Elder Abuse and Elder Neglect Laws in CaliforniaElder abuse including nursing home abuse and residential elderly care neglect is becoming more and more common. With the age increase amongst baby-boomers, the number of persons checking in to elder-care homes is on the rise. As a result the number of such homes is also increasing, which has also brought to light the various abuses suffered by occupants at such institutions. Elderly members in such communities are unable to vocalize their injuries. They fall victim to predators and others are such facilities, who negligently operate or run these facilities. If you feel that your loved one is a victim of such abuse, speak out. Consult with local law enforcement and contact an attorney. It is important to understand your rights. If you find the information in this article helpful, contact our offices today for a free case evaluation.
What is Elder Neglect?Elder neglect is defined in two ways; (1) failing to exercise a reasonable degree of care, when in custody of the party; (2) failure to exercise proper self care. This can include any of the following:
- Not providing proper personal hygiene;
- Failure to provide clothing,
- Failure to provide food;
- Failure to provide shelter;
- Failure to provide medical care;
- Failure to protect from health and safety hazardous or hazardous conditions;
- Failure to avoid or prevent instances of dehydration or malnutrition.
- Financial abuse is considered taking or appropriates the real or personal property of an elder or an adult for a improper or wrongful purpose with the intent to defraud.
- Helping, aiding or assisting the taking or obtaining of any real or personal property of an elder or dependent adult with the purpose or intent to defraud.
Nursing Home/Hospital Liability Under Elder Abuse ActLiability will be imposed under the Elder Abuse Act if they establish that (1) there was a basic responsibility to care for the needs of the victim. Such needs including hygiene, health, shelter and other basic necessities; (2) the defendant was aware of the conditions that made the elder or dependent adult unable to provide for himself; and (3) withheld goods or services needed by the elder. A nursing home will be found liable in caring for an elder, when they fail to do the duties imposed by them by regulation or law. Under the Dependent Adult Supervision Act courts have found both skilled nursing facilities and hospitals liable when they neglect their patients. Courts have found health care providers liable when they assume care or custody of the elderly patient, but fail to render proper service.
The Ultimate Guide to Nursing Home Neglect & Elder Abuse– Elder Abuse Attorney Los Angeles
– Nursing Home Neglect
– Emotional Elder Abuse Attorney
– Bed Sore Attorney | Elderly Neglect
– Medication Error in Nursing Homes
– What is Elder Abuse?
– Nursing Home Slip and Fall Attorney
– Elder Financial Abuse Attorney
– Elder Abuse Neglect Laws Attorney
– Residential Care Elderly Abuse Attorney
– Who Can Sue For Elder Abuse?
– Elder Abuse Wrongful Death Lawsuit
– Elderly Medical Malpractice Attorney
– Bed Sore Wrongful Death Lawsuit
– Bed Sore Injury Attorney – Nursing Home Neglect
– Different Stages of Bedsores
– Hospital Bed Sore Lawsuit – Can a Hospital be Sued for Patient Neglect
– Nursing home sexual assault
– Infections in Nursing Homes
– Nursing Home Heat Stroke Lawsuit
When a hospital staff or physician acts in a negligent manner they will be liable for neglect. Hospitals have been known to falsify documentation with regards to health records. This act of covering up or concealing pertinent information is sufficient to constitute neglect and fraud. Physicians who conceal the existence of serious issues or falsify or conceal information are found to be in neglect within the meaning of the Elder Abuse and Dependent Civil Protection Act, and are not considered to be exempt. The elder abuse and neglect attorneys at Downtown L.A. Law can help you with your claim. If you or your loved one have been a victim of neglect at a nursing home, skilled nursing facility or hospital contact us today for a free case evaluation.