ATTORNEY NEWSLETTER
Death Following Assault On 78-Year-Old Victim
Surveillance Camera Captures Assault
Aide Attempted To Cover Up Crime
Sadly, seniors in assisted care facilities and nursing homes are at increasing risk of abuse and neglect. Evans Law Firm, Inc. represents elderly victims and families in cases of nursing home abuse and pursue all those responsible for the abuse including any owners or administrators and supervisory persons in charge of any caregiver who abuses or neglects patients. In addition to injuries from intentional physical abuse or assault or sexual assault or rape, injury by negligence, neglect and abandonment are also actionable forms of elder abuse. 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). If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility in Carmel or elsewhere in California, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Sentencing In Pushing Death Of Facility Resident[1]
Earlier this year, an employee of a memory care facility was sentenced to prison for causing the death of an elderly facility resident. According to court records, the staff member was cleaning a 78-year-old dementia patient’s bathroom when the two got in a struggle at the bathroom door. A surveillance camera captured the incident according to the court record. The victim broke his hip and later died in the hospital. The tape allegedly showed the staff member pushing the senior causing him to fall backwards and out into the hall. Police stated the surveillance video showed that the defendant pushed the resident with both hands leading the medical examiner to determine that the death was a homicide. The video showed that the defendant picked up the victim after he fell and put him back to bed which is against facility policy and lead to further medical complications for the victim.
Remedies For Victims And Families
The facts in the reported case of intentional abuse are particularly horrific but nursing home patients can also suffer from negligent or substandard care. A neglected bedridden patient may develop bedsores/pressure wounds which can be fatal or develop sepsis or other infections or suffer from dehydration or malnutrition. Dementia patients who tend to wander (called elopement) may suffer injury if not monitored. Any staff member or supervisor (like the director in the reported case) who sees or learns of abuse or neglect is required to report it. Cal. Welf. & Inst. Code § 15630.[2] Whether the injuries are the result of intentional abuse as in the reported case or negligence, we believe owners, administrators, and individual staff members should be held accountable for any neglect or abuse resulting in injury. Damages include:
- Economic damages where an actual cost has been absorbed such as medical expenses, loss of income, and specialist fees.
- An award of attorneys’ fees and costs in litigating the case. Welf. & Inst. Code § 15657.5.
- Non-economic damages such as emotional trauma, pain, suffering, and loss of a loved one.
- Punitive damages that are awarded as punishment against the defendant and also meant to deter other nursing homes and staff from committing similar neglect or abuse.
Contact Us
If you or a loved one been the victim of nursing home abuse in Carmel or elsewhere in California, contact Ingrid M. Evans at Evans Law Firm 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.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
[2] Section 15630 reads: “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter.”
