California Personal Injury Law Firm

877-742-5290 15139 Woodlawn Avenue
Tustin, California 92780

Home Cell Phone Accidents ATV Accidents Yamaha Rhino Injuries Auto Accidents Wrongful Death Products Liability Premises Liability Malpractice Sexual Abuse Elder Abuse Attorneys FAQs

California Elder Abuse and Nursing Home Neglect Injury Attorneys

Nursing Home, Hospital, Skilled Care Facility, or Private Caregiver
Because of their frail state, elderly and dependent people may not be aware that they are being neglected or even abused. This may be due to the abuse itself, such as improper medication, or worse, because of the abuser taking advantage of an elderly person’s diminished mental state. The victim may be simply unable to fight back against the abuser due to the abuser’s physical strength or even out of fear that the abuse will get worse.

It is important for family members to be on the lookout for signs of abuse in order to help get their elderly loved ones out of this situation. If you or someone you love has been a victim of abuse or neglect, contact one of our caring and experienced elder abuse lawyers for a free confidential case review.

Elder and Dependent Adults Protected
In order for someone to fall under the protections of the California Elder Abuse and Dependant Adult Civil Protection Act they must either be an elder or a dependant adult. An elder is any person 65 years or older. A dependant adult is a person between the ages of 18 and 64 who has limitations that restrict their ability to carry out normal activities. Restrictions can include physical or mental disabilities. Dependant adults can also include people of the same age who are admitted to hospitals for at least an overnight stay.

Neglect Causing Injury
Neglect can be found where the person who had custody of or care of the elder or dependant adult failed to use the amount of care that a reasonable person in a similar position would have used. Also, it must be shown that the elder or dependant adult was actually harmed and that the person who had custody or care of them was the cause of that harm. Some examples of neglect are failure to provide food, clothing, shelter, medical care (physical and mental), personal sanitary conditions or protection from hazards.

Abuse Causing Injury
Elder abuse can come in many different forms, from financial abuse to actual physical abuse. Physical abuse of elders is an unfortunate reality. Thousands of elders are abused every year because of their frail state or dependency on the abuser. In many cases of elder abuse it is their caretaker or even family member that harms them. Sometimes abused elders are afraid to speak up about the abuse because of fear of retaliation or that no one will believe them. Those who suspect that one of their loved ones or even a casual acquaintance, such as a neighbor, is being abused should not allow abuse to go unreported. Types of physical abuse include assault, battery, depriving the person of food or water or physically constraining them, misuse of medicine or other chemicals to punish the person, and unwanted sexual advances or unwanted touching.

Signs of Abuse or Neglect
Elderly persons may be unable to communicate that they have been abused because of fear of being abused further, fear that no one will believe their story or even lack of knowledge because they may be subdued and not actually remember the abuse. Numerous abuse cases go unreported because people may simply shrug off signs of abuse thinking that it could not occur with someone that they love. Typical signs of abuse and neglect include:

• Numerous arguments between the elder and the possible abuser or the number of arguments increasing between them.
• Changes in the behavior of the elder including being withdrawn, uninterested in activities that previously interested them, lack of emotion, or general negative mood changes.
• Excessive nervousness or not wanting to talk in front of their caretaker.
• The caretaker not allowing you to see them alone.
• More than the prescribed amount of medication being taken or explained amounts of medications being given.
• Improper clothing for time of year.
• Broken glasses or torn clothing.
• Unexplainable bruises or marks.
• Bed sores.
• Unsanitary living conditions.
• Sudden weight loss, malnutrition, or dehydration.

Contact a California Elder Abuse Lawyer
If you or a loved one has been the victim of elder abuse, it is important to speak with an experienced attorney right away. A California elder abuse lawyer can not only help you understand your rights, but help you protect your rights and obtain justice. The longer you wait to contact one of our attorneys, the more difficult it may be to build a successful case.

Call 877-742-5290 to discuss your situation with a California elder abuse lawyer today.

 

CONTACT US

Name

Phone

Email

Your message

RECENT VERDICTS
& SETTLEMENTS*