The prevalence of elder abuse and neglect in our country is shocking. Nearly 10% of Americans aged 60 and over have suffered elder abuse, according to the NCEA, or National Center on Elder Abuse.
The primary goal of for-profit nursing homes and assisted living facilities is to maximize profits. A nursing facility frequently looks to its largest cost, labor, while looking for cost-cutting opportunities. Nursing facilities are unable to appropriately monitor and meet the requirements of their residents as a result of understaffing or hiring unqualified workers. Malnutrition, dehydration, and decubitus ulcers (often referred to as bed sores, can arise in residents. Another frequent occurrence is failing to offer prompt assistance to get out of bed and use the restroom, which can have terrible and fatal results.
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The meaning of elder abuse California law applies
Any person 65 years of age or older and dependent individuals are protected against a variety of forms of abuse and neglect by California Welfare and Institutions Code section 15600. One of the following is considered “neglect;”
- A person negligently failing to exercise the level of care that a reasonable person in the same situation would exhibit while caring for an elder or a dependent adult; or
- The willful neglect on the part of an elderly person or dependent adult to exercise the level of self-care that a sane person in the same situation would.
Neglect encompasses all of the following, without being restricted to them:
- Failing to provide food, clothing, shelter, or assistance with personal hygiene.
- Failing to address medical needs for both physical and emotional health. Note: No individual shall be labeled neglected or mistreated for the mere reason that he or she voluntarily chooses to receive medical therapy in place of spiritual treatment through prayer alone.
- Failing to take precautions against health and safety risks.
- Failing to stop dehydration or starvation.
- The inability of an elderly person or dependent adult to care for their own needs due to cognitive impairment, mental illness, substance addiction, or a history of poor health.
California law provides rights and damages for elder abuse and neglect
Elders, dependent individuals, and those with developmental disabilities are all protected by California law against various forms of abuse and neglect. When there has been negligence, fraud, and/or patient desertion, the law allows for the recovery of damages for pain and suffering, economic damages, and punitive damages.
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