ATTORNEY NEWSLETTER
Camera Footage Captures Alleged Assault
Assault And Torture Charges
93-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]
A caregiver at an assisted living facility was hit with assault and torture charges for allegedly beating a 93-year-old woman in her care — with the abuse caught on surveillance video. The aide was charged with vulnerable adult abuse, torture with intent to cause cruel or extreme physical and mental pain, and assault with intent to case bodily harm in the incident at the facility, according to new reports. The alleged assault was caught on a nanny camera placed in the patient’s room by her family members, according to authorities. The aide started to get physical with the victim after she had an accident, the report described. She then allegedly beat the victim with a soiled diaper and attempted to choke her.
“You see the vulnerability of the victim and the fact that she’s getting hit with a 2- or 3-pound soiled diaper,” the local Sheriff told the news outlet. “But that isn’t enough. When she brought her hand across her throat in a chokehold, that can kill people, especially a 93-year-old.”
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.
