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Elder Abuse and Neglect Cases

Sometimes a concerned relative makes repeated but unsuccessful attempts to resolve a loved one’s difficulties at a residential care facility, assisted living facility, or skilled nursing home. The relative may have voiced concerns to staff, followed an internal complaint procedure, contacted the state ombudsman, or filed complaints with government agencies (see Reporting Elder Abuse). If these procedures fail or a long delay compromises the safety and health of a loved one, legal intervention may help. A legal team may also be called in when a loved one suffers needlessly due to inadequate pain management or has died in troubling circumstances. These are tragic situations, and owners of inferior facilities must learn that they cannot afford to provide substandard care.

Cases involving long–term care facilities are usually based on negligence, willful misconduct, emotional distress, or fraud. In some states, an elder abuse attorney can work with state laws to benefit a senior citizen and his or her family. In California, for example, the California Elder Abuse and Dependent Adult Civil Protection Act (Welf & I C §§15600–15675, known as EADACPA) provides remedies including general damages, damages for pain and suffering, and attorney’s fees. The law applies to physical abuse, neglect, or financial abuse when the abuser is guilty of “recklessness, oppression, fraud, or malice.”

The California definitions of neglect and physical abuse are broad. Examples are deprivation of food or water, failure to assist in personal hygiene, failure to prevent malnutrition, unauthorized use of physical or chemical restraints, and undermedication of pain. Residential care facility violations such as physical, mental or financial abuse or neglect may also be covered under EADACPA.

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