ATTORNEY NEWSLETTER
94-Year-Old Resident Died After Drinking Cleaning Fluid
Health Worker Charged With Felony Elder Abuse
Unsupervised Victim Left Alone Too Long
Dementia sufferers are extremely vulnerable to abuse and neglect because they may not even be aware of what is happening to them or able to communicate about it even if they are. Cases of intentional abuse or sexual assault or rape of dementia sufferers are particularly horrific. But dementia patients may also be powerless to protect themselves against negligence or neglect as a recent story discussed below illustrates. Dementia patients need to be supervised and monitored; if there is a risk of harm or chance they will wander into danger, serious injury or death may occur. Families of dementia patients need to be vigilant in monitoring the care their loved ones receive and in making sure any facility in which their loved ones reside are qualified to take care of them and adequately staffed. Negligent care, physical abuse and neglect of a dependent person are all grounds for civil liability. Cal. Welf. & Inst. Code §§ 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 Marin or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Assisted Living Facility Death[1]
In a tragic incident reported last year, a 94-year-old man residing at an assisted living facility died after “ingesting toxic chemicals” which led to “a caustic injury to his pharynx, esophagus and stomach” according to the coroner. According to the criminal complaint, an aide at the facility, the aide “willfully caused and permitted” the 94-year-old man to be in a “situation in which his health was endangered.” The man who died suffers from dementia and cannot feed himself. Police are investigating the incident jointly with the California Department of Social Services Ombudsman. The facility, part of a chain of 390 retirement and assisted living locations across the country, is cooperating, officials said. Two other elderly victims at another facility owned by the same group died four days before this victim in a similar fashion.
Evans Law Firm Represents Victims of Elder and Dependent Adult Abuse
The reported story is a tragic and sudden incident. Often, however, injuries occur over time as a result of neglect or negligent treatment of nursing home and assisted living facility patients with dementia, as for example, with bed sores/pressure ulcers, infections, or weight loss and dehydration. Unsupervised dementia sufferers may also wander off from a facility 9a phenomenon known as “elopement”) and be injured in traffic or from exposure to the elements. Always make sure the facility in which your loved one resides is qualified to care for them and visit as often as you can to monitor the quality of care they are receiving. If you have any suspicions whatsoever that your loved one is suffering any kind of abuse or neglect, or that the standard of care is poor, call us. Always act on your instincts. We will pursue any individual responsibility for the abuse as well as their supervising employers, agencies, and owners of the facility in which your loved one resides. Relief includes damages for pain and suffering, punitive damages where available and an award of the attorneys’ fees and expenses you’ve incurred in bringing your case under Cal. Welf. & Inst. Code § 15657.
Contact Us
If you or someone you love is the victim of any neglect or abuse in care facility in Marin 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.
