Legal Options for Victims of Subacute Care Facility Abuse in California

Subacute care facilities play a critical role in California’s healthcare system. They provide specialized care for patients who need more medical attention than a traditional nursing home can offer but do not require the intensive services of a hospital. While these facilities are essential for many families, they also present serious risks for abuse and neglect. When abuse occurs, victims and their families have important legal rights and options.

At Peck Law Corporation, we are dedicated to protecting vulnerable patients and holding negligent facilities accountable.

​What Is a Subacute Care Facility?

​A subacute care facility is a specialized healthcare setting designed for patients who no longer need the intensive, round-the-clock monitoring provided in hospitals but still require more complex medical care than what traditional nursing homes offer. These facilities occupy a critical space within the healthcare system, bridging the gap between acute hospital care and long-term custodial care.

Patients in subacute care facilities often have conditions such as severe respiratory issues requiring ventilator support, complex wound care needs, or recovery requirements following major surgeries or traumatic injuries. Unlike nursing homes, which primarily focus on custodial support and assistance with daily activities, subacute care facilities are staffed with medical professionals trained to deliver specialized therapies, advanced monitoring, and transitional care.

This model exists because not every patient leaving a hospital is ready to return home or move into a standard nursing facility. Subacute care facilities are designed to meet these patients’ needs, ideally helping them recover and regain independence.

Risks and Vulnerabilities in Subacute Care Facilities

While subacute care facilities provide essential services, residents are particularly vulnerable to abuse and neglect. Their reliance on medical devices, therapies, and specialized care makes them dependent on staff for survival and quality of life. Unfortunately, systemic understaffing, profit-driven management, and inadequate oversight can lead to serious harm.

Some of the most concerning risks include:

•       Physical neglect: Residents may be left unattended, improperly repositioned (causing bedsores), or deprived of hygiene assistance.

•       Medical negligence: Failure to monitor vital signs, mishandling of medications, or neglect of respiratory care can result in life-threatening complications.

•       Emotional abuse: Patients may suffer verbal mistreatment, intimidation, or social isolation, eroding their dignity and mental health.

•       Improper discharges or patient dumping: Vulnerable residents are sometimes discharged without adequate planning, often to save money or free up beds, leaving families scrambling to secure appropriate care.

For victims and families, these abuses are not only devastating emotionally but can also lead to irreversible physical harm or even death.

​California Laws Protecting Residents of Subacute Care Facilities

California has robust legal protections designed to safeguard residents of subacute care facilities from mistreatment. These include:

•       California Health and Safety Code § 1430(b): Grants residents the right to sue facilities that violate their rights.

•       Elder Abuse and Dependent Adult Civil Protection Act (EADACPA): Protects residents who are elderly or dependent adults from physical abuse, neglect, or abandonment, allowing victims to pursue damages.

•       California Patient’s Bill of Rights: Guarantees fundamental rights, such as receiving adequate medical care, being treated with dignity, and freedom from abuse or neglect.

•       Federal Nursing Home Reform Act (FNHRA): Although directed primarily at nursing homes, many provisions apply to subacute facilities that receive federal funding, ensuring residents’ rights to safe, quality care.

These laws underscore the state’s recognition that residents of subacute care facilities deserve both respect and protection from harm.

​Legal Options for Victims and Families

When abuse or neglect occurs in a subacute care facility, families often feel overwhelmed and unsure where to turn. Fortunately, several legal avenues are available in California.

Filing Administrative Complaints

Victims or their families can file complaints with the California Department of Public Health (CDPH) or the California Department of Aging’s Long-Term Care Ombudsman Program. These agencies can investigate the facility, impose fines, and order corrective action. While this may not provide direct compensation, it can help prevent further harm to others.

Pursuing Civil Lawsuits

Under California law, victims can file civil lawsuits against subacute care facilities for abuse, neglect, or wrongful death. Claims may seek damages for medical expenses, pain and suffering, emotional distress, and, in severe cases, punitive damages designed to punish reckless or intentional misconduct. Civil lawsuits are a powerful tool to hold facilities accountable and push for systemic change.

Compensation for Damages

Victims and their families may be entitled to compensation covering:

•       Costs of additional medical treatment

•       Pain and suffering endured by the victim

•       Emotional trauma suffered by the family

•       Loss of companionship in cases of wrongful death

These remedies provide not only financial relief but also a sense of justice for the harm endured.

The Importance of Legal Representation

The legal process can be complex, requiring medical records, witness testimony, and expert evaluations. Facilities often employ aggressive defense strategies, making it crucial to have an experienced attorney who understands both healthcare law and elder abuse statutes.

​How Peck Law Corporation Helps Victims of Subacute Care Facility Abuse

At Peck Law Corporation in Simi Valley, we are deeply committed to protecting victims of subacute care facility abuse throughout California. Our firm has extensive experience with elder abuse, dependent adult neglect, and complex medical negligence cases, giving us the insight and skill needed to pursue justice in even the most challenging circumstances. We understand the unique medical and legal issues victims face, and we know how to build strong cases supported by expert testimony and thorough investigation.

Our team has a proven track record of securing meaningful results for clients, holding facilities accountable when they violate patient rights or fail to provide proper care. Just as importantly, we treat every client like family, offering not only legal representation but also the guidance and emotional support they need during such a difficult time. We are relentless in our commitment to justice, fighting tirelessly to obtain fair compensation for victims while ensuring that negligent facilities face the consequences of their actions.

​Take Action to Protect Your Loved Ones. Contact Peck Law Corporation Today

Abuse in a subacute care facility is never acceptable, and no family should suffer in silence. California law provides strong protections for victims, but those protections only matter when families are empowered to act. Filing complaints, pursuing lawsuits, and demanding accountability can protect not only your loved one but also countless others at risk.

If you or someone you love has experienced neglect, abuse, or wrongful discharge in a subacute care facility, know that you have options—and you do not have to navigate them alone.

Contact Peck Law Corporation today for compassionate, experienced legal guidance. Our team is ready to listen, investigate, and fight for the justice and compensation your family deserves.

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FAQs

• How can I report suspected abuse in a subacute care facility?

  You can file a complaint with the California Department of Public Health or contact the local Long-Term Care Ombudsman. In urgent cases, families should also contact law enforcement to ensure immediate safety.

• Can families sue a subacute care facility for abuse or neglect?

  Yes. Families may pursue civil lawsuits seeking compensation for medical costs, pain and suffering, emotional trauma, and in some cases, punitive damages. Legal action also helps hold facilities accountable for systemic failures.

• What evidence is needed to prove abuse or neglect?

  Evidence may include medical records, photographs of injuries, witness statements, or documentation of complaints. An experienced attorney can gather and analyze this evidence to build a strong case.

• How long do I have to file a lawsuit for subacute care facility abuse in California?

  In most cases, the statute of limitations for elder abuse or neglect claims in California is two years from the date of injury or discovery. However, certain factors may extend or shorten this timeline, making it important to consult a lawyer promptly.