We are excited to share that David Kleczek, founder of Kleczek Law Office and a highly respected trial attorney, recently appeared as a guest on the “Simplify Senior Transitions Podcast” hosted by senior transition specialist Dale Corpus. In this insightful episode, David brought his passion and expertise to the crucial topic of what families need to know about elder abuse and neglect, especially in senior living communities, nursing homes, and care facilities. This discussion offers invaluable information for anyone seeking to protect their aging loved ones and understand their legal rights.

You can watch the full interview here: [Link to YouTube Video: “Protecting Seniors in Care — Legal Rights Every Family Should Know with David Kleczek”]

Understanding the Warning Signs of Elder Neglect and Abuse

During the podcast, David emphasized the importance of knowing what to look for, noting that often, when you suspect something is wrong, it probably is. Common signs of nursing home neglect or elder abuse include:

• Bed sores (pressure ulcers), which should ideally never happen with proper care.
• Cognitive decline and confusion that may indicate inadequate hydration, nutrition, or activity.
• High staff turnover, which can lead to inconsistent or poor care.
• Unsanitary conditions in the facility or a loved one’s room.
• Fearfulness or withdrawal in your loved one.

David also highlighted three “big” red flags that commonly result from negligence:

• Pressure ulcers.
• Hip fractures, often due to inadequate fall prevention.
• Pneumonia, frequently caused by malnutrition.

Immediate Steps If You Suspect Abuse or Neglect

If you suspect abuse or neglect, David strongly advises taking immediate action:

• Remove your loved one from the situation immediately and move them to a different place.
• Request their medical chart within 24 hours to prevent potential changes or forgery.
• Document everything using your cell phone to take pictures with timestamps of conditions.
• File a complaint with the California Department of Public Health, who can conduct an investigation that often provides crucial evidence for a case.
• File a complaint with the California Long-Term Care Ombudsman.

Navigating the Legal Process: What to Expect

David outlined the typical process for pursuing an elder abuse case:

1. Free Initial Consultation: This is the first step, offering a no-obligation opportunity to discuss your situation and determine if you have a valid claim. You’ll speak directly with an experienced lawyer, not a paralegal.
2. Investigation and Evidence Gathering: If you choose to hire the firm, they will thoroughly investigate, collecting evidence like police reports, medical records, and witness information.
3. Sending a Demand Package: A demand letter outlining your case and desired compensation, along with supporting evidence, is sent to the defendant.
4. Negotiating a Settlement: Many cases are resolved through negotiation, with attorneys working to achieve the best possible outcome for clients.
5. Filing a Lawsuit: If a settlement isn’t reached, a lawsuit is filed, leading to discovery (exchanging information under oath) and potentially mediation.
6. Trial: While most cases settle before trial (97% of all cases), David prepares every case as if it will go to trial to ensure the best possible settlement.

Understanding Wrongful Death in Elder Care

A significant portion of the discussion focused on wrongful death cases in the context of senior care. David clarified that elder care statutes in California protect individuals over 65 or those unable to care for themselves, regardless of age. If physical, emotional, or financial harm due to fraud, malice, or neglect leads to a loved one’s death, heirs can bring a wrongful death lawsuit.

These cases can seek compensation for the loved one’s suffering and the family’s loss of society and companionship. Furthermore, in cases of serious wrongdoing, punitive damages may be awarded to punish the facility and deter future misconduct.

David also noted that elder abuse cases differ from typical medical malpractice cases in crucial ways, including the potential for recovering attorney’s fees from the other side and different limitations on damages.

Choosing the Right Facility and Avoiding Pitfalls

David offered practical advice for families selecting a nursing home or assisted living community:

• Research online reviews, focusing on balanced feedback.
• Check the California Department of Public Health website and the CMS (Medicare services) website for inspection reports, especially for “immediate jeopardy” situations.
• Inquire about the hours of service per resident (California’s low-end standard is 3.4 hours of nursing time per resident).
• Research who owns the facility and check their other properties for similar issues.

A critical point raised was concerning arbitration agreements: As of 2024, a long-term care facility cannot require you to sign an arbitration agreement, nor can they refuse care if you decline to sign it. While binding, arbitration differs from a jury trial in being private and potentially leading to different outcomes.