ATTORNEY NEWSLETTER
Owner Ran Unlicensed Elder Care Facility
Unauthorized Admissions Of Patients
83-Year-Old Patient Dies Of Pressure Wound
Seniors are vulnerable to all sorts of abuse and neglect as they become more dependent on others for care or for managing their finances. The risk of abuse and neglect is present whether a senior remains at home under the care of others or resides in an assisted care or skilled nursing facility. Sometimes, neglect and abuse converge so that an older person falls victim to financial abuse injury from neglect or physical abuse at the same time by an unscrupulous caregiver or facility whose primary interest is taking money from the older person not caring for them. Any form of elder abuse and certain forms of neglect are crimes and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.57 (definition of neglect). In a recently announced sentencing, discussed below, the owner of an elder care facility and several staff members were found guilty of neglect and financial elder abuse of a resident in their facility. If you or a loved one is a victim of financial elder abuse here in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Facility Owner And Staff Sentenced For Neglect And Financial Elder Abuse
In a recently reported case,[1] California Attorney General Rob Bonta announced the sentencing of a facility owner and staff member for their roles in the neglect and death of an 83-year-old veteran at an unlicensed elder care facility. The owner of the facility was sentenced to four years in state prison and the employee was sentenced to two years on one count of felony elder abuse. The complaint alleged that defendants financially abused a deceased resident by charging her for care even though the facility had in fact lost its license, a fact the owner and staff failed to disclose at the time they admitted the patient. The complaint further alleged that once the 83-year-old patient was admitted to the unlicensed facility, he developed a severe pressure ulcer, suffered bruises and lacerations all over his body, and developed acute bronchopneumonia. After the defendants failed to seek medical care for the victim, he ultimately passed away from his condition.
Preventing Abuse And Neglect Of Nursing Home Residents
Always check the license status of any care facility before admitting a loved one to it. You can check any skilled nursing facility’s license here: https://www.ccld.dss.ca.gov/carefacilitysearch/. Once your loved one is admitted to a licensed facility, visit often and look for any signs of neglect or abuse such as bruises, pressure wounds/bed sores, scratch marks, weight loss, or behavioral changes that might suggest they are being abused, neglect, or overmedicated. Monitor all financial accounts of the older person and pay special attention to where their monthly Social Security or pension benefits are being deposited. Never ever allow the senior to give a caregiver or nursing home staff member a Power of Attorney. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit under Cal. Welf. & Inst. Code § 15657.5.
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 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 in any way.
