Personal Injury Law

Extremely Vulnerable Elderly Woman Dies At Sacramento Nursing Home, Part 10 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.)

PLAINTIFFS' ELDER ABUSE CLAIM AGAINST DEFENDANTS

Overview Of The Elder Abuse Act

The statute at issue is the Elder Abuse And Dependent Adult Civil Protection Act It is found at California Welfare and Institutions Code section 15600, et seq. The Act is referred to here as simply the Elder Abuse Act.

The purpose of the Elder Abuse Act is to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect. Delaney v. Baker, 20 Cal. 4th 23, 33 (1999). The Elder Abuse Act was originally passed in 1982 in recognition that dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect such persons. Id. Subsequent amendments refined the 1982 enactment, but the focus remained on reporting abuse and using law enforcement to combat it. Id. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In 1991, the California Legislature passed amendments to the Act shifting the focus to private, civil enforcement of laws against elder abuse and neglect. Delaney, 20 Cal. 4th at 33. The Legislature declared that "infirm elderly persons and dependent adults are a disadvantaged class, that cases of abuse of these persons are seldom prosecuted as criminal matters, and few civil cases are brought in connection with this abuse due to problems of proof, court delays, and the lack of incentives to prosecute these suits." Cal. Welf. & Instit Code § 15600(h).

Full post as published by Sacramento Injury Lawyer Blog on December 03, 2010 (boomark / email).