ATTORNEY NEWSLETTER
Risk Of Abuse In Nursing Homes And Other Care Facilities
Recent Case Examples
Remedies For Injured Victims And Families
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 Examples Of Nursing Home Abuse Allegations[1]
Two recent examples of nursing home abuse have been in the news recently:
In the first case, three employees of two long-term care facilities were indicted for neglect, criminal restraint, and assault. Following an investigation by authorities the three employees at an Alzheimer’s care facility were indicted for alleged physical restraint and bodily injury to a 93-year-old patient. They also allegedly failed to make required wellness checks, but noted in the patient’s records that she was checked every 30 minutes.
In a second case, an employee at a care facility allegedly sprayed a nursing home resident in the face with bleach, causing serious bodily injury. The aide is also alleged to have injured the victim by roughly undressing her and pulling her hair.
According to the press release associated with these two cases, cases of nursing home abuse and neglect often go unreported or mishandled, making legal intervention crucial in protecting the rights and dignity of residents. Families who suspect their loved ones may have suffered similar mistreatment are encouraged to seek legal advice promptly to safeguard their rights and explore avenues for justice.
Remedies For Victims And Families
The facts in the reported cases of intentional abuse are 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 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 cases 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 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. is not involved in either reported 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.”
