ATTORNEY NEWSLETTER
Charged With Striking Resident On Head, Face, and Nose
Memory Care Facility Resident Was Victim
Legal Remedies For Victims And Families
Evans Law Firm, Inc. represents elderly victims and families in cases of the abuse and neglect of hospice patients and nursing home residents. We pursue all those responsible for the abuse including any owners or administrators and supervisory persons in charge of any caregiver who abuses or neglects patients. Nursing home abuse and hospice patient abuse and neglect are real threats, particularly for those patients suffering from dementia or so sick with terminal illness in the case of hospice patients that they are not aware of what is going on around them. In addition to injuries from intentional physical abuse, 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). Victims and families may sue all those responsible for injuries sustained. Recourse can include award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a). If you have a loved one who has suffered injury due to neglect, abandonment or abuse in a nursing home or care facility in the San Francisco Bay Area, call Evans Law Firm, Inc. at 415-441-8669, and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Arrest In Assault Of Facility Resident[1]
A caregiver was recently arrested and booked on charges of assault of a dependent adult. A joint investigation by the elder abuse task force of the Attorney General’s Office and a local Sheriff’s Office alleges that earlier this summer a caregiver at a memory care center struck a vulnerable adult resident multiple times on the head, face, and nose. The victim, classified as a vulnerable adult under State law, was a resident of the facility at the time of the alleged incident. Any care facility is a mandated reporter of dependent adult abuse under California law. [2]
Remedies For Victims And Families
Dementia patients, like the victim in the reported case, who tend to wander (called elopement) may suffer injury if not monitored. 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.[2] 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. 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 Santa Clara County or elsewhere in Northern California, contact Ingrid M. Evans at Evans Law Firm 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.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
[2] 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.”
