Elder Abuse and Neglect

One of every 20 elders, defined as a person 65 years or older, is a victim of elder abuse or neglect. (The Crime and Violence Prevention Center of the California Attorney General's Office)

California law guarantees the rights of elderly and dependent persons. These rights include dignity in personal relationships, safe and healthful accommodations, and freedom from unusual punishment, humiliation, intimidation, or mental abuse. Violation any of these rights may constitute cause for legal action.

WHO CAN BE HELD ACCOUNTABLE?

• Hospitals, including General Acute Care Hospitals and Psychiatric Hospitals;
• Long Term Care Facilities and Residential Care Facilities;
• Nursing Homes or Nursing Facilities;
• Home Health or Home Nursing Agencies;
• Skilled Nursing and Intermediate Care Facilities;
• Psychiatric Health Facilities and Chemical Dependency Recovery Hospitals.

TYPES OF ABUSE

Physical abuse that results in bodily injury; unreasonable physical constraint or prolonged deprivation of food or water; sexual battery or assault, including rape or other sexual acts; isolation; over-medication, or unauthorized medication; continued non-treatment of infections or parasites; unreasonable confinement to bed to avoid ambulating patient; administration of physical or chemical restraint, or psychotropic medication, used as punishment, or for a period beyond that which was authorized by a physician, for any unauthorized purpose.

NEGLECT (Committed only by a person having the care or custody of the elder)

Failure to assist in personal hygiene; failure to provide food, water, clothing, or shelter; failure to protect from health and safety hazards; failure to prevent malnutrition or dehydration; failure to provide medical care for physical or mental health needs; and abandonment.

FINANCIAL ABUSE

Any of the following committed by relatives or various fiduciaries, including conservators, accountants, attorneys, and representative payees, in the act of taking unfair advantage of the patient: Excessive charges; unfair business practices; unfair commercial transactions; illegal use, appropriation or retention of patient's personal funds and/or property; fraud.

UNFAIR BUSINESS PRACTICES COMMITTED BY FACILITY

Falsifying patient records; serving moldy, maggot-infested or otherwise unacceptable food; illegal provisions and/or omissions in contract; illegal guarantees.

The prosecution of an elder abuse case involves extensive research into issues such as the type and degree of physical or mental injury resulting from the abuse; the extent of recklessness, oppression, fraud, or malice present in the commission of the abuse; the statute of limitations; and the elderly person's medical history. You will need an experienced attorney, who has a broad history of prosecuting these unique types of cases, to help you pursue your claim.

CALL THE LAW OFFICES OF BENJAMIN FOGEL FOR A FREE CONSULTATION.

The Law Offices of Benjamin Fogel
Benjamin Fogel, Inc.
16000 Ventura Blvd.
Suite 905
Encino, CA 91436
Telephone: 1-(800) 222-5862 or (818) 382-2222
Fax: (818) 382-2228
Firm Email: benfogel@benfogellaw.com