Nursing Home Neglect Elder Abuse Cases in California

Nursing Home Neglect Elder Abuse Cases in California

 

Below is the full information for all steps that a person should follow of the legal procedure for Nursing Home Neglect Elder Abuse Cases in California. There is a view of the legal benefits and non-benefits for plaintiffs.

Elder abuse law in California is focused in EADACPA-Elder Abuse and Dependent Adult Civil Protection Act.

  • EADACPA is used when civil action like physical abuse (assault, force that produce body injury, continual deprivation of food or water, sexual assault, rape, incest sodomy), neglect (failure of person to take care for elders/dependent adults like assisting in everyday needs, clothing, nutrition, to give medical care, protect from health hazards) which cause physical harm and mental suffering.
  • Elder abuse protections apply to any person over 65 years old, for disabled adult (ages 16-64 years), even adults (ages 18-64 years) admitted to an inpatient facility. Any person who brings elder abuse is the case of the above law.

Financial Abuse under EADACPA 

  • The financial abuse under EADACPA is when a person that has the custody of elders or dependent adults takes or keeps appropriating money or property in wrongful use or to defraud them.
  • In an elder abuse case it is necessary to be proved by clear and convincing evidence that the defendant is liable for physical abuse, neglect or financial abuse.
  • In most elder abuse cases that occur in skilled nursing facilities it is critical that the nursing facilities be responsible for the abusive facts of its employees.
    • It is also required that family members should bring an action for negligent infliction of emotional distress.

Dealing with End of Life Care and Elder Abuse Lawsuit 

  • It is recognized that many plaintiffs will die before or during the course of an elder abuse case, so heirs or survivors in an elder abusive case can profit the “post mortem” recovery of pain and suffering damages, maximum limit of $250.000.
  • Plaintiffs should have the ability to pay attorney’s fees .and costs to prove elder abuse.
  • Generally plaintiffs should bring an elder abuse case within a year of the date that they discover an injury from the abuse or in wrongful death caused by a nursing home, the survivors have one tear time to bring the case to lawsuits. It is known that the nursing facility industry is regulated by State and Federal government like the ratio of nursing hours of visits, the temperature of hot water, and other subjects.
    • Also there are legal rights for elders, like protection of personal property, confidentiality of medical records and so many others.

Statement of Deficiency

  • Plaintiffs may use the “statements of deficiency”, presented by the Department of Health which is based on inspections in nursing facilities. Damages recoverable in an elder or dependant abusive case are past medical expenses, future predicted medical expenses, past wage loss. A plaintiff’s spouse can also recover damages for the  ” loss of consortium”, in other words loss of society, love and care that results after spouse injury. Insurance companies play a big role, because if plaintiffs prevail on an elder abuse case, plaintiff’s attorney will be awarded thousands of dollars especially against nursing home chains.

Finally, the legal procedures show that plaintiffs should follow hard and long procedures if they want to prove that there is a case of abuse.

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