Elder Abuse/Nursing Home Neglect

California Elder Law Attorneys

As the number of elderly people continues to rise in our country, there is an ever-increasing demand for specialized legal services to address seniors’ needs. Senior citizens and their families are often unprepared for the issues that arise. An elder law attorney can provide legal guidance on abusive practices related to wills, trusts, estate planning, living wills, conservatorships, and asset transfers. Among the greatest concerns of the elderly and their families is protection from abuse or manipulation. All too often the elderly are vulnerable to exploitation such as pressure to invest in risky ventures or fraud, insurance bad faith, and negligence of caregivers.

More families rely on nursing homes, assisted living centers, and extended healthcare facilities than ever before due to a need long-term care for aging parents or a need for temporary nursing care to recuperate after an illness or a hospital stay.

Recent statistics from a U.S. House of Representatives Committee on Government Reform report indicate that the U. S. has nearly 17,000 nursing homes currently caring for 1.6 million elderly and disabled residents.  And, the number of nursing home residents is expected to quadruple by 2050.

Elder Abuse Approaching Epidemic Proportions

While nearly 1,000,000 cases of elder abuse are reported in the United States per year through hotlines, state health services, and reports to adult protective services, experts believe a great number of cases are covered up and unreported. Surveys, eyewitness reports and government inspections all show evidence that nursing home negligence is a serious problem quickly approaching epidemic proportions.

If someone you care about is a resident of a nursing home, assisted living center, or elder care facility, it is important to remain vigilant for signs of abuse and neglect—which are not always easily recognizable and which staff may try to hide.

California Law Protects the Elderly and Disabled

California's Elder Abuse and Dependent Adult Civil Protection Act applies to residents age 65 or older. Under this law, elder abuse includes various forms of mistreatment including, but not limited to:

  • Medication and prescription errors

  • Falls, dislocations, and fractures

  • Physical, emotional, and psychological abuse

  • Inappropriate use of chemical or physical restraints

  • Dehydration and malnutrition

  • Infections and bedsores

  • Financial abuse and exploitation

  • Negligent supervision

Legal Actions For Elder Abuse

When caregivers and other nursing home staff abuse, neglect, or exploit an elderly or disabled individual, they may be held liable for their actions in a civil action for damages brought by an attorney on the victim's behalf following an adult protective services agency investigation.  They may also be subject to criminal prosecution.

Our Expertise

At Baker and Oring, LLP, in Marina del Rey, our attorneys have broad experience representing elderly clients and their families throughout Southern California. Examples of civil actions we pursue on behalf of our clients are nursing home owner and employee liability claims based on:

  • Negligent personal supervision and care

  • Negligent hiring and retention of employees

  • Negligent maintenance of the premises

  • Negligent selection or maintenance of equipment

  • Breach of contract

  • Wrongful death

If you suspect a family member or someone you care about is a victim of nursing home negligence or elder abuse, it is important to seek legal help immediately.

Call Baker and Oring, LLP, at (310) 822-3377 for a no cost, no obligation consultation to protect your loved one from further mistreatment and neglect.