ATTORNEY NEWSLETTER
Victims Were 75 and 83
Both Bodies Found In Room In Facility
Live-In Caretaker Arrested
In a tragic story reported recently in the Los Angeles Times, two elderly women living in a dementia facility have been found dead in a room of the facility and a live-in caretaker there has been arrested in their deaths. Although this particularly gruesome story is a rare occurrence, seniors in assisted care facilities and nursing homes are at risk of abuse and neglect in many facilities. 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). 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. If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility in Orange County 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).
Arrest In Deaths Of Facility Residents[1]
In a recently reported case, a staff member at a dementia care facility in Southern California was arrested on suspicion of killing two elderly women under his care, authorities said. The facility was an assisted-living facility located in a four-bedroom suburban home, according to detectives. Two “extremely elderly women … were found in a room within the house,” police said. Paramedics came and attempted to provide aid, but both women died at the scene. Their manner of death was under investigation, but a police spokesperson dismissed online reports of a shooting. “Nobody was shot,” he said. The live-in caretaker at the facility was arrested and booked on suspicion of killing both women. The home has space for up to six residents, according to state records; four other residents at the home were not harmed, police said. The slayings were a shock to the quiet neighborhood where the facility was located.
Remedies For Victims And Families
The facts in the reported case of intentional abuse 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 resulting 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 Orange County 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 case 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.”
