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Can A Nursing Home be Sued for Abandonment of Elderly Resident

Can A Nursing Home be Sued for Abandonment of Elderly Resident The aging of the population had resulted in an influx on elderly residents in nursing home and long term care facilities across the county. The result has been an increased risk of acts of violence and elder abuse by nursing home staff against residents. Abandonment is the act of abandoning a person over the age of 65 or a person between the ages of 18 and 65 who is not able to take care themselves without a justified reason resulting in an increased risk of physical and psychological harm. Though abandonment and isolation of the elderly in nursing homes does not receive as much attention as other cases of elder abuse its can cause serious harm both physically and emotionally. Elderly individuals who are willfully abandoned can suffer from a myriad of health issues including
  • Bed sores – pressure ulcers
  • Emotional trauma – including depression and PTSD
  • Viral and bacterial infections
  • Lack of medical attention when required
  • Death resulting from abandonment and isolation

State and Federal Laws for Protection of the Elderly Against Forced Isolation and Abandonment:

Lawsuit Information - Elder Abuse AttorneyOver the past several year state legislatures have passed strict laws meant to protect the human right and dignity of senior citizens.

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Legal Definition of Abandonment Cal. Pen Code 15610.05: California Penal code defines abandonment of the elderly as, “the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Cases of Elder Abandonment Should Be Reported to Proper Agencies: For example the state of California recently expanded the breadth of its elder abuse laws and now mandates certain individuals to report known and suspected cases of elder abuse which also included cases of abandonment, isolation and neglect. Filing a Lawsuit: Abandonment of the elderly is considered elder abuse under the eyes of federal and state laws. Victims of elder abuse have the right to seek compensation from at fault parties including nursing home staff, employees, operators and owners. If your loved one or someone you know has suffered from a case abandonment or isolation contact our elder abuse legal center by calling toll free (855)385-2529. All consultations with one of our qualified attorneys are free of charge and completely confidential.

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