ATTORNEY NEWSLETTER
Three Caregivers Arrested
87-Year-Old Victim
Died From Gangrene Infection
Sadly, seniors under in-home care are at risk of physical and emotional abuse, sexual abuse, neglect, and abandonment even though they are paying for their care. 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). Intentional abuse, including sexual assault and rape are particularly egregious but neglect can also be horrendous and indeed fatal as with untreated pressure wounds or dementia patients allowed to wander off premises and be injured outside a facility. Neglect is a particular form of elder abuse in California. “Neglect,” as defined in the Elder Abuse Act, 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.
Cal. Welf. & Inst. Code § 15610.57.
If you or a loved one is a victim of caregiver neglect or abuse in San Francisco or elsewhere in Northern California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example[1]
Three caregivers have been charged with aggravated neglect of an elderly vulnerable adult after an 87-year-old woman was hospitalized and later died from gangrene. Reports said that police were dispatched to the woman’s residence in reference to a medical call about an 87-year-old woman who was having trouble breathing and not responding to verbal communication. There were three adult caretakers within the residence who were assisting the victim, reports said, adding that they advised officers of medical conditions and that the patient had not been acting normally for a couple of weeks prior to calling on that date.
Once emergency medical personnel arrived at the scene, officers helped paramedics move the victim from a chair she was sitting in to a stretcher, reports said. Once the blankets were removed, officers and paramedics recalled a strong smell of ammonia coming from the victim, reports said. Reports said officers also observed bed bugs in the chair where the elderly woman was sitting. When she was being moved, an incontinence pad had fallen off that had further exposed open wounds on the victim, reports said. The caretakers were asked when the last time was that the patient had been changed, but no one was able to give an answer, reports said. Paramedics transferred the patient to the hospital where she had stayed for three days before passing away due to her condition and neglect at home, reports said. An autopsy was conducted where it was determined that she had passed away due to a gangrene infection from her gall stones, reports said, adding that she had three pressure ulcers on her buttocks and legs.
Preventing Neglect Of Older Loved Ones
If you have a loved one who has suffered any kind of abuse or neglect, call us. Do not let warning signs like bruises, or personality changes, or silence pass by unnoticed. Always act on your instincts and call us if you suspect any problem. We know how to investigate cases of physical (and financial) elder abuse and how to pursue all remedies available under California law which include holding supervisors and owners responsible for neglect and abuse by aides working for their agencies. Awards may include attorneys’ fees and expenses you’ve incurred in bringing your case. We will hold all parties responsible for the abuse to count, including owners of home health care agencies and owners, administrators and supervisors in nursing homes and other care facilities.
Contact Us
If you or someone you love is the victim of any neglect or abuse in care facility in San Francisco or elsewhere in Northern 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. was not involved in the reported case.
