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Jan 23, 2023 by |

Marin County Elder Abuse Attorney: Caregiver Indicted For Felony Murder And Elder Neglect

ATTORNEY NEWSLETTER

Licensed Practical Nurse Arrested

Victim Found In “Unspeakable Conditions”

Dies After Weeks In Hospital

Neglect of seniors in nursing homes or even in their own homes at the hands of in-home caregivers can be fatal.  Bed sores and sepsis may rapidly manifest in a neglected patient especially if bedridden or confined to a wheelchair or incontinent.  Bed sores and sepsis can be deadly.  Neglect is a recognized form of elder and dependent adult abuse in California.  Neglect and other forms of elder abuse may be crimes and even if not criminal remain grounds for civil liability of the abuser, anyone assisting them, and anyone in a supervisory role. California Penal Code § 368 and Cal. Welf. & Inst. Code §§ 15610.30 (definition of financial elder abuse), 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse). “Neglect,” under California law, 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.

If you or a loved one is a senior and victim of neglect or abuse in Marin or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).

Caregiver Arrested For Felony Murder And Elder Neglect[1]

In a recently reported case, a caregiver was indicted by a Grand Jury on charges including felony murder and abuse and neglect of a vulnerable adult that resulted in death, according to the local prosecutor. According to reports, evidence showed that the caregiver who is a licensed practical nurse and the stepdaughter of the victim was appointed as Power of Attorney and became the victim’s full-time caretaker in 2020.  Prosecutors say the victim’s health deteriorated between 2020 and 2022, becoming incapacitated and fully dependent on the suspect for his care. Earlier this year, rescue personnel responded to the victim’s residence about a patient asking to go to the emergency room because of pain he was experiencing, authorities say.  Prosecutors revealed that members of the Rescue Squad found the victim “to have numerous bed sores all over his body as well as other unspeakable conditions that exhibited a long term, significant lack of care for [him].”. The victim was taken to the hospital where he received care until his death a few weeks later. A review of the medical records and an investigation report from the Medical Examiner’s office determined that victim’s death was the result of complications from sepsis due to bed sores and a urinary tract infection, according to prosecutors.  Following indictment for felony murder and elder neglect, the suspect is being held without bond pending trial.

Preventing Abuse And Neglect Of Older Loved

If your loved one needs in-home care always do a background check on any caregiver before he or she enters the home. Visit often, unannounced, 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.  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 Marin or elsewhere in California, 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.is not involved in the reported case in any way.

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