Unfortunately, as the population grows older, elders are increasingly placed in facilitated homes. As hard as this can be for the older individual and his or her family, the last thing a child wants to imagine is that his or her parent is being mistreated in a trusted nursing home. Much worse is when the neglect or abuse becomes deadly. Nursing homes are not likely to blame themselves for the death of a patient so it is up to the loved ones left behind, and their dedicated attorneys, to investigate and prosecute. Often, a death certificate will show the cause of death to be “heart failure,” with no information on what could have led to this heart failure. If you have lost a loved one due to the negligence of a trusted facility, speak with a personal injury attorney in Sacramento.
In many cases, nursing homes are overstaffed and funds aren’t allocated appropriately, resulting in unhappy employees and unpleasant living conditions. This stress on workers and the vulnerability of older individuals can lead to abuse and even death. A study in 2009 found that 1 in 7 senior citizens were abused. There have been numerous cases throughout California regarding elder abuse and neglect and subsequent wrongful death. Regardless of the circumstance the employees are in, no one should ever mistreat the elderly. Speak with a personal injury attorney in Sacramento if you, or a family member, has been abused.
A wrongful death is defined as the death of an individual due to a wrongful act or neglect by another individual or entity. Wrongful death suits are civil and result in financial damages paid directly to the survivors of the deceased. Any spouse, child, or domestic partner can bring about a case of wrongful death. If there is no survivor from these categories, any individual that can prove financial dependence or who would be entitled to property of the deceased may sue for wrongful death.
When proving the case of a wrongful death, a nursing home attorney in Sacramento will need to prove the facility or individuals were responsible for the care of your loved one and that their conduct resulted in his or her death. It is important to gather as much evidence as possible including images of injuries or malnourishment, statements from other employees, medical records, contaminated clothing, etc.
Wrongful death suits include financial compensation and can include coverage for the following:
According to California law, descendants have two years from the date of the death of the loved one to file a wrongful death claim. Failing to do so could limit a family’s right to file at all.
Elder abuse and neglect encompasses a wide range of actions or inactions against an older individual. The most common symptoms of elder abuse that lead to wrongful death include the following:
If anyone you know has suffered these conditions that led to a death, speak with a nursing home attorney in Sacramento who can provide legal guidance to get you the compensation you deserve.
This section was added to the Elder Abuse and Dependent Adult Civil Protection Act in 1991 to increase awareness of abuse and neglect on the older generation. This section allows for the coverage of attorney’s fees and costs and post-mortem general damages in cases of death when certain burdens of proof are met. This was meant to increase the likelihood of lawyers taking on cases for disadvantaged Californians as defendants guilty of abuse in a reckless, oppressive, fraudulent or malicious manner can be made liable for the cost of the plaintiff’s attorneys.
Do you believe your loved one could have died from abuse or neglect at his or her nursing home? If so, it is important to contact a knowledgeable and compassionate nursing home attorney in Sacramento as soon as you can. This will greatly increase your chances to receive the compensation you deserve. Call us at (916) 357-6789 for a free consultation.
Every year, telemarketing and mail scams cost the American public billions of dollars. Often, older individuals fall victim to these cons as they are generally less informed and often have accumulated some wealth. Scammers know that elders often have a generous disposition and a lack of knowledge or understanding of the internet, which makes them susceptible to common scam methods.
It is important to always check with a supposed company and to never send personal or financial information over the internet. If you or a loved on is a victim of financial theft, speak with an elder abuse attorney in Sacramento.
There are various ways in which an individual may be approached with a scam, often by a stranger on the phone pretending to act in your best interest. Scammers may also pretend to be familiar to you or to be acting on behalf of someone else you know. Sometimes people fall victim to scams by people they actually do know.
The level of trust is higher with someone you’re familiar with and they may take advantage of that. Elders in assisted care may come into contact with staff with bad intentions and it’s important to stay vigilant when considering sharing finances. Seeking outside advice from an elder abuse attorney in Sacramento is always a good idea.
It’s important to contact a knowledgeable and motivated elder abuse attorney in Sacramento to work on your behalf to get you the help you need.
The elderly are common targets for financial theft for a variety of reasons. Sometimes it comes from strangers but other times, it comes from trusted caregivers. If you suspect you or a loved one has been abused financially, consult with our elder abuse attorney in Sacramento. The Weinberger Law Firm is here to help!
Recent estimates conclude that over 400,000 elderly individuals live in nursing homes or elderly care facilities in California. That staggering number is only increasing as our population grows. In California, elder abuse is considered neglect, exploitation, or “painful or harmful” mistreatment of anyone who is 65 or older. Elder individuals are at a higher risk for abuse as they generally are physically more vulnerable and often are isolated from family members.
Older individuals may also not know what constitutes abuse and may have memory problems that prevent them from reporting or acting on abuse. These factors increase the number of elders abused in California. If you suspect an elderly citizen is being abused, speak with a Sacramento nursing home lawyer to learn what legal actions to take.
It’s unfortunate physical and emotional abuse even occurs, but there are a variety of reasons it happens, including the following:
None of the above serve as an excuse for elderly abuse. It is important you speak with a Sacramento nursing home lawyer if you or someone you love has been a victim of abuse. It’s important to remember that elder abuse does not necessarily mean outward violence towards an older individual. There are other forms of abuse, such as:
The state of California has several laws covering four basic requirements each nursing home should provide:
Violations of these legal obligations and malicious or neglectful abuse may lead to misdemeanor or felony penalties. When the defendant’s actions were likely to cause great bodily harm or death, California nursing home abuse is what is known as a “wobbler” in California law. It can be charged as either a misdemeanor or a felony, depending on the specific circumstances.
Misdemeanor nursing home abuse carries the following maximum consequences:
Felony nursing home abuse carries the following maximum consequences:
Penal Code 243.4 PC is California’s sexual assault law. It prohibits the unwanted touching of an individual’s intimate parts for an individual’s sexual gratification, arousal, or pleasure. No one wants to imagine their loved one being taken advantage of in such a perverse manner, but fortunately there are laws protecting them and consequences for individuals deemed responsible. If anyone is a victim of any type of abuse, it’s important a Sacramento nursing home lawyer brings them to justice.
Misdemeanor abuse typically applies when an individual’s life was not put in danger. The below examples of felony sexual abuse are exceptions to this rule. Felony sexual abuse penalties may apply when the victim:
As per California Penal Code 290, an individual convicted of a misdemeanor or felony sexual battery charge must register as a lifetime sex offender. The following must be established for that consequence:
Every case is different but generally, cases relating to nursing home abuse charges can be brought against both:
Speak with a Sacramento nursing home lawyer regarding your specific scenario to learn the best course of legal action. Remember, even if you are not the victim, it’s imperative you report any suspicion of elderly abuse.
Report suspected elder abuse immediately! If there is a possibility that the individual is in immediate danger, call 911! If you are worried about the care of an elderly family member and are not able to check in at their assisted living residence, you can call the local police department and ask for a welfare or well-being check.
If you or a loved one may have been a victim of physical or psychological abuse at a nursing home, it is important to contact a knowledgeable and motivated Sacramento nursing home lawyer. The sooner you find legal advice, the more likely you are to receive the help you need and the compensation you deserve. Give us a call at (916) 357-6767 for a free consultation.