Also known as involuntary discharge, patient dumping refers to an illegal eviction of a patient from a nursing home, senior living community, or any other long-term assisted-care facility. There are strict state and federal regulations in place to prevent patient dumping. Beyond the law, treating vulnerable seniors like this is unethical and inhumane.
You may be eligible to recover compensation if you were the victim of patient dumping by an assisted-living facility. You should get in touch with a skilled nursing home abuse attorney at Walton Injury Law immediately to understand your legal rights and seek compensation.
Whether you were involuntarily discharged yourself or know an elderly person who was, our attorneys can help. To request a free consultation with our nursing home neglect lawyers in Southern California, contact our law firm today. You can also reach Walton Injury Law by phone at (866) 338-7079.
About Patient Dumping in California Nursing Homes
Patient dumping that involves the elderly often takes the form of hospital dumping. This means that the assisted-living facility sends the patient to a hospital for treatment of an acute condition and then refuses to take them back. In fact, some nursing homes may give up that patient’s bed or room to another resident.
What Happens to Nursing Home Residents Who Are Involuntarily Discharged?
Many elderly patients who were dumped have nowhere to turn to and wind up returning to their families, who may not have the resources or equipment to care for them.
Elderly patients who do not have a family or support network that can take them in have few options for housing. These less fortunate nursing home patients who get dumped end up in homeless shelters, motels, or on the streets.
If you or someone you love was recently dumped from a California nursing home facility, you may have time to file an abuse or appeal claim. You need to talk to our nursing home abuse attorneys to identify the best route to move forward.
Common Reasons Why Patient Dumping Happens in Nursing Homes
Patient dumping is against the law, but facilities do this for a wide array of reasons. These are just three reasons why patient dumping happens at Southern California nursing homes.
The Financial Motives Behind Patient Dumping
In most cases, this illegal and inhumane practice is financially motivated.
Private insurance companies and Medicare tend to provide higher rates than Medi-Cal (Medicaid). Medi-Cal patients are less profitable for nursing homes as compared to those covered by private insurance companies or Medicare. In addition, Medicare patients have shorter stays, allowing for quicker turnover and higher profits for senior facilities.
Unfortunately, there is an alarming outburst of elderly care facilities dumping patients from the vulnerable and low-income Medi-Cal bucket.
Patient Dumping Due to Demanding Patient-Care
Another common reason for patient dumping involved demanding patient care. In these situations, the nursing home resident may need more treatment than the facility is willing to provide at that monthly cost.
Rather than accommodate the needs of the nursing home resident, the facility instead decides to discharge that person involuntarily.
Patient Dumping as a Response to Altercations and Outbursts
Patient dumping can also occur following physical altercations or emotional outbursts. In these cases, the nursing home may state that the elderly resident is disruptive and remove them from the facility.
In these situations, these altercations or outbursts may be related to a medical condition, dementia, a mental health crisis, or a response to abuse or neglect at the facility.
The Lasting Effects of Patient Dumping on the Elderly
If a nursing home resident is wrongfully discharged from a facility, they face a number of potential repercussions, even if they are able to find shelter and care after being dumped. Some of the last effects of patient dumping include:
- Physical Injuries: While struggling to find food and shelter outside of a nursing home, the discharged resident may suffer a fall, be physically assaulted, or experience other kinds of physical injuries.
- Health Complications: Outside of the assisted-living facility, the discharged senior may not have access to their medication, medical treatments, proper monitoring, and other needs. This can cause a number of serious health problems.
- Psychological Trauma: Involuntary discharge from a nursing home can cause confusion, anger, depression, anxiety, and post-traumatic stress disorder (PTSD). This can have lasting effects on a person’s mental health and quality of life.
- Homelessness: As we noted earlier, seniors without family or a support network may wind up on the streets or living in homeless shelters.
- Loss of Life: Without proper care, assistance, regular meals, or necessary medication, involuntary discharge from a senior community could lead to the death of a vulnerable elderly person.
Legal Rights for Elderly Victims of Patient Dumping in California
There are state and federal protections for elderly nursing home residents when it comes to patient dumping.
In California, nursing home facilities are required to hold a resident’s bed for at least 7 days after the patient is transferred to a hospital. This is meant to prevent hospital dumping by assisted-living facilities.
Federal regulations related to patient dumping also require facilities to provide a 30-day notice before discharging or transferring a resident. This is not required under specific circumstances, such as when the resident’s health has improved enough to be discharged. An exception also applies if the resident is a danger to the safety of others or a danger to themselves, has urgent medical needs, or has lived in the facility for less than 30 days.
Written notice provided by the nursing home needs to include specific information about the reason for transfer, the effective date, the location of the hospital, and information for filing an appeal. In addition, appropriate documentation needs to be provided by the facility regarding the medical record of the patient.
Walton Injury Law Can Help Victims of Nursing Home Patient Dumping
If you’ve been discharged from a nursing home without sufficient warning, the team at Walton Injury Law can hold the facility liable for causing you harm and distress. Our attorneys in Southern California know how to handle cases of nursing home abuse, neglect, and mistreatment. We’re ready to advocate for you.
Damages for Victims of Patient Dumping
The damages in a patient dumping case can vary depending on what happened to you and the lasting effects the incident had on your life and your family. Potential damages may include:
- Cost of additional medical care
- Cost of counseling or therapy
- Financial losses for temporary shelter and meals
- Loss of property and belongings at the nursing home
- Pain and suffering
- Mental anguish
If an elderly relative loses their life due to their wrongful discharge from a nursing home, our team can help surviving family members file a wrongful death claim to address funeral expenses, grief counseling, and the pain of losing a loved one.
Why Choose Our Law Firm for Your Case
You have many choices when looking for reputable attorneys in Southern California who can deal with patient dumping and nursing home abuse and neglect. Here are a few key reasons why we believe you should trust Walton Injury Law with your case:
- We Prepare Every Case for Trial: At Walton Injury Law, we don’t pressure you into quick settlements. If the insurance company won’t pay what your case is truly worth, we are fully prepared to take your case to trial and fight for the compensation you deserve.
- Free Legal Consultations: You should be able to speak with a legal professional without paying any fees. During a free consultation, you can share your story, and our attorneys can let you know what steps you can take next.
- Clients Don’t Pay Unless We Win: Walton Injury Law operates on a contingency fee basis. That means clients don’t pay unless we can secure a settlement or win damages in court. If we don’t win, you don’t pay. We’re in this together, and we’re prepared to fight for your dignity.
- Available to You 24/7: We know that emergencies and major concerns can arise at any time of the day. Our law firm takes messages 24/7, and our lawyers will get back to you as soon as we can.
Request a Free Consultation from Our Southern California Elder Abuse Attorneys
If you or a loved one was dumped by a long-term senior care facility in Southern California, the skilled nursing home attorneys at Walton Injury Law can recover damages on your behalf. Our experienced elder abuse attorneys offer strong legal representation backed by decades of successful litigation.
We are happy to provide you with a free and confidential case evaluation. Contact our law firm online or give us a call at (866) 338-7079.