ATTORNEY NEWSLETTER
Physical And Financial Abuse May Go Hand-in-Hand
Case Example
Remedies For Elder Abuse
Elderly patients may be victims of both physical abuse or neglect and financial elder abuse at the hands of the very caregivers they pay to protect them. While there are many caregivers who work earnestly for their patients and are truly compassionate in the care they provide, sadly there are dishonest caregivers who put seniors at risk of abuse. A dishonest caregiver’s physical abuse or neglect of an older patient may be part of the financial abuse scheme as when a caregiver keeps a senior out of it by excessive medication or uses threats of abuse as a way of extorting money or gifts. Or a caregiver may be so fixated on stealing from the senior that actually caring for them means nothing. Whatever the explanation, the combination of physical abuse or neglect and financial elder abuse is a twisted, often fatal nightmare for a defenseless senior. Any form of physical and financial elder abuse constitutes a crime and is the basis for civil liability against the abuser and anyone assisting him or her. See Penal Code § 368 (crime of elder abuse); Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Evans Law Firm, Inc. fights for seniors who are victimized by any kind of abuse including cases where the abuse is frankly across the board. If you or a senior loved one has been the victim of any kind of elder abuse, including neglect, physical, emotional and financial elder abuse in Los Gatos or elsewhere in Santa Clara County or the State of California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Simultaneous Physical And Financial Abuse
In one particularly horrific reported case[1], an elderly woman called 911 for herself and presented at the hospital ER with visible wounds to her legs, and even live maggots in the wounds. The emergency room physician told her that her leg might have to be amputated. According to police, the woman’s caregiver was not there when her elder charge called 911, and the victim later told investigators she’d been alone in the house for several days prior to hospitalization. She said she’d lain in bed for several days, soiling herself, before calling 911 in extreme pain. While she was hospitalized, her son and daughter-in-law accessed her bank account to make some transactions on her behalf, and they identified $4,780 in unexplained transactions made in the elderly woman’s bank account. Security video footage allegedly showed the caregiver using the victim’s debit card to withdraw money from an ATM while the woman client was in the hospital after the caregiver had allegedly abandoned her for days. The caregiver was arrested and charged with fraudulent use of another person’s PIN 10 or more times within 180 days, theft, fraudulent use of a credit card and criminal mistreatment. Charges are still pending.
Pursuing Parties Responsible For Elder Abuse
Whenever you suspect any type of abuse of an older loved one, neighbor, or friend, report suspicions of elder abuse to the police and Adult Protective Services immediately and call qualified elder abuse counsel. Official reporting is important, but victims and families should pursue all civil remedies available to senior victims under California elder abuse law, and the public authorities cannot prosecute those civil claims for you. Such claims might include claims against the agency or nursing home who employed an abusive caregiver, for example. Our lawyers handle elder abuse cases of all varieties and know the remedies and extra damages to which you or your victimized loved one is entitled. Our lawyers also understand that multiple parties may share in responsibility for any abuse. In addition to all legal and equitable remedies, California courts also award attorneys’ fees to victimized seniors in certain cases and this can ease the burden of bringing a suit. Cal. Welf. & Inst. Code § 15657.5.
Contact Us
Ingrid M. Evans and Evans Law Firm, Inc. represent seniors and their families in Los Gatos or elsewhere in Santa Clara County and throughout California in bringing lawsuits against any persons or businesses responsible for the abuse. Ingrid and our other elder abuse attorneys can be reached at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in any way.
