandma, to keep her safe, and they failed miserably.” These were the haunting words of Adam Plares last July. His family had just unveiled their lawsuit against a nursing home after their grandmother was allegedly killed by her roommate.
Court documents show that 98-year-old Vera Plares, the victim, was beaten to death last December at Mission Skilled Nursing and Subacute Center in Santa Clara. Previous police reports show that the former resident, now facing murder charges, has a history of violent behavior.
“Her pain is over, but ours is just beginning,” said her great-granddaughter, Sierra Plares.
Nursing homes are legally obligated to provide appropriate care and protection for their residents. If a resident or staff member abuses or even takes the life of another, the facility can face a lawsuit for failing to fulfill its duty of care.
Laws protecting nursing home resident rights
Several laws protect the rights of nursing home residents, such as:
- Nursing Home Reform Law: Requires facilities to provide certain services to their residents and meet specific standards to receive Medicaid or Medicare payments
- California Health and Safety Code: Requires nursing homes to be sufficiently staffed and sanitary
- Elder Justice Act: Coordinates the response between federal and state agencies to elder abuse incidents
- California Welfare and Institutions Code: Defines abuse of an elder or a dependent adult, which includes depriving them of necessary services to avoid physical harm or mental suffering
- California Penal Code: Defines criminal elder abuse, which includes willfully causing or allowing the elderly to be placed in dangerous situations
Nursing homes can face penalties for regulatory violations. These include fines, license revocation and closure.
Preventing resident-on-resident attacks
Nursing homes are obligated to screen all incoming residents. This helps ensure they receive proper care and medication. It also determines whether they pose a risk to themselves or anyone else in the facility.
Failure to act when a resident exhibits a pattern of violence counts as negligence. Staff or facility policies ignoring signs of potential risk can serve as evidence. Facilities can be punished if they keep violent residents just to maintain occupancy levels.
If you suspect a nursing home is violating regulations or that a resident is at risk, consult an experienced elder abuse attorney. Holding nursing homes accountable can help protect your loved one. It can also prevent future cases and ensure that state standards are met.