Los Angeles Elder Abuse Attorney: Fighting for Justice and Protection

Here are some of the most atrocious behaviors perpetrated by staff members of nursing homes and other eldercare facilities. Some of these abusive behaviors are red flags for even more horrendous mistreatment:

Physical and Medical Neglect

• Malnutrition and dehydration
• Physical bruising, swelling and bleeding
• Untreated medical conditions

Emotional and Psychological Abuse

• Emotional withdrawal from family
• Verbal abuse and intimidation
• Isolation from social activities

Financial Elder Abuse

• Unexplained financial problems
• Changes in elder’s legal documents such as Power of Attorney or Will
• Transfer of valuable chattels and real property without consent
• Unexplained withdrawals or charges

Sexual Abuse and Medical Negligence

• Unexplained venereal diseases and other discharges
• Infections from poor hygiene or medical care
• Inappropriate touching or sexual assault

Eldercare facilities, including nursing homes, have a legal obligation to have well-trained and fully qualified staff to deal with the needs of their senior care clients. Corporate greed and administrative negligence put these paying clients at risk because corporations try to save money by not conducting thorough criminal background checks when hiring, or refusing to adequately train and sufficiently supervise their careless and callous staff.

Most eldercare facilities, including nursing homes, are owned and managed by mega corporations. These corporations vociferously advertise safety, habitability and quality care as the most important features of their services. Any deviation from these advertised promises could be construed as false advertising.

Moreover, the mega corporations must hire the right people who genuinely care for elders. When they do not comply with their high standard of care imposed by law, the corporations must answer for their staff’s wrongs and pay for the various injuries they’ve caused to their elder clients.

Evidence Collection and Legal Support

However, courts must see and hear evidence of abuse. Most elderly people are so overwhelmed and terrified from the perpetrated abuse that all they want to do is leave! Their families feel so guilty that all they want to do is take their loved ones to another facility.

Our elder abuse attorneys in Los Angeles are here to help you get through this nightmare and not just survive the ordeals, but also thrive in recovery. We have the proven track record of helping many other precious elderly people obtain full justice through successful abuse lawsuits.

Standing Against Injustice

chosenlawyers.com believes that silence in the face of injustice emboldens the wrongdoers. We also believe, if we don’t stand for elder justice for others, justice will not stand for us when we need it.

Our financial elder abuse attorneys and nursing home neglect lawyers are ready, willing and able to help you and your loved ones pursue abuse claims and protect elder rights.

After all, the twilights of our lives should be our golden years and not our medieval dungeons!

Contact Our Elder Abuse Legal Team Today

If you suspect elder mistreatment or need legal help for a loved one facing senior exploitation, don’t wait. Our experienced team provides comprehensive legal aid and elder support throughout Los Angeles.

Связаться с chosenlawyers.com today for a free consultation with the best elder abuse attorney who will fight for elder protection and senior justice.

According to Centers for Disease Control and Prevention (CDC) reports, more than 500,000 people over the age of 60 are abused or neglected per annum. However, the actual number is significantly higher, since not all elder abuse and neglect cases are reported to authorities.

In fact, according to a 2005 research by the National Center on Elder Abuse, as many as 2 million Americans, age 65 or older are abused or neglected by the very people in charge of their care, every year.

Elder abuse and neglect can occur anywhere including nursing homes, elder’s own homes and other senior care facilities. While there are thousands of dedicated and caring professionals helping the elderly, nursing home abuse is unfortunately on the rise.

The main reason for this dangerous trend in nursing homes and senior care facilities is corporate greed to maximize profits at the cost of injury to our most vulnerable people: the helpless elders. The experienced elder abuse attorneys at chosenlawyers.com have the professional experience and personal commitment to investigate and litigate the cause of your harm thoroughly and diligently.

Elder abuse occurs when a caregiver to an elder person intentionally or negligently acts or refuses to act when caring for an elder person, and this act or omission causes harm or serious risk of harm to a vulnerable elder person under their care.

The Centers for Disease Control and Prevention (CDC) has categorized the following six types of abuse against people 60 years or older:

• Physical abuse – Intentional harm causing bodily injury
• Emotional abuse – Psychological harm through verbal or behavioral acts
• Sexual abuse – Non-consensual sexual contact or acts
• Financial abuse – Improper use of elder’s funds or property
• Neglect – Failure to provide necessary care
• Abandonment – Desertion by responsible caregivers

Physical abuse does not have to be severe to warrant legal action. For instance, pushing and slapping are construed as physical abuse by our elderly abuse lawyers. Even inappropriate physical or medicinal restraints would constitute grounds for an abuse lawsuit.

Signs of Physical Abuse Include:

• Fear of specific caregivers or staff members
• Unexplained injuries such as bruises or broken bones
• Burns or suspicious wounds
• Frequent visits from medical providers

Elder neglect occurs when caregivers refuse or fail to perform any part of their obligations or duties to an elderly person. Caregivers do not have to be paid professionals; they can be family members who are obligated to care for the elderly person.

Although neglect could include a wide range of needs, our Los Angeles elder abuse attorney team typically identifies these common forms:

• Improper shelter and safety concerns
• Inadequate food and nutrition
• Lack of proper clothing and hygiene
• Insufficient medical care and attention

Warning Signs of Elder Neglect:

• Unpaid bills pointing to financial neglect
• Malnourishment and dehydration
• Bedsores or skin ulcers
• Medical needs not being addressed

Elder emotional abuse occurs when caregivers cause anguish, pain or distress through their words or acts. Our elder abuse lawyers in Los Angeles frequently see cases involving psychological mistreatment that requires immediate legal intervention.

Identifying Emotional Abuse:

• Hesitation to talk openly about care experiences
• Unexplained anxiety and depression
• Severe mood swings
• Fear of interacting with specific caregivers
• Refusal to see family members or friends

Elder sexual abuse occurs when a caregiver performs any non-consensual sexual act upon the elder person. This form of senior abuse requires immediate legal action and criminal investigation.

Evidence of Sexual Abuse May Include:

• Unjustifiable sexually transmitted diseases
• Unexplained genital injuries or bleeding
• Torn or bloody undergarments
• Sudden behavioral changes or withdrawal

Sexual abuse can also be construed if someone intentionally touches without treatment purposes, either directly or through clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of a person without competent consent.

Abandonment abuse occurs when a caregiver forsakes or deserts an elderly person who is under their care. Our financial elder abuse attorneys often see abandonment cases combined with other forms of senior exploitation.

Signs of Elder Abandonment:

• Missing essential treatments or therapies
• Unclean living conditions
• Soiled clothing or bedding
• Lack of proper administration of medicine

Financial abuse or exploitation of an elder person occurs when the elder’s standard of living does not match their available resources. This type of senior exploitation has become increasingly common and requires immediate legal intervention.

Common Forms of Financial Exploitation:

• Improper use of elder’s funds, property, or assets
• Unjustifiable depletion of assets or suspicious transactions
• Missing property or personal belongings
• Unexplained changes in legal documents

When abuse, abandonment or neglect occurs in a nursing home, retirement home or any other facility designated for care of elderly people, the facility can be held financially and possibly criminally liable if any of the following issues played a part in causing harm to the elders:

• Negligent hiring of unqualified staff
• Inadequate staffing levels for proper care
• Insufficient training of caregivers
• Violation of statutory or regulatory duties
• Medication errors and medical negligence
• Vicarious liability for employee actions

It is important to know that even if an employee performs an act that the facility does not condone, the facility could still be found liable vicariously, as long as the harmful act was performed within the scope of employment.

Liability could also be established if a third party enters the facility and injures or abuses an elder. In such cases, a third-party security company in charge of the facility’s security can be held liable under the tort of “negligence.”

If a loved one or you are a victim of elder abuse, or if you suspect that someone you know is experiencing senior abuse or neglect, you should immediately contact law enforcement authorities and an experienced elder abuse attorney.

Our abuse lawyers at chosenlawyers.com are available 24/7 to provide emergency legal consultation and guide you through the proper reporting procedures.

California elder abuse laws are designed to protect elders, dependent adults and developmentally disabled people from all types of abusive behaviors and neglect. Understanding these legal protections is crucial for pursuing successful abuse claims.

Legal Definitions Under California Law:

• “Elder” – Any person who is 65 years of age or older
• “Dependent Adult” – Any person between ages 18 and 64 who has physical or mental disabilities preventing normal activities or self-protection
• 24-hour health care facility patients are also considered “dependent adults”

This protected category includes those suffering from dementia, the developmentally disabled, brain injured individuals, psychiatric patients and, in some instances, those in rehabilitation facilities.

As an experienced elder abuse attorney in Los Angeles, I’ve dedicated my career to protecting seniors from abuse and neglect. Too many families discover that their loved ones have suffered in silence, unaware of their fundamental rights or how to seek help. This comprehensive guide empowers seniors and families with essential knowledge about elder abuse laws, nursing home rights, and legal protections under California law.

Understanding Elder Abuse: What Every Los Angeles Family Should Know

Жестокое обращение с пожилыми людьми affects thousands of California seniors annually, often occurring in the places they should feel safest. As your trusted Los Angeles elder abuse attorney, I want you to understand that elder abuse encompasses far more than physical harm.

California recognizes that our vulnerable seniors deserve robust legal protection. Whether you’re facing nursing home abuse, financial exploitation, or caregiver neglect, understanding your rights is the first step toward justice and recovery.

California’s Commitment to Elder Protection: The Nursing Home Patients’ Bill of Rights

California Legislature mandates that every nursing home provide residents with comprehensive written policies outlining their fundamental rights. These protections ensure that residents receive privacy, dignity, and respect while maintaining essential freedoms regarding medical care, finances, and personal relationships.

NURSING HOME PATIENTS’ BILL OF RIGHTS

Informed Consent and Medical Decision-Making:

(1) To be fully informed, as evidenced by the patient’s written acknowledgment prior to or at the time of admission and during stay, of these rights and of all rules and regulations governing patient conduct.

(2) To be fully informed, prior to or at the time of admission and during stay, of services available in the facility and of related charges, including any charges for services not covered by the facilities’ basic per diem rate or not covered under Title XVIII or XIX of the Social Security Act.

(3) To be fully informed by a physician of his or her total health status and to be afforded the opportunity to participate on an immediate and ongoing basis in the total plan of care including the identification of medical, nursing, and psychosocial needs and the planning of related services.

(4) To consent to or to refuse any treatment or procedure or participation in experimental research.

(5) To receive all information that is material to an individual patient’s decision concerning whether to accept or refuse any proposed treatment or procedure. The disclosure of material information for administration of psychotherapeutic drugs or physical restraints, or the prolonged use of a device that may lead to the inability to regain use of a normal bodily function shall include the disclosure of information listed in Section 73524(c).

(6) To be transferred or discharged only for medical reasons, or the patient’s welfare or that of other patients or for nonpayment for his or her stay and to be given reasonable advance notice to ensure orderly transfer or discharge. Such actions shall be documented in the patient’s health record.

(7) To be encouraged and assisted throughout the period of stay to exercise rights as a patient and as a citizen, and to this end to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of the patient’s choice, free from restraint, interference, coercion, discrimination or reprisal.

(8) To manage personal financial affairs, or to be given at least a quarterly accounting of financial transactions made on the patient’s behalf should the facility accept his or her written delegation of this responsibility subject to the provisions of Section 73557.

(9) To be free from mental and physical abuse.

(10) To be assured confidential treatment of financial and health records and to approve or refuse their release, except as authorized by law.

(11) To be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs.

(12) To be free from discrimination based on sex, race, color, religion, ancestry, national origin, sexual orientation, disability, medical condition, marital status, or registered domestic partner status.

(13) Not to be required to perform services for the facility that are not included for therapeutic purposes in the patient’s plan of care.

(14) To associate and communicate privately with persons of the patient’s choice, and to send and receive his or her personal mail unopened.

(15) To meet with and participate in activities of social, religious and community groups at the patient’s discretion.

(16) To retain and use his or her personal clothing and possessions as space permits, unless to do so would infringe upon the health, safety or rights of the patient or other patients.

(17) If married or registered as a domestic partner, to be assured privacy for visits by the patient’s spouse or registered domestic partner and if both are patients in the facility, to be permitted to share a room.

(18) To have daily visiting hours established.

(19) To have visits from members of the clergy at the request of the patient or the patient’s representative.

(20) To have visits from persons of the patient’s choosing at any time if the patient is critically ill, unless medically contraindicated.

(21) To be allowed privacy for visits with family, friends, clergy, social workers or for professional or business purposes.

(22) To have reasonable access to telephones both to make and receive confidential calls.

(23) To be free from any requirement to purchase drugs or rent or purchase medical supplies or equipment from any particular source in accordance with the provisions of Section 1320 of the Health and Safety Code.

(24) To be free from psychotherapeutic and/or physical restraints used for the purpose of patient discipline or staff convenience and to be free from psychotherapeutic drugs used as a chemical restraint as defined in Section 73012, except in an emergency which threatens to bring immediate injury to the patient or others. If a chemical restraint is administered during an emergency, such medication shall be only that which is required to treat the emergency condition and shall be provided in ways that are least restrictive of the personal liberty of the patient and used only for a specified and limited period of time.

(25) Other rights as specified in Health and Safety Code Section 1599.1.

(26) Other rights as specified in Welfare and Institutions Code Sections 5325 and 5325.1 for persons admitted for psychiatric evaluations or treatment.

(27) Other rights as specified in Welfare and Institutions Code, Sections 4502, 4503 and 4505 for patients who are developmentally disabled as defined in Section 4512 of the Welfare and Institutions Code.

Understanding Penal Code 368 PC

As an elderly abuse lawyer with extensive experience in California courts, I ensure my clients understand that Penal Code 368 PC provides comprehensive protection against elder abuse. The statute defines elder abuse as:

“Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.”

This comprehensive definition covers various forms of abuse of the elderly, including:

• Physical harm and neglect
• Financial abuse and exploitation
• Emotional and psychological mistreatment
• Caregiver abuse and institutional neglect

California takes elder abuse seriously, with both criminal and civil consequences for perpetrators. As your financial elder abuse attorney, I’ve seen how these laws provide multiple avenues for justice and compensation.

Criminal Penalties Under Penal Code 368:

Misdemeanor Charges:

• Up to one (1) year in county jail
• First offense: Fine up to $6,000
• Subsequent offenses: Fine up to $10,000
• Potential combination of imprisonment and fines

Felony Charges:

• State prison sentence from two (2) to four (4) years
• Prosecutor discretion based on criminal history and circumstances
• Enhanced penalties for severe cases

Civil Liability and Compensation:

Beyond criminal prosecution, elder victims and their families can pursue civil remedies through tort law. As an experienced abuse lawyer, I’ve secured substantial compensation for clients, including:

• Compensatory damages for medical expenses, pain, and suffering
• Punitive damages to punish wrongdoers and deter future abuse
• Lost assets in financial exploitation cases
• Long-term care and rehabilitation costs

Importantly, civil liability exists independently of criminal conviction. The civil standard of proof differs significantly from criminal cases—we don’t need “proof beyond reasonable doubt” to establish liability and recover damages for elder abuse victims.

Recognizing the Signs: When to Contact an Elder Abuse Attorney

Physical Abuse Indicators:

• Unexplained injuries, bruises, or fractures
• Signs of restraint use or medication overuse
• Poor hygiene or inadequate medical attention
• Sudden changes in behavior or mood

Financial Abuse Warning Signs:

• Unexpected changes in financial documents or accounts
• Missing personal belongings or funds
• Unusual banking activity or credit card charges
• New “friends” showing excessive interest in finances

Neglect and Institutional Abuse:

• Violations of nursing home regulations or elder rights
• Inadequate staffing or staff turnover
• Poor facility conditions or maintenance
• Denied access to medical care or social interaction

If you suspect senior abuse affecting your loved one, immediate action is crucial for safety and legal protection:

Immediate Steps:

1. Ensure the senior’s safety and medical needs
2. Document all evidence of abuse or neglect
3. Report to Adult Protective Services and law enforcement
4. Contact an experienced elder abuse lawyer

Legal Process:

• Thorough investigation and evidence gathering
• Coordination with healthcare professionals and social workers
• Aggressive pursuit of criminal prosecution
• Comprehensive civil litigation for maximum compensation