ATTORNEY NEWSLETTER
Doorbell Camera Footage Captures Alleged Abuse
Accused Of Forcibly Putting Elder In Bed
87-Year-Old Victim
Stories of intentional abuse or wanton neglect/abandonment of seniors in assisted care facilities or nursing homes are difficult to read but abuse is a real threat, particularly for those seniors suffering from dementia. 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 the San Francisco Bay Area, 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 Charges[1]
An aide at an assisted living and memory care facility recently turned himself in to police on elder abuse charges after doorbell camera footage showed him forcibly putting a resident to bed. The affidavit for his arrest warrant states the camera, installed by the 87-year-old victim’s daughter after unexplained injuries, caught defendant in overnight hours, escorting the victim back to her bed. Police said the victim was sitting down when the caregiver pushed her onto the mattress, raised her right leg to begin placing it on the bed, and then performed an “open handed back slap” to her right hip that could be heard on the camera footage. She appeared to yell in pain before he abruptly pulled her right and then left leg onto the bed and removed her shoes. The woman hours later was taken to the hospital for a fall that was not captured on the doorbell camera, according to the affidavit. She was diagnosed with a broken right hip but was deemed too high risk to withstand surgery due to conditions including dementia and fluid in her lungs. She was taken to a nursing facility to receive end-of-life care. Police were later informed of her death. An autopsy report showed the woman had died from complications of blunt trauma to her right lower extremity with a femur fracture.
Remedies For Victims And Families
The facts in the reported case of intentional abuse are hard to read 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. Whether the injuries are the result of intentional abuse or negligence, we believe owners, administrators, and individual staff members should be held accountable for any neglect or abuse which 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 the San Francisco Bay Area, 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.
