The California law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment resulting in physical harm or pain or mental suffering. Under California law, elders are defines as persons 65 years and older. And because if can either be a criminal or civil lawsuit, if you or someone you suspect is a victim of elder abuse, you should contact an experienced nursing home injury attorney in Sacramento immediately.
According to the California Welfare and Institutions Code Section 15600, “abduction means the removal from this state and the restraint from returning to this state”. Elder abuse can take form in many different ways and refusing or restraining any elder or dependent adult who does not have the capacity to consent to the removal from the state is another type of abuse that the law does not tolerate.
Caregivers, nurses or other practitioners must report incidents of elder or dependent adult abuse in the following situations:
If you suspect any of the following above situations has occurred to an elder, it is your duty to report it.
The law provides for the recovery of damages from pain and suffering, economic damages, and punitive damages when there has been recklessness, fraud and/or patient abduction. Don’t wait any longer to contact an attorney who can represent you in court and fight for the compensation you deserve.
Often, the terms abduction and kidnapping is used interchangeably, and although there are subtle difference between the two, both or unlawful and punishable. Kidnapping is the taking away of a person by force, threat, or deceit, with intent to cause him or her to be detained against his or her will. Abduction is taking away a person by persuasion, by fraud, or by open force or violence.
Abduction is the unlawful interference with a family relationship, irrespective of whether the person abducted consented or not. If a family member has been abducted, you need to contact an attorney immediately for help.
Contact our offices in Folsom or Sacramento to discuss your injuries with a lawyer. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 357-6767 or send us an email to schedule an appointment.