Elder Abuse

Seniors and dependent adults are vulnerable and the law recognizes that they need extra protection.  Elder abuse is a serious issue that can have devastating effects on the well-being and dignity of older individuals.  Mark and his team have effectively represented elders or dependent adults who suffered injury as a result of neglect while under the custody of others,  Mark has also successfully appealed an Elder Abuse denial, resulting in published law and a huge settlement for his client.   

In California, elder abuse is taken seriously, and the state has specific laws in place to protect older adults from mistreatment, neglect, and exploitation. The primary statute that addresses elder abuse in California is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which is part of the California Welfare and Institutions Code, specifically Sections 15600-15675.

The EADACPA defines elder abuse as the physical abuse, neglect, financial exploitation, abandonment, isolation, or other treatment that results in physical harm, pain, mental suffering, or deprivation of basic necessities for an elderly person (defined as someone aged 65 or older) or a dependent adult (aged 18-64, who has physical or mental limitations that restrict their ability to carry out normal activities or protect their rights).

Under the California elder abuse statute, individuals or entities that provide care or have custody of elderly or dependent adults, such as nursing homes, assisted living facilities, and caregivers, have a legal duty to provide proper care and protect their well-being. When these duties are breached, and harm occurs, legal actions can be pursued against the responsible parties.

Mark will review the healthcare records and evaluate whether there is a claim for elder abuse. With over 30 years of experience involving medical negligence, Mark is uniquely positioned to evaluate whether the duties of a provider are breached. When these duties are breached, and harm occurs, legal actions can be pursued against the responsible parties.

Here are classic examples of elder abuse by a nursing home or assisted living facility:

Falls:    Elderly individuals may be at a higher risk of falls due to factors such as physical frailty, impaired mobility, medication side effects, and environmental hazards within nursing homes.

Bedsores (Pressure Ulcers):    Prolonged immobility or inadequate care can lead to the development of painful and potentially serious bedsores, particularly in individuals who are bedridden or have limited mobility.

Medication Errors:   Mistakes in administering medication, incorrect dosages, or failure to provide necessary medication can have severe consequences for residents, potentially leading to adverse reactions, complications, or worsening health conditions.

Physical Abuse:    Unfortunately, physical abuse can occur in nursing homes, where residents may experience violence, assault, or inappropriate use of restraints by staff or other residents, resulting in injuries such as bruises, fractures, or lacerations.

Emotional Abuse:   Emotional or psychological abuse can manifest as verbal insults, intimidation, humiliation, or isolation, causing emotional distress, anxiety, or depression among nursing home residents.

Neglect:   Neglect occurs when a nursing home fails to provide adequate care, supervision, or essential services, leading to health deterioration, malnutrition, dehydration, infections, or other preventable health issues.

This is not an exhaustive list.  If you suspect any concern regarding the care of an elderly or dependent adut contact our office for an evaluation of your case.