What does the law consider to be “dehydration” and “malnutrition?”
Dehydration occurs when you use or lose more fluid than you take in, and your body doesn’t have enough water and other fluids to carry out its normal functions. Dehydration can lead to confusion, low blood pressure, constipation, urinary tract infections, electrolyte abnormalities, and, in severe cases, organ failure or death. Malnutrition likewise can cause weakness, muscle loss, and impairs the body’s ability to maintain its normal function. Because nursing home residents are at risk for dehydration and malnutrition, facilities must assess each resident’s risks, monitor weight and food and fluid intake, provide necessary assistance, and promptly investigate signs such as weight loss, reduced urine output, weakness, or confusion.
How does Dehydration & Malnutrition occur in a nursing home?
Dehydration and malnutrition are more likely to occur in residents with dementia and/or Alzheimer's disease. Why? Because it’s not enough to just provide food and fluids for those residents, they often need active, one-on-one assistance with eating and drinking. Unfortunately, too often, staff do not take the time to make sure a resident gets enough to eat or drink. This may not seem like neglect one meal or shift at a time, but it adds up over time. Understaffing is frequently a root cause; when staff are overworked and there is high turnover, staff are more likely to skip spending the time needed to make sure a resident eats and drinks.
Abuse and neglect are not always obvious at first.
Warning signs may include:
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Unexplained injuries, bruises, or fractures
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Repeated falls or injuries the facility cannot clearly explain
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Pressure sores or wounds that worsen over time
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Dehydration, malnutrition, or sudden weight loss
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Poor hygiene, soiled clothing, or unchanged bedding
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Medication errors or missed doses
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Infections or untreated medical concerns
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Sudden changes in mood, behavior, or alertness
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Fearfulness around certain staff members
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Delayed, vague, or inconsistent answers from the facility
Where We Practice
We proudly represent clients throughout California. Elder abuse cases are investigated where they happened, and typically litigated in the courthouse and county where the facility operates. We have deep familiarity with the local systems throughout the state.
Pursuing the justice your loved one deserves
When a facility fails to meet its legal obligations, California law provides a meaningful framework for accountability. The Elder Abuse and Dependent Adult Civil Protection Act gives victims and their families the right to pursue:
Compensatory damages for actual costs incurred by the harm caused.
Enhanced remedies, including pre-death pain and suffering, attorney's fees, and costs of suit.
Punitive damages that are not available in standard negligence cases. That distinction matters enormously in terms of accountability and case value.