ATTORNEY NEWSLETTER
Victims Malnourished, Living In Filth
Basic Care Denied Six Facility Residents
Facility Lacked Staff, Equipment And Proper License
California Attorney General Ron Bonta has made prosecution of elder abuse cases a major priority in the California Department of Justice. From the beginning of his tenure, he has aggressively and successfully championed the rights of older Californians against all types of abusers. One recent prosecution is discussed below. 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 in San Francisco or elsewhere in California, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Convictions Announced By California Attorney General[1]
California Attorney Ron Bonta recently announced that three individuals have been convicted of abusing six “severely disabled” residents at an unlicensed care facility in the State. The six victims’ ages ranged from 32 to 66, and were found malnourished, living in filth and without basic care in a house that need not have the staff, equipment, or licensing needed to care for the residents, Bonta’s office said.
“Caretakers of elderly and dependent adults have the responsibility of protecting their patients’ dignity, safety, and health,” Bonta said. “Instead, the victims … suffered horrific neglect and lack of care at the hands of those who were trusted with their well-being.” One of the defendants is the owner of several hospice companies, including the unlicensed board and care facility where the victims were housed. He faces up to seven years in prison. His assistant, faces up to nine years in prison while a registered nurse at the facility faces up to six months in county jail.
Bonta’s office said the trio were responsible for operating the facility and caring for the residents. When investigators arrived at the location they found residents “housed in squalor” with many of them emaciated and dehydrated.
The owner has been found guilty of four counts of felony elder abuse; his assistant has been convicted of six counts of felony elder abuse; and the Registered Nurse at the facility has been convicted of one misdemeanor count of elder abuse.
Remedies For Victims And Families
The facts in the reported case of abuse and neglect are particularly horrific but nursing home patients can also suffer from negligent or substandard care. Whether the injuries are the result of intentional abuse, neglect 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 San Francisco or elsewhere in California, 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.
