As recent wildfires began to spread quickly in various parts of Los Angeles County and throughout Southern California, many residents of nursing homes and assisted-living facilities in affected areas were evacuated. According to data from the California Department of Public Health, nearly 1,000 residents of nursing homes and residential care facilities for the elderly (RCFEs) were evacuated as a result of fire risks. At the same time, not all facilities took steps to evacuate residents or to account for resident safety.
Indeed, a recent report from NBC Los Angeles described a 96-year-old nursing home resident in her room who could see the Eaton Fire burning nearby, outside her window. The facility where that resident lived had been evacuated, but she was left in her room. Other similar news stories told of residents in Southern California left behind in nursing home evacuations, or unable to leave nursing homes where evacuations did not occur properly. What duties do nursing homes and assisted-living facilities owe residents in the event of wildfires or other environmental hazards? Consider the following information from our Los Angeles County nursing home negligence lawyers.
Nursing Homes Must Have Preparations for Safe Evacuations
California long-term care facilities must have an external disaster plan in place, which must include plans for evacuating residents in the event of an environmental hazard or disaster such as a wildfire. According to the California Department of Public Health (CDPH), each nursing home is required to have an external disaster plan that “must address those types of emergencies relevant to the facility, its geographical location, and the needs of the individuals served.” The CDPH underscores that each nursing home’s external disaster plan must “be broad enough to address all possible hazards,” including wildfires, flooding, safety procedures in the event of a power outage during extreme temperatures, earthquakes, and more.
Nursing homes have a duty to practice the plan, and they must run external disaster drills with staff members at least twice per year. As part of the plan, staff members must have a plan for ensuring that residents are safely evacuated from the property, that they have essential medications and medical supplies, sufficient food and water, oxygen if necessary for residents who require it, and systems for preparing food and water, and maintaining hygiene. Every external disaster plan must have procedures in place for ensuring that nursing home residents can receive emergency transfers where necessary.
Injuries Due to Wildfires in Southern California
In environmental disasters like the recent wildfires, nursing home residents can sustain serious injuries associated with the fires if evacuations do not occur in a timely manner, including burns, heatstroke, and smoke inhalation. In addition, residents can suffer harm if they are not evacuated properly, which may include broken bones, infections, or harm due to lack of essential medications or improperly administered medications.
If skilled nursing facilities do not adhere to all of the requirements set by state law, including those discussed above as well as more requirements specified under California law, they can be liable for harm that occurs. According to a study in the Journal of the American Geriatrics Society, an assessment of California nursing homes from 2017 through 2019 revealed that nearly 84 percent of facilities had at least one “emergency preparedness deficiency,” and many had more than one. The study also reported that “California nursing homes at heightened risk of exposure to wildfires have poorer emergency preparedness than unexposed facilities.”
Contact a Los Angeles County Nursing Home Negligence Attorney Today for Help
The recent wildfires that affected large areas of Los Angeles County resulted in serious injuries to many people, including older adults in nursing homes and assisted-living facilities in the region. If you have any questions or concerns about holding a facility accountable for an elderly loved one’s injuries, it is important to seek advice from a Los Angeles County nursing home negligence lawyer as soon as you can. Contact the Walton Law Firm to discuss the details of your elderly loved one’s case and to find out more about filing a nursing home claim.
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