California has strong laws that protect those most vulnerable in our society. The Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”), codified at Welfare and Institutions Code section 15600, et seq., protects these individuals from financial and physical abuse, which may include neglect, abandonment, or abduction. An elder is defined as anyone residing in the state of California, 65 years of age or older. A “dependent adult” is defined as any person between the ages of 18 and 64 who resides in California and who has a physical or mental limitation that restricts their ability to carry out normal activities or to protect their rights.
The EADACPA provides a mechanism for bringing a claim against those responsible for the abuse of a significant, vulnerable part of our population. Culprits can be individuals, skilled nursing facilities, assisted living facilities, or home care givers. Essentially anyone caring for or providing services to an elder or dependent adult could find themselves up against the EADACPA. Claims under the EADACPA are also independent and mutually exclusive of other claims for professional negligence.
The remedies for a violation of the law are severe and may include attorney’s fees and costs, actual damages, statutory remedies, and punitive damages. The burden of proof for establishing elder and dependent abuse, however, is high. Unlike other civil actions where the burden is “preponderance of the evidence”, or in criminal matters where it is “beyond reasonable doubt,” the burden of proof with the EADACPA is “clear and convincing evidence.” This is a higher burden than in other civil cases, but not quite as high as in criminal cases.
If you or someone you love has been abused financially or physically and is elderly or a dependent adult, please contact us as soon as possible for a free consultation. There are time limitations within which actions must be brought, so please contact us today.
Physical & Emotional Abuse
Elder abuse often takes place behind closed doors. It may be physical or emotional, and perpetrated against those vulnerable by health care givers, home care givers, hospitals, skilled nursing facilities, assisted care facilities, or even by family.
Symptoms for physical abuse may be subtle or more pronounced, including bruises, sprains, bed sores, broken bones, or simply neglect. Emotional abuse is much less visible, but usually involves drastic changes in temperament or demeanor. Because elder may be cognitively compromised with dementia, Alzheimer’s, Parkinson’s disease, or some other ailment, symptoms might be difficult to spot. If you suspect abuse in any form or fashion, be vigilant and found out how your loved one was hurt or why they have changed.
The Law Offices of Donald A. Green are San Diego physical and emotional abuse lawyers in cases involving the elderly and dependent adults. If your loved one has been abused, or you suspect abuse, act now. Contact an attorney to help you determine what happened or is happening to your loved one, and to protect your loved one’s rights. Our attorneys can be reached at 800-994-2889.
Unfortunately, there are many people who seek to take financial advantage of the elderly. They are advanced in years, may suffer from serious or seriously debilitating conditions such as Alzheimer’s disease, Parkinson’s, or dementia, and they may have substantial wealth accumulated from a lifelong devotion to work and savings.
The laws are especially harsh for those that take advantage of the elderly. In addition to criminal penalties, there is also civil liability. This is where the San Diego elder abuse layers at the Law Offices of Donald A. Green come in.
Elder abuse is often consisted of financial and health care issues, involving negligence and intentional acts. Competent representation requires an expertise in all of these areas. Donald A. Green has devoted his career, both before and after obtaining his law degree, to helping the elderly. He has a Master’s degree in Health Services Administration, and incorporates his experience at PacifiCare and other health care entities into the practice at LODAG to protect and serve the elderly.
If your elder loved one has been the victim of financial abuse, taken advantage of by a greedy and ruthless predator, contact LODAG at (800) 994-2889 for a free consultation and evaluation of your rights.
Neglect & Abandonment
Neglect and abandonment occur when an elder is left alone, deprived of necessary, life-sustaining care, and essentially forgotten. It happens more often than anyone would probably believe. Once an elder relative or friend is admitted to a skilled nursing facility or other care facility, among many other elder patients, caregivers may feel overwhelmed, strapped for time, and become hardened to the needs of those for whom they care. It may be intentional. It may be negligent. Either way, it causes harm.
Elderly patients are susceptible to neglect and abandonment because of their precarious medical condition. They are often afflicted with other illnesses like Alzheimer’s, Parkinson’s disease, or dementia, that make it difficult for them to voice concerns or complaints. Moreover, they may not have the wherewithal or ability to do so. Neglect and abandonment symptoms are sometimes difficult to spot, but may be apparent when the patient loses weight, withdraws, becomes reclusive, and sustains injuries or changes to their health condition that otherwise seem unexplainable. Of course, because the elder are advanced in years, any number of problems could be the exclusive or contributing factors for these changes, but certainly not always.
Our elderly have the right to retire and pass away in peace and without pain or suffering. If your loved one has been neglected or abandoned, causing them added harm, contact San Diego Neglect and Abandonment Lawyer Donald A. Green at LODAG at 1-800-994-2889 for a free consultation, assessment of the situation, and candid advise about your and your loved one’s legal rights.
Poor Medical Care
Elderly patients, as with anyone else, deserve good, quality medical care. They should not be denied these rights just because they are old. Yet they often are.
San Diego poor medical care lawyer Donald A. Green has a background in the health care industry, having obtained a Master’s degree from Cornell University in Health Services Administration and worked in the health care industry before becoming a lawyer. He brings this background, and passion for the rights of patients, to the Law Offices of Donald A. Green and fights for the medical care the elder should – but often don’t – receive. He also seeks justice for those harmed by poor or inadequate medical care due to the negligence of an elder care provider.
Just because a patient is old does not mean they should have to endure the pain and suffering, and preventable deterioration of their health that frequently results with someone of advanced age. Professional negligence and abuse of an elder are possible claims against those charged with the care of an elderly patient if they provide substandard medical care.
If you or someone you love has been harmed by the poor medical care of a health care provider or health care giver, give LODAG a call at (800) 994-2889 for an evaluation of your rights.
Death of Elder / Wrongful Death
The death of am elderly friend or relative is a traumatic event. Sometimes it’s expected, but other times it’s not. Sometimes it may be the result of natural causes. Yet other times it may be because somebody is at fault.
Regardless of a person’s age, if their death is hastened or caused by someone else, those acts cause serious anguish and harm to the survivors. Many attorneys won’t accept wrongful death cases involving elders because of limitations on damages. Indeed, because pain and suffering damages disappear with the death of a person, and with the short normal life expectancy of an elder, it doesn’t always make economic sense to pursue a wrongful death action of an elder. However, each scenario presents its own set of facts and any individual affected by the death of an elder has a right to seek justice and recover for the ultimate harm that was caused.
San Diego Elder Death Lawyer Donald A. Green represents families of elders harmed by the negligence or wrongful acts leading to the wrongful death of a relative. If a family member has passed away, and you suspect wrongdoing, contact LODAG today at (800) 994-2889. We’re here to help.