Elder abuse and negligence are unfortunate realities that can occur in various settings, including homes, hospitals, and care facilities. At our practice, we specialize in assisting individuals who have experienced elder abuse and negligence in Nursing Homes, Crisis Management situations, Ombudsman Referrals, Injuries, Physical Injuries, Emotional or Behavioral Changes, End-of-Life Decisions, Life Care Planning, and cases involving Mental Health Incompetencies. Our dedicated focus is on advocating for the rights of victims in cases of abuse, neglect, injury, and medical malpractice.
Abuse and negligence can manifest in diverse environments, such as home health agencies, assisted living facilities, residential care facilities, skilled nursing facilities, and hospitals, and during transportation, treatment, or examinations at medical offices.
Understanding Elder or Dependent Adult Abuse:
The law defines elder or dependent adult abuse as:
Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or any behavior causing physical harm, pain, or mental suffering.
Deprivation by a caregiver of essential things or services necessary for the elder or dependent adult to avoid physical harm or mental suffering.
The criteria for elder or dependent adult status are:
Someone aged 65 or older.
A dependent adult, aged 18 to 64, with mental or physical disabilities hindering normal activities or self-protection.
Explore the legal aspects in Welfare and Institutions Code section 15610.07.
If you are an elderly person or a dependent adult facing abuse or control by family members, spouses/partners, former spouses/partners, or caregivers, seeking guidance from a counselor can be beneficial, even if you're uncertain about pursuing legal protection. Discover counseling services and resources in your county.
Important Legislative Update:
The amended Code of Civil Procedure § 377.34 now allows damages recovery for a decedent's pain, suffering, or disfigurement. This applies to actions initiated by the decedent's personal representative or successor in interest, granted preference under Code of Civil Procedure section 36 before January 1, 2022, or filed between January 1, 2022, and January 1, 2026. Plaintiffs recovering under this statute are required to report their awards to the Judicial Council, facilitating transparency through information dissemination to the Legislature.