ATTORNEY NEWSLETTER
Risk Of Abuse And Neglect In Nursing Homes
Nursing Home Abuse Lawsuit Settlements
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. Neglect is a particular form of elder abuse in California. “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).
Examples Of Nursing Home Lawsuit Settlements[1]
Nursing home lawsuit settlement amounts vary based on the unique factors in each case. Learn about notable examples of nursing home neglect settlement cases below.
$13 Million Wrongful Death
The family of a former judge was awarded this settlement after nursing home staff failed to give him antibiotics for an infection he was battling. The infection ended up taking his life.
$8 Million Sexual Abuse
A resident received this settlement after being repeatedly raped by a staff member. The care facility fired the staff member when they discovered the sexual abuse. He was later arrested, but the unthinkable damage had already been done.
$6.75 Million Sexual Abuse
An 86-year-old woman received this amount after being sexually abused by another nursing home resident. She won a court trial against the assisted living facility but later settled.
$1 Million Wrongful Death
Family members received this wrongful death settlement after an 89-year-old woman died from a fall in a nursing facility. Since she was considered a high fall risk, the staff was supposed to use an alarm that sounded if she got up. However, they failed to turn on the alarm and didn’t get her to the hospital fast enough, resulting in her death.
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.
