ATTORNEY NEWSLETTER
Wheelchair-Bound Patient Allegedly Abused
Director Accused Of Cover-Up And Failure To Report
Victim’s Daughter Notified Authorities Of Alleged Abuse
Nursing home residents are almost completely unable to defend themselves against any kind of abuse. They are usually in a facility precisely because they cannot take care of themselves and are dependent on others. Sadly, these seniors are potential victims of abuse or neglect by the very persons and places they are paying to care for them. In one recently reported case, discussed below, a family member of a nursing home resident found her covered with bruises in a dark room when she visited her. 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 here in Los Angeles 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).
Recent Example Of Intentional Abuse Of Facility Resident[1]
Two employees at a senior living facility were recently arrested for elder abuse, and the supervisor of the accused abuser for trying to cover it up. Officials said the victim’s daughter was visiting her in the facility on Christmas Day to take her to lunch. She reportedly found her sitting in a wheelchair facing the bathroom with the lights off. When the daughter turned them on, she saw bruises on her mother’s forehead, both sides of the face, nose and side of the lip, according to reported. Later it was determined she had a brain bleed. “Her eyes were swollen, marks on her face, marks on her neck,” police said. “Her daughter picked her up and was just horrified, and took her straight to the hospital.” The daughter and the hospital reported the injuries to police. That began the investigation into the woman’s caregiver, who initially claimed he knew nothing about the injuries. Detectives brought him in for questioning, but they say it took some time for him to confess to the crime. Police said there was another person not being truthful during the investigation. They arrested the director of the facility for concealing evidence and trying to cover up the beating. Police said she directed the aide to clean up the laundry, bedding and blood in the victim’s room.
Remedies For Victims And Families
The facts in the reported case 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 that results 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 Los Angeles 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 story 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.”
