ATTORNEY NEWSLETTER
Abuse Of Barricaded, Disabled Man
Two Caregivers Charges With Failure To Report
Caregivers Charged With Murder, Elder Abuse, And Neglect
Stories of intentional abuse of dependent adults can be difficult to read. A few weeks ago, we wrote on one such case where an elderly victim was beaten and left on the floor to die. Sadly, another horrific case has come to light as described below. Fortunately, the victim did not die but the torture he was subjected too was truly horrendous. Cameras caught this latest case of abuse. For the rules regarding installation of surveillance cameras in nursing homes in California, see our blog on the subject: https://www.evanslaw.com/san-francisco-nursing-home-abuse-attorney-surveillance-cameras-in-nursing-home-rooms/. 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. If you or someone you know is a victim of nursing home abuse, call the attorneys at Evans Law Firm today at 415-441-8669. Our toll free number is 1-888-50EVANS.
Recent Example Of Intentional Abuse Of Dependent Adult[1]
In a recently reported case, three employees of a care facility were arrested after a State Attorney General’s Office said an intellectually and physically disabled victim was abused. The incident happened earlier this year. According to the Attorney General’s office, three staff members were seen barricading the hallway to the common room, capturing the victim behind the barricade. The AG’s office said one staff member was seen spraying disinfectant cleaner on the resident. According to investigators, the caregiver sprayed the victim in the face and on her body with a disinfectant spray “in order to restrict the victim’s movements inside the facility.” Two other caregivers allegedly saw the abuse and didn’t report it, the attorney general said. The caregiver who sprayed the victim with disinfectant is charged with abuse of a vulnerable adult. The other two caregivers are charged with failure to report abuse of a vulnerable adult.
Remedies For Victims And Families
The facts in the reported case are particularly 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 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 case or negligence, we believe owners, administrators, and individual staff members should be held accountable for any neglect or abuse that results 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 story 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.”
