Elder Abuse Attorney in Sacramento Talks DPH Complaints
If you or your loved one has experienced elder abuse in a Sacramento nursing home, it is crucial to seek the help of an experienced attorney who specializes in elder abuse cases. At the Law Firm of Sean R. Laird we are dedicated to fighting for justice and protecting the rights of seniors in Sacramento. Our highly skilled elder abuse attorney is here to provide you with the legal representation and support you need during this challenging time.
Understanding Substantiated Allegations in Elder Abuse Cases
In the realm of elder abuse, substantiated allegation from a family complaint play a vital role in establishing a case. On March 16, 2023 the Department of Public Health released a memo clarifying their investigation Process. According to P&P 100.2.01 SNF Abbreviated Standard Survey and Appendix A – Complaint Process, a substantiated allegation refers to an allegation that has been verified by evidence. In other words, it is an allegation that can be supported by factual proof.
To determine the validity of an allegation, evidence can be collected through various sources, including observations, interviews, and record reviews. It is important to note that surveyors from DPH do not necessarily need evidence from multiple sources to substantiate a complaint allegation. There was a lot of confusion about this in the past, as elder abuse lawyers like Sean Laird encouraged DPH to investigate and substantiate complaints against nursing homes. New guidance concluded the following:
The Investigation Process and Reliable Sources of Evidence
Complaints requiring investigation call for a thorough examination of the situation to determine noncompliance, regardless of the source(s) of information. During this investigation, all pieces of evidence, regardless of their origin, are taken into consideration.
One reliable source of evidence in elder abuse cases is Ombudsmen. Ombudsmen are generally regarded as credible sources. If an Ombudsman directly observes or hears something relevant to the case and provides that information to surveyors, it becomes part of the comprehensive evidence considered in the investigation.
The Role of Surveyors and Determining Noncompliance
The primary responsibility of surveyors is to assess whether, based on all the evidence gathered, noncompliance is “more likely than not” to have occurred. This evaluation includes a thorough review of the evidence and appropriate supervisory oversight.
At the Law Firm of Sean R. Laird, we understand the sensitive nature of elder abuse cases and the impact they have on individuals and families. With our experienced elder abuse attorneys by your side, you can trust that we will diligently investigate your case, gather the necessary evidence, and fight vigorously for your rights. Our compassionate and dedicated team is committed to seeking justice for victims of elder abuse in Sacramento.
Contact the Law Firm of Sean R. Laird today to schedule a consultation with one of our knowledgeable elder abuse attorneys about neglect or abuse in nursing homes or assisted living facilities. We are here to provide you with the legal guidance and support you need to protect your loved ones and hold the responsible parties accountable for their actions.