ATTORNEY NEWSLETTER
Indictment Of Aide For Neglect
Resident Left In Direct Sun For Hours
Suffered Heat Stroke And Burns
About 110,000 Californians live in nursing homes, 150,000 live in other 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. In other words close to half a million older Californians depend on facilities to take care of them. All of these people at one time or another may be at risk of abuse or neglect in varying degrees. Dementia sufferers are particularly vulnerable as they may not even be aware they are in any danger if abandoned or neglected or may not be able to communicate even if they are. 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 Home Aide Indicted For Neglect[1]
In a recently reported case, a nursing home aide has been indicted in connection with allegedly neglecting an elderly disabled person in her care who suffered heat stroke and burns after being left too long in direct sunlight. If convicted the defendant could face three to five years in state prison and a fine of up to $15,000. Prosecutors alleged that back in 2019 the defendant left an elderly disabled person in her care at an assisted care facility in direct sunlight, long enough to cause the resident to suffer heat stroke and second-degree burns on her legs, chest, and arms. The victim’s body temperature reached 106 degrees and while being transported to the hospital, the victim required intubation.
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 older loved ones from neglect or abuse. State investigations take a long time (in the reported case it took 3 years for an indictment to be returned) 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.
