ATTORNEY NEWSLETTER
What is nursing home abuse?
Sadly, seniors in assisted care facilities and nursing homes are at risk of abuse and neglect in a variety of forms which we collectively refer to here as nursing home abuse. Often the abuse is intentional physical abuse, overmedication, emotional abuse or even sexual assault and rape. All of these heinous forms of abuse constitute physical elder abuse under the law. In addition to injuries from intentional physical abuse or assault or sexual assault or rape, injury by negligence, neglect and abandonment are also actionable forms of elder abuse. See Cal. Welf. & Inst. Code §§ 15610.05 (definition of abandonment); 15610.63 (definition of physical elder abuse), and 15610.57 (definition of neglect).
Who can be held responsible for nursing home abuse?
Victims and families may sue all those responsible for injuries sustained. Recourse can include an award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a). Any staff member or supervisor (like the director in the reported case) who sees or learns of abuse or neglect is required to report it. Cal. Welf. & Inst. Code § 15630.[1] 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 If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility here in Los Angeles or elsewhere in Southern California, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
What is a case example of nursing home abuse?[2]
In one gruesome case of nursing home abuse recently in the news, a couple has been arrested following an elder abuse investigation in Los Angeles County that led to the rescue of at least 11 elderly patients who authorities say were malnourished and neglected. Neighbors called it the “house of horrors.” “In the middle of the night, we would hear just yelling coming from that house, just saying like, oh I’m screaming here because nobody cares,” said one neighbor. Detectives said the arrested couple ran the abusive elder care operation with no license while committing fraud. When police responded to a call at the house, they found the elderly patients malnourished and neglected.
“The victims were malnourished. The houses were unkept, some of the victims were left in their feces and urine and were just in need of medical attention,” said a police department spokesperson. “We went to several locations in one city. We rescued multiple people.” The owners were arrested on charges of elder abuse and fraud. Investigators said the facilities were not licensed.
What are the remedies for nursing home abuse?
. 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. 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 Los Angeles or elsewhere in Southern California, contact Ingrid M. Evans at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:[email protected]”>[email protected]</a>. Our toll free number is 1-888-50EVANS.
[1] Section 15630 reads: “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter.”
[2] Evans Law Firm, Inc. was not involved in the case in any way. The case was recently reported on by a local television station.
