ATTORNEY NEWSLETTER
88-Year-Old Dementia Patient Dead From Exposure To Cold
Found Dead Half A Mile From Facility In T-Shirt And Diaper
Remedies For Victims And Families
A common and dangerous behavior pattern of dementia patients is wandering away, also known as elopement. Older sufferers still living at home may set off from their home and lose their way, dementia patients in nursing homes and care facilities may leave the premises and disappear. When Alzheimer’s patients are in a nursing home or memory care facility or under the care of in-home caregivers, caregivers and staff can only prevent elopement if they regularly monitor and supervise patients. Many facilities use an alarm system to alert staff when a resident leaves the building. In whatever way the monitoring responsibility is carried out, facilities and in-home caregivers should be held accountable if their negligence or inattention allows a dementia patient to wander off and be harmed. Evans Law Firm, Inc. represents older persons and their families against anyone responsible for failing to adequately supervise. If someone you love has been injured as a result of wandering off from a nursing facility or away from a caregiver in Santa Clara County or elsewhere in Northern California call us today at 415-441-8669, and we can help. We will pursue all persons responsible for a senior’s injury under the Elder Abuse Act, Cal. Welf. & Inst. Code § 15600 et seq. including recovery of attorneys’ fees and expenses for bringing suit under Section 15657 of the Act. Our toll-free number is 1-888-50EVANS (888-503-8267).
Arrests In Death Of Facility Resident*
The owner of a senior citizen care facility center and an employee were recently arrested and charged with elder abuse, causing the death of an 88-year-old dementia patient, per California Attorney General Rob Bonta. The two individuals are accused of letting the elderly male patient walk out in the cold and die from exposure, per a criminal court complaint. According to the complaint, the victim was a dementia patient and was found dead 0.4 miles away from the facility. He was dressed in only a T-shirt and diaper, per the complaint. The criminal complaint alleges that the staff member responsible for his care fell asleep and was unaware of his absence.
“Elders deserve care, respect, and protection,” said California Attorney General Bonta. “Those who are responsible for the care of elderly and dependent adults carry a profound duty to ensure their safety and well-being. At the California Department of Justice, we are committed to standing against any form of elder abuse or neglect, and we will take immediate action to hold accountable those who exploit or harm these vulnerable individuals.”
Remedies For Victims And Families
Dementia patients, like the victim in the reported case, who tend to wander (called elopement) may suffer injury if not monitored. Any staff member or supervisor (like the owner in the reported case) who sees or learns of abuse or neglect is required to report it. Cal. Welf. & Inst. Code § 15630. 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. Cal. 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 Santa Clara County or elsewhere in Northern 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.
*Evans Law Firm, Inc. was not involved in the reported case in any way.
