ELDER CARE LAW
Jeffrey D. Stulberg, A Law Corporation, is experienced in handling cases involving abuse of elderly and dependent individuals against nursing homes, acute care hospitals, in-home care providers and assisted living facilities. These claims may be brought on behalf of abused and neglected elders, as well as dependent adults. Abuse can take many forms, including physical, psychological and financial harm.
Elder and Dependent Adult Abuse
Definition: An elder is defined as a person over the age of 65. A dependent adult is defined as a person 18–64 years of age with a significant disability that limits the ability to protect or care for him or herself.
“Elders” and “dependent adults” are afforded special protection under California law as embodied by the "Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)." A claim for abuse under EADACPA is a civil action that may include "physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering, the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering.”
In addition to the elder or dependent individual who is living, many of the elder’s or dependent adult’s family members may also assert claims, such as the elder's or dependent individual's estate or successors in interest if the elder or dependent individual has died; and/or, the dependent adult’s family members if they witness the abuse.
Plaintiffs in elder abuse cases are entitled to recover monetary damage for pain and suffering, even if the elder dies before the trial. This law differs from other types of personal injury cases where the right to recover damages for pain and suffering dies with the plaintiff. In addition, if the plaintiff prevails, he or she is entitled to recover attorneys' fees. This additional element of damages may be particularly significant,
Types of Elder and Dependent Adult Abuse
- Physical abuse includes assault, battery, assault with a deadly weapon, unreasonable physical constraint, prolonged or continual deprivation of food or water, sexual assault and rape.
- Psychological/mental abuse includes fear, agitation, confusion, severe depression and other forms of serious emotional distress that are brought about by threats, harassment and intimidation.
- Financial abuse can result from taking, secreting or appropriating money or property of an elder or dependent adult by a person who has the care or custody of, or who is in a position of trust to, that elder or dependent adult.
- Negligence occurs if a caregiver fails to assist the elder or dependent adult in personal hygiene; provide food, clothing or shelter; protect from health and safety hazards; or prevent malnutrition or dehydration.
- "Abduction" means the removal from this state and/or the restraint from returning to this state of any elder or dependent adult who does not have the capacity to consent to the removal from or restraint from returning to this state.
- "Abandonment" means the desertion or willful forsaking of an elder or a dependent adult by anyone who has care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
- "Isolation" means prevention from receiving phone calls or mail, false imprisonment or physical restraint from meeting with visitors.
- "Neglect" means the negligent failure of any person, including the individual having the care or custody of an elder or a dependent adult, to exercise that degree of care that a reasonable person, in a like position, would exercise, to include failure to assist in personal hygiene or in the provision of food, clothing or shelter; or failure to provide medical care, to protect from health and safety hazards, prevent malnutrition or dehydration.
The legal definition for each type of abuse can be found at California's Welfare and Institutions Code
§§15610 to 15610.55. This information is available at the Legislative Council's website at
www.leginfo.ca.gov. Anyone who suspects that an elderly person or dependent adult is being victimized should call local law enforcement or the statewide toll-free elder abuse reporting hotline at 1-888-436-3600.
California elder abuse cases are frequently complex and involve numerous legal, factual and damage issues. They can be very expensive cases to litigate, and insurance companies have unlimited resources and attorneys to fight plaintiffs every step of the way. However, if you prevail, you will be most likely be awarded attorneys’ fees in addition to recoverable damages.
A skilled and knowledgeable attorney can help you achieve a fair resolution of your elder abuse matter. Contact our office today for a free confidential initial consultation.
California Nursing Home Abuse Law
Nursing home abuse and neglect takes a variety of forms, such as negligent care, physical abuse, sexual abuse and financial exploitation, to name a few.
The signs of elder abuse and nursing home abuse are often subtle and a senior who is being abused in a nursing home frequently fails to report the abuse. If your friend or relative has had unexplained injuries, bed sores, a broken hip or frequent falls, and you are suspicious of elder abuse or nursing home negligence, you may be able to file a personal injury claim on behalf of the abused elder or a wrongful death suit if nursing home abuse has led to death. Elder abuse and nursing home abuse law in California is complex and changes frequently. Hiring an experienced California nursing home abuse attorney can make a big difference for you and your family.
If you have experienced elder abuse, or if a member of your family has been neglected, abused, or defrauded by a caregiver in an acute care hospital, nursing home or long term care facility, contact Jeffrey D. Stulberg, A Law Corporation, today for a confidential and cost-free consultation. We can help you or your loved one receive fair and adequate compensation.
Jeffrey D. Stulberg • A Law Corporation
1042 Palm Street, Suite 204, San Luis Obispo, CA 93401
Ph: (805) 544-7693 Fax: (805) 544-7006
