California Elder Care Abuse: Elder Abuse Protection Act
The Elder Abuse Protection Acts focuses on protecting older adults by punishing perpetrators who exploit, abuse, and harm vulnerable seniors.
What Is Elder Abuse?
Elder abuse can occur in various forms such as, physical, mental, emotional, financial and even sexual. Often, the abuse is physical or results from neglect. The law recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol. Elder abuse can occur in cases involving nursing home negligence. Some of the type of injuries that may appear as:
- Unexplained injuries
- Bedsores, pressure sores and skin ulcers that don’t heal, which are often times the most common type of negligence
- Septic shock
- Urinary tract infections
- Unexplained infections and ineffective infection control
- Rapid weight loss
- Clogged breathing tubes
- Medications errors
- Falls which are unexplained
Common Types of Physical Elder Abuse and Verbal Elder Abuse
Common types of physical abuse include any unwarranted or unwelcome physical touching including:
- Inappropriate use of drugs or restraints
- Forced feeding
Some common verbal elder abuse can include:
- Threatening verbal statements
- Speaking in aggressive tone
California Rights of the Elderly in Nursing Homes?
California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act. The law recognizes that many elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position.
Elder is defined in the statutes as any person 65 years of age or older who is residing in California at the time of the alleged abuse. The term “abuse” is interpreted broadly and includes any of the following:
- physical abuse;
- fiduciary abuse; and
California Elder Care Giver Negligence
Neglect means that the care giver acted unreasonably by failing to exercise that degree of skill or render that level of care for which a reasonable person would exercise or render under similar circumstances. Under the Elder Abuse Protection Act, you or a loved one are entitled to compensation for any type of abuse, negligence or recklessness on the part of the nursing home facilities caregivers. Further, you or a loved one are entitled to file for damages against each healthcare provider who was involved in the abuse. It is best to seek assistance from an experienced California nursing home attorney.
Often times obtaining evidence of abuse and bringing charges against the company or corporation which operates the nursing home can be almost impossible without specialized and experienced legal representation. If you believe that a loved one may be subjected to elder abuse and wish to file a claim, it is imperative to act quickly. There is only a certain amount of time during which you can file a case. The time limits are complicated and strictly enforced by the courts. If you think you have a valid claim, consult with one of our Glendale elder care abuse attorney as soon as possible.
How an Glendale Elder Care Abuse Attorney Can Help
An Glendale elder care abuse attorney can help you review your case and explain the steps that must be taken in order to bring action against the person, nursing home, rehabilitation center, or elder care facility. Speak to one of our Los Angeles personal injury lawyers experienced with elder abuse and nursing home negligence cases. We offer a free consultation and case review. Call our office at (310) 943-1171, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
What is The Welfare and Institutions Code Section 1560o?
The California Welfare And Institutions Code §15600 provides legal protection and recourse for elderly who have suffered abuse under the Elder Abuse And Dependent Adult Civil Protection Act and provides that:
(a) The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons.
(b) The Legislature further recognizes that a significant number of these persons are elderly. The Legislature desires to direct special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment.
(c) The Legislature further recognizes that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection.
(d) The Legislature recognizes that most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or caretakers suffer physical impairments and other poor health that place them in a dependent and vulnerable position.
(e) The Legislature further recognizes that factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of the family, resentment of caretaker responsibilities, stress on the caretaker, and abuse by the caretaker of drugs or alcohol.
(f) The Legislature declares that this state shall foster and promote community services for the economic, social, and personal well-being of its citizens in order to protect those persons described in this section.
(g) The Legislature further declares that uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse of elders and dependent adults and the appropriate role of local law enforcement is necessary in order to ensure that a minimum level of protection is provided to elders and dependent adults in each county.
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