Physical Elder Abuse Behind the Nursing Facility Doors

  • Aug 31 2016

Can I sue an assisted living or nursing facility for elder abuse in California?

After living a full and active life, many people look forward to retirement and embrace the idea of a slower, relaxed life. The work years are past, the kids are grown, and it’s time to focus on your own needs–maybe travel or just enjoy the grandchildren.

But for many, the aging process itself presents challenges that impact the ability to live independently. Physical, emotional or mental impairments may require a move to an assisted living or nursing facility. This is often necessary for patients suffering from dementia, Alzheimer’s, or other neuro-degenerative diseases.

While many assisted living and nursing home facilities provide excellent care and supervision, the conditions in others may give rise to claims of elder abuse, negligence, and even wrongful death. Incidents may involve staff-on-resident or resident-on-resident abuse, with the latter usually occurring due to a failure of adequate supervision of residents by staff.

Consider the pending case in San Diego involving Elmcroft of La Mesa Senior Living, an assisted living facility that houses people with Alzheimer’s and other neuro-degenerative diseases. A string of three incidents at the facility in February and March of this year—one of which resulted in the severe beating and death of a resident– prompted the investigation by the San Diego Attorney General’s office and the license-revocation hearing by the Department of Social Services.

In the Elmcroft matter, three different residents with dementia, at least two of whom were known to be aggressive, each attacked three other residents on separate occasions, causing injuries in all incidents and ultimately the death of one victim. Relatives of the deceased victim have started a civil lawsuit against Elmcroft in San Diego Superior Court alleging negligence, wrongful death, and breach of contract for failing to protect the woman.

In California, vulnerable elderly persons are protected by the Elder Abuse and Dependent Adult Civil Protection Act, a number of laws designed to hold elder care facilities accountable for failing to provide an acceptable standard of care.

Physical abuse in a nursing facility may include assault, battery, sexual assault, rape, unreasonable physical constraint, prolonged deprivation of food or water, and more. In addition, emotional abuse may cause pain and suffering which dramatically affects the elder’s well-being, such as verbal abuse or being ignored or isolated.

If you or a loved one has been the victim of physical, emotional or financial elder abuse, you need a compassionate and experienced attorney by your side to protect your rights, conduct a thorough investigation and take the necessary legal action.

The Law Firm of J&Y fights for victims of elder abuse in Northern and Southern California. Our experienced attorneys will help you obtain the compensation you deserve. Don’t suffer in silence.  Contact us online here or call our office today for a free evaluation of your case at 888-806-6722.

Posted in: Elder Abuse


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