California is faced with a growing population of seniors and dependent adults living in nursing homes and the state has various laws that protect this population from any abuse or neglect. Many of us have watched news stories where videos of seniors being abused are shown, this type of abuse is horrific and can leave a family completely terrorized. There are both civil and criminal laws to protect residents of California from blatant and more subtle abuse.
Beyond cases in which a resident of a nursing home or assisted living home is directly physically abused, California laws provide residents of these facilities numerous rights, when these rights are violated, the resident being abused or neglected may be able to take legal action against the facility.
Our firm has successfully represented numerous families in holding nursing homes and assisted living facilities civilly responsible.
Elder abuse is a crime, and if you suspect a loved one is being physically abused call 9-1-1 and report the physical abuse right away.
Civilly, the laws that protect seniors and dependent adults from various forms of abuse can be found in California’s Welfare and Institutions Code section 15600, in this section you can find various protections described below. You can also call one of our attorneys to discuss your specific situation.
California’s Welfare and Institutions Code section 15600 provides additional protections and remedies to certain individuals. Under the statute, additional remedies and protections are provided for:
The law in California defines abuse broadly. Abuse comes in many forms, California law protects this population from abuse that includes physical abuse, financial abuse, neglectful treatment, and isolation. Many wrongful actions may qualify as abuse, including depriving the elder or dependent adult of care or goods that are necessary to the resident.
There are many forms of physical abuse that are covered under the law, some include battery, unreasonable constraint, sexual assault or rape, and keeping the person without food or water. If you have a question as to whether some treatments qualify as abuse, contact one of our attorneys today to discuss.
Many negligent acts against the elderly or dependent adults are covered under California law, including:
If you are unsure if an act by a nursing home or assisted living home qualifies as neglect, please contact one of our attorneys.
Abuse happens in all sorts of different ways, many families cannot keep constant watch on loved ones in nursing homes or assisted living homes and this is why it is important to be vigilant when visiting to look for some of the common signs of abuse:
Types of compensation for the wrongful death of a loved one are found in the California Code of Procedure § 377.61. The statute as interpreted by various cases over time finds that, depending on the case, there may be compensation for:
If a family member witnessed the abuse or neglect and suffered emotional distress as a result, claims for “negligent infliction of emotional distress” on their behalf might be appropriate and should be investigated by an attorney.
In elder abuse cases, additional recovery can be sought for attorney fees and the decedent’s pain and suffering before death, under Welf. & Inst. Code, § 15657(a).
In California, only certain family members may file a claim for the wrongful death of another. While every case is different, the following family members may have a claim for wrongful death: spouses, children, parents, and siblings. There are some exceptions, if you have questions about whether or not you may file a claim for wrongful death, please contact our firm and ask an attorney directly.
Our firm works on a contingency basis for elder abuse claims, this means your family will not pay anything until there is monetary recovery. This means Corrales Law Group will pay all upfront costs of investigations, hiring of experts, retaining all medical records, etc.
Our attorneys take on elder abuse and elder neglect cases all over California. Our attorneys provide consultations via Zoom meetings, Facetime, Skype, and Telephone. All documents may be signed easily through e-mail via DocuSign. Contact us to set up a consultation today.
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