ATTORNEY NEWSLETTER
79-Year-Old Roommate Charged With Murder
Family Sues Nursing Home For Lack Of Supervision
Remedies For Injured Seniors And Families
Sadly, seniors under in-home care or residing in nursing homes or assisted care facilities are at risk of physical and emotional abuse, sexual abuse, neglect, and abandonment. 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 or lack of protection of residents from other residents who may be violent. “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 nursing home neglect or abuse in Santa Clara County or elsewhere in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Lawsuit For Lack Of Supervision[1]
A California family recently announced a lawsuit against a skilled nursing facility after their 98-year-old grandmother was allegedly killed by her roommate. “We trusted them to take care of my grandma, to keep her safe, and they failed miserably,” the victim’s grandson stated. Court documents show his grandmother died two days after being beaten at the nursing home. The coroner determined the cause of death to be blunt force to the head. Court documents show police believe the woman’s 79-year-old roommate beat her with a cane. The family wonders why both women were placed in the same room to begin with. “What was done here is absolutely disgusting and evil,” the victim’s grandson said. “We demand accountability.”
In April 2023, a police report indicated officers responded to the same nursing home to investigate allegations that the same 79-year-old resident tried to strangle another roommate for allegedly making too much noise and not allowing her to sleep. The police report states the woman told a worker, “I’m trying to kill her.’ The family is seeking compensatory and punitive damages. The district attorney is charging the 79-year-old roommate with murder. She is still in jail with no bail.
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 Santa Clara County or elsewhere in the San Francisco Bay Area, 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 any of these reported settlements.
