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As we get older, things get harder. Many of us will end up requiring assistance with various day-to-day tasks. While some may need help bringing in groceries and other more laborious tasks, others may require assistance with carrying out even the most basic daily functions, such as bathing and getting dressed. It is critical that as we get older, we have a reliable shoulder to lean on during our time of need.
For those who have parents who are reaching more advanced ages, the desire to help is strong, but the magnitude of the responsibility is daunting.
It can be difficult, if not impossible, for children to assume full responsibility for their family members’ care as they get older. Many people turn to nursing homes, live-in CNAs, and other professionals who provide at-home care for their loved ones. The men and women who take on these jobs play an important role in the health, happiness, and well-being of their patients and are responsible for helping them maintain a high quality of life.
The May Firm believes in treating our elders with respect. Unfortunately, not everyone shares this philosophy. Sometimes the people we trust to care for our aging loved ones fail to render adequate care or even recklessly or deliberately hurt them.
If you or a loved one have suffered abuse or neglect at the hands of a caretaker in California, the May Firm wants to help you! We will fight on your behalf to ensure that you receive the compensation you deserve for your injuries. Call our California elder abuse lawyers 24/7!
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Elder abuse can take many forms and is not limited to the traditional notion that only hitting, striking, or beating constitute abuse. A caretaker can be found liable for abuse if they intentionally allow their patients to develop bedsores or knowingly limit meal portions. Leaving an elderly patient to go to bed without being served their dinner because the caretaker was displeased with them is a form of abuse. In addition to physical abuse, caretakers may abuse their patients emotionally or psychologically through the use of threats, degradation, or manipulation. It is important to understand that elder abuse can exist as a single injury-inducing event or a pattern of bad conduct.
“Don’t brush off your injuries. We’ve seen many injuries that appeared minor turn into more complex medical issues down the road. Get checked out, and then give us a call.”
Elder neglect occurs when a caretaker fails to provide adequate care. Allowing a patient to become dehydrated or malnourished or failing to ensure that their patient does not develop bedsores from prolonged time spent in bed may constitute neglect. Additionally, neglect may arise out of sheer negligence. Failure to ensure that an elderly patient who requires assistance in the shower is adequately supported from wheelchair to shower chair, thus resulting in a fall, would be considered neglect. Like elder abuse, elder neglect may arise from a single act or a pattern of irresponsible conduct.
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) expressly forbids the abuse and neglect of the elderly in nursing homes.
The EADACPA allows elderly nursing home residents to recover financial compensation if they are abused or neglected by nursing home staff. In addition to receiving reimbursement for previous medical expenses and compensation for potential future medical care, their attorney’s fees, and any other expenses that may have arisen as a result of their injuries, a victim of elder abuse or neglect may recover financial compensation to try to make up for the pain and suffering that they experienced as a result of their caretaker’s actions or omissions.
In the event of particularly serious abuse or neglect, a California court may award punitive damages, which are designed to provide the victim with additional compensation and to punish the wrongdoer.
Damages for elder abuse and neglect can typically be sought from the individual caretaker and the facility itself, as the facility is vicariously liable for the actions of its employees.
The EADACPA is a very complicated piece of legislation that affords various avenues for recovery to victims of elder abuse and neglect. Proving a case of elder abuse or neglect under the EADACPA is often easier said than done and should not be taken on by an individual. If you were harmed by the actions or inactions of your caretaker while in a nursing home, your best course of action would be to seek the assistance of a licensed California personal injury lawyer who specializes in elder abuse and neglect cases. Litigating an EADACPA case can be very difficult, and there is no reason to subject yourself to the stress of legal proceedings while you’re trying to recover from your injuries. An experienced elder abuse personal injury attorney, such as those at the May Firm, will be able to take much of the burden of litigation off of your shoulders while ensuring that your case is handled in such a way that you will be able to recover the largest sum for your suffering.
If you or a loved one were the victim of elder abuse or neglect, contact the May Firm today! Our experienced personal injury lawyers specialize in elder abuse and neglect and will ensure that you are adequately compensated for your injuries.
We love and respect our elders and feel personally responsible for helping to ensure that those who have been mistreated are able to achieve justice in a court of law, which includes being compensated for medical expenses and pain and suffering.
We operate on a contingency basis, which means that you don’t pay a penny until we win your case, and we offer a free, no-obligation case consultation. The May Firm has offices located in San Luis Obispo, Santa Maria, Santa Barbara, San Diego, Ventura, Bakersfield, and Fresno. Give us a call at (866) 619-6688 today!