ATTORNEY NEWSLETTER
Nursing Director And Assistant Arrested
Resident Found To Have Untreated Injuries
State Investigation Took Two Years
About 110,000 Californians live in roughly 1,300 licensed nursing homes, 150,000 live in 7,500 licensed residential care facilities, and 150,000 or more live in unlicensed assisted living facilities that may or may not be able to care for them properly. That’s close to half a million Californians who depend on facilities to take care of them. Sadly, all of these people at one time or another may be at risk of abuse or neglect in varying degrees. Studies show that the older patients become, the greater the risk of neglect especially among patients suffering from dementia. Any form of elder abuse and certain forms of neglect are crimes and grounds for civil liability of the abuser, anyone assisting them, and anyone in a supervisory role. California Penal Code § 368 and Cal. Welf. & Inst. Code §§ 15610.30 (definition of financial elder abuse), 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse). “Neglect,” under California law, 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.
If you or a loved one is a victim of nursing home neglect or abuse in Los Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Nursing Director And Assistant Arrested For Neglect[1]
In a recently reported case, authorities have arrested a director of nursing and assistant director of nursing at a care facility for neglect of an elderly resident. In a criminal complaint filed last week, state investigator said the two suspects examined the unnamed resident based on reports of new bruises on a Monday in April 2020 and “did nothing to treat her.” The following Wednesday, the resident was sent to a hospital where doctors determined she had several serious injuries, including a fractured vertebra and bleeding in her head. Now, the two facility staff members face charges including gross patient neglect, a first-degree misdemeanor. Charges are pending. The victim’s family wonders why it took nearly two years for the state to file charges.
Preventing Abuse And Neglect Of Nursing Home Residents
The reported case demonstrates that families of nursing home residents really have to take the lead in protecting their polder loved ones from neglect or abuse. State investigations take a long time and do not result in recoveries for victims and families. Always check the license status and Medicare quality of care rating of any care facility before admitting a loved one to it. You can check Medicare ranking at https://www.medicare.gov/ and facility licenses here: https://www.ccld.dss.ca.gov/carefacilitysearch/.
Once your loved one is admitted to a licensed facility, visit often and look for any signs of neglect or abuse such as bruises, pressure wounds/bed sores, bruises, scratch marks, weight loss, or behavioral changes that might suggest they are being abused, neglect, or overmedicated. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit under Cal. Welf. & Inst. Code § 15657.5.
Contact Us
If you or someone you love is the victim of any neglect or abuse in care facility in Los Angeles or elsewhere in 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.is not involved in the reported case in any way.
