ATTORNEY NEWSLETTER
Two Arrested For Felony Abuse Following Routine Search
Elderly Victim Living In Squalor
Appalling Conditions In Victim’s Home
Sadly, seniors under in-home care are at risk of physical and emotional abuse, sexual abuse, neglect, and abandonment even though they are paying for their care. See Cal. Welf. & Inst. Code §§ 15610.05 (definition of abandonment); 15610.63 (definition of physical elder abuse), and 15610.57 (definition of neglect). Victims and families may sue all those responsible for injuries sustained. Recourse can include award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a). Intentional abuse, including sexual assault and rape are particularly egregious but neglect can also be horrendous and indeed fatal as with untreated pressure wounds or dementia patients allowed to wander off premises and be injured outside a facility. Neglect is a particular form of elder abuse in California. “Neglect,” as defined in the Elder Abuse Act, includes:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
Cal. Welf. & Inst. Code § 15610.57.
If you or a loved one is a victim of nursing home neglect or abuse in Alameda County or elsewhere in Northern California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example[1]
During a recent routine search, one local county’s probation officers entered the home of an older adult who was being severely neglected by his caregivers. Photos of the older adult’s living conditions show various clutter, disrepair, and graffiti on the home’s walls. Conditions shown on the photos showed trash and clutter in every room of the older person’s home. The senior’s mattress was on the floor and surrounded by filth and garbage. The two people reportedly in charge of caring for the older adult were arrested and charged with felony elder abuse. One individual was also arrested for possession of meth and drug paraphernalia, while another had active warrants.
Preventing Neglect Of Older Loved Ones
If you have a loved one who has suffered any kind of abuse or neglect, call us. Do not let warning signs like bruises, or personality changes, or silence pass by unnoticed. Always act on your instincts and call us if you suspect any problem. We know how to investigate cases of physical (and financial) elder abuse and how to pursue all remedies available under California law which include holding supervisors and owners responsible for neglect and abuse by aides working for their agencies. Awards may include attorneys’ fees and expenses you’ve incurred in bringing your case. We will hold all parties responsible for the abuse to count, including owners of home health care agencies and owners, administrators and supervisors in nursing homes and other care facilities.
Contact Us
If you or someone you love is the victim of any neglect or abuse in care facility in Alameda County or elsewhere in Northern California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the reported case.
