Personal Injury Law

"Elder Care Act" Is Basis For Abuse Case Against Sacramento Skilled Nursing Facility, Part 11 of 20

By Moseley Collins, Esq.

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The Elder Abuse Act provides for enhanced remedies including attorneys' fees and recovery for pain and suffering surviving the death of an elder upon a showing that a defendant has engaged in the reckless neglect or abuse of an elder. Cal. Welf. & Instit. Code § 15657. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Under the Elder Abuse Act, "abuse" is defined as either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting physical harm or pain or mental suffering or (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Cal. Welf. & Inst Code § 15610.07 (emphasis supplied). Neglectful elder abuse is the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. Covenant Care, Inc. v. Superior Court, 32 Cal. 4th 771, 785 (2004) internal citations and quotations omitted) (emphasis in original). The Elder Abuse Act defines neglect as, among other things, the:

(1) Failure of a health care provider to assist in personal hygiene, or in the provision of food, clothing, and shelter; or
(2) Failure to provide medical care for physical and mental health needs; or
(3) Failure to protect from health and safety hazards; or
(4) Failure to prevent malnutrition or dehydration.
Cal. Welf. & Institutions Code § 15610.57.

Full post as published by Sacramento Injury Lawyer Blog on December 07, 2010 (boomark / email).