Elder Abuse & Neglect

Elder abuse and neglect includes physical, mental and financial injuries.  Older patients or residents rely on their caretakers to help with daily needs, including walking, feeding, hygiene, getting out of bed and dressing.  Unfortunately, many times, elderly patients are neglected and left to care for themselves.  Examples of abuse and neglect include allowing residents to develop bedsores, suffer malnutrition or dehydration, prescription or medication errors, physical abuse, failing to provide adequate supervision, and untrained staff.

In 1991 the California State Legislature passed the Elder Abuse and Dependent Adult Civil Protection Act (known as “EADACPA” or the “Act”). The legislation allows victims of nursing home abuse to recover past and future medical expenses, attorney’s fees, pain and suffering, and in many cases, punitive damages against the facility.

Orange County California Elder Abuse Attorneys

Remick Law Group attorneys and legal staff are experienced in nursing home abuse and neglect cases.  Victims of elder abuse should retain a lawyer with experience in elder abuse and neglect laws.  Litigation against nursing homes and care facilities can be quite complex, therefore, hiring an experienced attorney is necessary to ensure maximum compensation and justice.

Signs of Elder Abuse & Neglect

  • Cut, bruises, restraint marks on wrists, abrasions
  • Severe Bedsores on back, shoulders, buttocks – Stage IV pressure ulcers
  • Falls with serious injuries (fractured bones, head injuries)
  • Weight loss, dehydration or malnutrition with side effects like kidney failure
  • Physical and sexual abuse cases
  • Wrongful death
  • Sepsis or other infections (like urinary tract infections)
  • Physical signs that the patient or resident is being over-medicated, such as decreased mobility, confusion, uncontrollable drooling, and excessive sleeping
  • Poor hygiene, including dirty hair, hands, uncut and/or dirty fingernails, dirty teeth and/or bad breath, dirty clothes, patient or resident smells of urine or feces
  • Resident or patient’s living area and common environments are messy, soiled or disorganized
  • Missing dentures, glasses, hearing aids or walker
  • Depression, anxiety, agitation, withdrawn
  • Caregiver does not allow you to speak to patient alone

Violation of Patient’s Rights

In California, residents and patients of a care facility such as a skilled nursing facility, intermediate care facility or transitional care facility, are afforded additional rights and protections. Under CA Health and Safety Code (HSC) §1430, a current or former resident of a care facility may bring a civil action against the operator of a care facility for violation of any of the rights stated in §72527 of the Patient Bill of Rights.

California, Health and Safety Code §1430(b) states in part:
“A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation.

Know Your Rights

Under California law, all nursing home residents are entitled to certain rights that must be provided at the time of admission in the form of a written policy entitled “Nursing Home Resident’s Bill of Rights.”

  • Privacy, dignity, and respect
  • Choose their own physician
  • Possess personal property
  • Plan their own medical care and treatment
  • Be fully informed of their medical condition and treatment
  • Manage their own finances
  • Determine which visitors they wish to receive
  • Be discharged or transferred only for medical reasons

If you or a loved one has suffered as a result of nursing home abuse, contact Remick Law Group at 949-445-4344 or online by completing our Free Case Review Form.

Remick Law Group
200 Spectrum Center Drive
Suite 300
Irvine, CA 92618
Phone: (949) 445-4344
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