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Aug 31, 2022 by |

Orange County Elder Abuse Attorney: Allegations Of Neglect In Continued Care Facility

ATTORNEY NEWSLETTER

Alleged Abuse And Neglect At Continued Care Facility

74-Year-Old Patient Reportedly Left In Filth And Covered With Bed Sores

Facility Previously Cited For Numerous Health Code Violations

According to State reports, close to half a million California seniors and dependent adults reside in some kind of care facility.  Sadly, those facilities may or may not be able to care for them properly; problems like overcrowding/understaffing, inadequate training, inadequate supervision and even intentional abuse or abandonment are real dangers.  Studies show that the older patients become, the greater the risk of neglect especially among patients suffering from dementia. Any form of elder abuse and certain forms of neglect are crimes and 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 victim of nursing home neglect or abuse in Orange County or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).

Allegations Of Abuse And Neglect[1]

In a recently reported case, An investigation is underway into accused elder abuse at a continued care hospital where the complainant’s74-year-old mother has been left in filth and is covered in bed sores according to the victim’s daughter’s complaint.  The pictures and video taken by the elderly woman’s daughter reportedly show her mother with filth under her nails, matted hair and feet severely cracked with open sores on her toes. The daughter said her mother recently lost almost 20 pounds in one month.  “CNAs [certified nursing assistants] informed my family most recently, as well as myself, that they were not going to feed her because she knows how to feed herself,” she recalled.  “I mean, soiled clothes that were so pungent, that the newly vacated administrator had to close the drawer quickly because the smell and flies just came up,” she said, “I’ve also witnessed mice and droppings in her room.”

Reporters discovered that the local health department has cited the facility for numerous health code violations including that “facility staff failed to provide housekeeping services necessary to maintain a safe, clean, comfortable environment.”  Those surprise inspections also reportedly found patients were “left in urine-filled undergarments.”  According to the report, one patient referencing a nursing assistant told inspectors “she sometimes forgets to feed me.”

Preventing Abuse And Neglect Of Nursing Home Residents

The reported case demonstrates that families of nursing home residents really have to take the lead in protecting their polder loved ones from neglect or abuse.  State investigations take a long time and do not result in recoveries for victims and families.  Always check the license status and Medicare quality of care rating of any care facility before admitting a loved one to it. You can check Medicare ranking at https://www.medicare.gov/ and facility licenses here: https://www.ccld.dss.ca.gov/carefacilitysearch/.

Once your loved one is admitted to a licensed facility, visit often and look for any signs of neglect or abuse such as bruises, pressure wounds/bed sores, bruises, 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 Los Angeles 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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