helping to change nursing homes' "Business as usual"
Elder Abuse
Elder abuse is the neglect and/or willful mistreatment of an elder by an individual caregiver (family member, nurse, doctor) or a care facility (skilled nursing home, hospital, assisted living, residential care). Incidents of physical elder abuse often result in:
- bedsores (pressure sores)
- malnutrition and severe weight loss
- dehydration
- infections
- falls
- poor hygiene
- overuse of psychotropic drugs
- medication errors
- residents’ rights violations
- wandering
- wrongful death
Financial elder abuse often involves suspicious changes in wills, trusts, property titles, and significant withdrawals from an elder’s accounts.
Because the California Legislature recognized that elders are particularly vulnerable to abuse and neglect, the Elder Abuse and Dependent Adult Protection Act (EADACPA — Welfare & Institutions Code Sections 15600 et seq.) was enacted “to enable interested persons to take up the cause of abused elderly persons and dependent adults.” The law provides that, if it can be shown by clear and convincing evidence that an individual or entity is responsible for elder abuse and that they acted with recklessness, oppression, fraud or malice, Plaintiff (or a surviving loved one in their place) can recover for pain and suffering damages even if the elder is deceased.
EADACPA also provides that, if a Plaintiff proves by clear and convincing evidence that an incident of elder abuse occurred, the Court shall award to the Plaintiff reasonable attorney’s fees and costs. This provision proved an important step forward in the prosecution of elder abuse claims since such claims typically died with the decedent. Elder abuse claims are very complex and only a skilled attorney knowledgeable in the intricacies of California’s EADACPA laws should be retained as legal representation.
nursing home abuse and neglect
One of the most difficult decisions regarding elder care is whether or not to place a loved one in a nursing home. Unfortunately, to maximize profits some nursing homes resort to understaffing and undertraining of employees, thus providing inadequate care and putting residents at risk of:
- bedsores (pressure sores)
- malnutrition and severe weight loss
- dehydration
- infections
- falls
- poor hygiene
- overuse of psychotropic drugs
- medication errors
- residents’ rights violations
- wandering
- wrongful death
Because the California Legislature recognized that elders are particularly vulnerable to abuse and neglect, the Elder Abuse and Dependent Adult Protection Act (EADACPA — Welfare & Institutions Code Sections 15600 et seq.) was enacted “to enable interested persons to take up the cause of abused elderly persons and dependent adults.”
The law provides that, if it can be shown by clear and convincing evidence, that an individual or entity is responsible for elder abuse and that they acted with recklessness, oppression, fraud or malice, Plaintiff (or a surviving loved one in their place) can recover for pain and suffering damages even if the elder is deceased. EADACPA also provides that, if a Plaintiff proves by clear and convincing evidence that an incident of elder abuse occurred, the Court shall award to the Plaintiff reasonable attorney’s fees and costs. This provision proved an important step forward in the prosecution of elder abuse claims since such claims typically died with the decedent. The remedies of EADACPA have made it possible for “regular people” to achieve some justice against large corporations and the insurance companies that defend them.
For the past thirty years, Sanford I Horowitz has successfully litigated against all types of nursing homes and their corporate owners on behalf of elders, dependent adults, and their families. If you or someone you care about has been subjected to elder abuse in a nursing home or another type of long-term care facility, you need a highly experienced attorney who is well-versed in EADACPA laws and passionate about protecting the rights of the vulnerable elderly and dependent adults.
personal injury and wrongful death
“Personal injury” is a legal term referring to physical injuries and financial losses resulting from another’s negligent, reckless, or intentional wrongdoing. Personal injury includes mental, emotional, and physical trauma (broken bones, burns, brain and spinal cord injuries, amputations, etc.) resulting from many different types of accidents including, but not limited to:
- car and motor vehicle accidents
- bicycle accidents
- watercraft accidents
- aviation accidents
- construction site accidents
- falls
- fires
- medical malpractice
- dangerous and defective products
California law allows for individuals suffering from personal injury to recover money in compensation for their immediate and future medical care, lost wages and earning potential, and for mental, emotional, and physical pain and suffering.
“Wrongful death” is a legal term referring to death resulting from another’s wrongful conduct or gross negligence. In the case of wrongful death, California law provides that, even if the deceased was partially at fault, their next of kin and/or their estate can seek monetary compensation for economic loss as well as pain and suffering.
Sanford I. Horowitz has 30 years of experience and the resources to fully investigate your serious personal injury or wrongful death claim.