ATTORNEY NEWSLETTER
Caregiver Facing Abuse Charges
Allegedly Assaulted Disabled Resident
Victim Struck In Face
Hundreds of thousands of Californians live in care facilities ranging from skilled nursing facilities to group homes. Residents are typically seniors or dependent adults with disabilities conditions precluding them from living independently outside a facility. Just like persons under the care of an in-home caregiver or home health aide, all facility residents are potential victims of abuse or neglect. Evans Law Firm, Inc. represent victims of elder and dependent adult abuse in any kind of facility including hospitals, nursing homes or other care facilities or smaller care or group homes. Often the residents of unlicensed facilities are victims of particularly gruesome abuse and neglect as a recent arrest, discussed below, illustrates. Neglect and physical abuse may be criminal and also grounds for civil liability for elder or dependent adult abuse. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.63 (definition of elder and dependent adult physical abuse). Under California law, physical abuse of an elder or dependent adult means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
Neglect is defined as follows:
(a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody
of an elder or a dependent adult to exercise that degree of care
that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to
exercise that degree of self care that a reasonable person in a like
position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(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. No person shall be deemed neglected or abused for the sole
reason that he or she 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.
Our lawyers believe owners, management, administrators and staff should be held accountable for any physical abuse or neglect of an elder or dependent adult. We know how to investigate these cases and sue the responsible parties for all remedies available to victims and their families. If you are a loved one has been the victim of elder or dependent adult abuse in San Francisco or elsewhere in California, call us at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Arrests For Alleged Abuse Of Dependent Adult[1]
A group home caregiver was recently arrested and charged with assault of an intellectually and physically disabled resident of a group home. According to police, the caregiver assaulted the victim by punching him in the face causing a broken nose and black eyes to the disabled man.
In another case, the owner of a group home was arrested for abuse and neglect after police discovered the appalling conditions in which the home residents were living. One resident was reportedly found lying in the garage of the home in a pool of feces. One of the homes contained a single restroom without a working toilet. Mentally or physically ill tenants were left to care for themselves, according to an arrest report, and were left for several days without food. Officers found multiple residents had gone without food and medication.
Evans Law Firm Represents Victims of Elder and Dependent Adult Abuse
If you have any suspicions whatsoever that your loved one is suffering any kind of abuse, call us. Always act on your instincts. We will pursue any individual responsibility for the abuse as well as their supervising employers, agencies, and owners of the facility in which your loved one resides. Relief includes damages for pain and suffering, punitive damages where available and an award of the attorneys’ fees and expenses you’ve incurred in bringing your case.
Contact Us
Ingrid M. Evans can be reached at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. is not involved in either reported case in any way.
