En EspaƱol

New California Law Expands Reporting of Nursing Home Abuse

By Brian Chase on January 5, 2013 - No comments

nursing home abuseA California law that took effect on January 1 expands the requirements for caretakers to report abuse at nursing homes and assisted living centers. According to a news report in the Napa Valley Register, advocates for the elderly hope that Assembly Bill 40’s new requirements will help bring crimes against one of the most vulnerable sections of our population to light, in a prompt manner.

Officials say the purpose of the legislation is to ensure that elder abuse crimes are reported so they can be investigated. AB 40’s key provision “effectively doubles the reporting duties of those required by state law to share knowledge of the physical abuse, abandonment, neglect, isolation or financial abuse of residents” in nursing homes, the report states. Earlier, such crimes would be reported to the care center’s ombudsman or a law enforcement agency. Now, a so-called mandated reporter, who could be an employee, supervisor or administrator, must notify both.

Prompt and Expanded Reporting

AB 40 also addresses the issue of nursing home abuse or neglect not being reported in a timely manner. The law requires “mandated reporters” to contact the authorities by phone and in writing within two hours after learning about the suspected physical abuse of a resident that resulted in serious injury or within 24 hours of a non-injury incident. Under this new law, failing to report is a misdemeanor with a maximum penalty of six months in jail and/or a $1,000 fine.

Justice for Victims

As a nursing home abuse lawyer in California who represents victims of elder abuse, I certainly hope that this new law will encourage more nursing homes and their workers to act quickly on complaints. Elder abuse incidents are some of the most under-reported crimes in California and elsewhere in the nation. This is because many seniors who depend on a nursing home or a caregiver feel intimidated and pushed into a corner. The law in some ways gives the elderly a voice. Instances of physical abuse and neglect that are rampant in California’s nursing homes should be reported and the wrongdoers must be held accountable.

 

Leave a Reply:


Share this:

See All Awards, Ratings and Reviews

The BISNAR | CHASE Difference

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “There are many, many defects in vehicles that can lead to life or death that could be fixed with a mere $40-$50 [on the assembly line].”

    Brian Chase

    on the shocking facts about the vehicles we drive

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

  • “I’m convinced, because of all the lawsuits...the auto industry finally found out it was cheaper to fix the problem than to keep paying in the litigation.”

    Brian Chase

    on making the world a safer place

  • “...if [manufacturers] build a dangerous product and someone is seriously injured from that, some personal inury lawyer is going to call them on the carpet about it.”

    John Bisnar

    on how Bisnar | Chase has helped make the world a better place

  • “When you have a client come in that’s in a wheelchair...or you meet a wife who has lost their husband or they’ve lost their child, it’s diffucult not to get emotionally involved.”

    Brian Chase

    on the biggest challenges he faces as a personal injury lawyer

  • “I bring in the best employees that I can and I want them to have a workplace that is condusive to them doing their best work.”

    John Bisnar

    on the work environment created at Bisnar | Chase

  • “My motivation of going to law school to have my life’s work help other people...when I see that come to fruition, I’m very pleased and very happy with that.”

    Brian Chase

    on the accomplishments he is most proud of

  • “...it is part of our civic responsibility and it is our great fortune to be in a position to be able to help support our community...”

    John Bisnar

    on the importance of giving back to the community

  • “I was always jealous of doctors. They get to save lives and they get to heal. I don’t get to do that but I get to have a very big impact on another person’s life...”

    Brian Chase

    on the greatest satisfaction derived from his work

  • “Seeing the growth of my employees, seeing them mature professionally, personally, and grow into the great professionals they have become is tremendous.”

    John Bisnar

    on the greatest satisfaction derived from his work

  • “I’m the president-elect this year and I’ll be the president next year of the Consumer Advocate Attorneys of California and I find that to be a rewarding thing...”

    Brian Chase

    on being an advocate for the people of California

  • “There’s going to people that you meet, that you can mentor...You can make a difference in their lives, you can make a difference in their client’s lives.”

    John Bisnar

    on mentoring young attorneys

  • “We try to figure out how we can help [our clients] get through what they’re going through emotionally. Because just getting them compensated is only part of the job.”

    Brian Chase

    on the role compassion plays in his profession

  • “The Lakers have always been a winning organization, a class organization. I’ve used the Lakers as kind of a model for how to run my practice as well.”

    John Bisnar

    on his passions in life

Bisnar | Chase • 1301 Dove St #120
Newport Beach, CA 92660
local: (949) 203-3814
Get Directions

California Personal Injury Blog

Wage Theft: A Serious Problem Nationwide

Wage theft is becoming a serious problem these days as budgets tighten and the economy wavers. Here is a look at what wage theft is and what you can do about it.

read article

Miley Cyrus Named In Dog Bite Lawsuit

Miley Cyrus' company and sister Brandi Cyrus were named in a lawsuit involving Brandi's dog attacking a Los Angeles model.

read article

GM Recalls Nearly 100,000 Vehicles For Stalling

Things get worse as General Motors recalls nearly another 100,000 vehicles due to vehicle stalling issues. 14 different models are affected by this recall.

read article

Connect

Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar | Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar | Chase Personal Injury Attorneys, LLP - All rights reserved.

SLS Consulting