California Catastrophic Injury Lawyers Handling Elder and Dependent Adult Abuse
Aggressive Los Angeles negligence attorneys helping victims of elder abuse
No one really knows how many of our vulnerable elderly and dependent adults are being neglected, abused or exploited because such actions are easily hidden from view and underreported.
What is clear is that abusers can be acute care hospitals, caregivers, assisted living facilities, nursing homes, home health care agencies, and that the frequency of nursing home and elder abuse will undoubtedly increase over the next several decades, as the population ages.
Intentional or neglectful actions and the failure to act so that an elderly person (or an adult who is unable to care for him/herself), is hurt by a caregiver or any medical professional who has a trust relationship with the elder, may be "elder abuse.”
Sadly, elder abuse is so common in nursing homes that nursing homes and elder abuse have become synonymous. While less frequent, it is no less tragic when a dependent adult suffers harm due to neglect or abuse by an acute care facility that is supposed to provide medical care. If you or someone you love has been affected by elder or dependent care abuse, it is vital to have a lawyer to fight for you and rectify the wrong.
The experienced lawyers at Heimberg Barr LLP have successfully represented elder abuse victims against not only the traditional care givers such as nursing homes and assisted living facilities but also against hospitals, and have recovered millions of dollars for our clients. If you or a loved one has suffered from elder abuse, contact our law firm Heimberg-Barr, LLP.
Who does EADACPA protect?
California Welfare & Institutions Code Section 15600 et seq. known commonly as the Elder Abuse Dependent Adult Civil Protection Act (EADACPA) protects the most vulnerable in our society. Contrary to popular belief, the law protects not only those who are elderly but any adult over the age of 18 who are dependent upon caregivers. These vulnerable individuals include:
- Elder – anyone over the age of 65 (Welfare & Inst. Code15610.27)
- Dependent adult between ages of 18 and 64 who reside in California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights (Welfare & Inst. Code15610.23(a))
- Dependent adult between ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, which can include any medical office or hospital setting that provides full time 24 hour care (Welfare & Inst. Code15610.23(b))
Common types of elder and dependent adult abuse
The most common forms of nursing home or elder abuse are:
- Neglect, which includes negligent failure to provide medical and custodial care including failure to assist in personal hygiene, to provide food, clothing or shelter, to protect from health and safety hazards, to prevent malnutrition or dehydration, and any other such wrongful conduct that falls below the accepted standard of care;
- Physical abuse, which in addition to slapping, hitting, punching, kicking, beating, burning, scratching and pinching, also may include force-feeding, inappropriate use of drugs or physical restraints, or withholding necessary care;
- Sexual abuse, including unwanted touching, harassment, rape and other acts either unwanted or the elder is not capable of giving consent;
- The refusal or failure to provide the services – including therapy, medicines and care – an elder (or dependent adult), needs, as well as understaffing.
Be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. If you or a loved one are a victim of elder abuse, it is in your and your family member’s best interest to speak to an attorney as soon as possible.
Reasons to file a case
Abuse of the elderly, of any type, is a despicable act, especially when it is done by professionals who have been paid to care for your family members and who hold themselves up as trusted, expert guardians.
Additionally, bringing a claim against an individual or organization that has breached this trust helps prevent not only future abusive bad acts by them, but sets an example for other organizations and their employees. In some cases, claims for abuse bring abusive conditions to the attention of the management of a facility or corporation they may not have been aware of and forces them to make changes to prevent future abuse.
You or your loved one not only deserves to be compensated for your or their pain and suffering and the loss of enjoyment of life, but, most importantly, you or they deserve to be free from abuse and any new financial hardships you or they encounter. You or your loved one may have mounting medical bills or need to hire help to assist with care. Payment for your or a family member’s injuries or for the unnecessary death of a loved one is often critical to your and your family’s future.
Yet, in most cases, you or your loved one will face an army of lawyers, an entire department at an insurance company, and the resources of a mega-corporation fighting against you to avoid providing you the money you desperately need. In other words, their whole focus is to avoid claims or to settle with you for the least amount of money possible.
Having experienced, effective counsel on your side such as an expert elder abuse attorney at Los Angeles law firm Heimberg Barr to review the facts of your claim as quickly as possible is your best defense.
How can a California elder abuse lawyer help?
If you or someone you care about has suffered catastrophic harm due to elder and dependent adult abuse, elder abuse lawyers from Heimberg Barr LLP will represent you throughout the process of pursuing your claim. With a thorough understanding of both the medical evidence and the legal issues, the Heimberg Barr LLP team will aggressively represent you against those who neglected and/or abused you or your loved one.
The L.A. malpractice attorneys of Heimberg Barr LLP, named #1 Medical Malpractice firm by The National Law Journal and distinguished as Top Tier in both Personal Injury and Medical Malpractice by Best Lawyers and US News and World Reports, have worked exclusively on behalf of injury victims for decades. Dr. Steven Heimberg is a physician with peerless accomplishments as an advocate of injury victims. Among other honors, he has been named the Los Angeles Trial Attorney of the Year, Lawyer of the Year in 2017 by Best Lawyers and The Wall Street Journal, Top 100 California Trial Lawyers for 10 consecutive years, and Top 100 Southern California Super Lawyers for 9 consecutive years. Marsha Barr-Fernandez is a seasoned litigator who has been named to Super Lawyers for 9 years, named AIPIA 10 Best Personal Injury Attorneys in 2017-2018, and Top 100 California Trial Lawyers. They possess the critical skills to decipher the complex records and accurately assess the damages done to you and your family, to ensure the most appropriate and just award. More importantly, perhaps, they know how to explain these damages to a jury in language that is clear and easy to understand. When you and your family have suffered catastrophic injuries because of elder and dependent adult abuse, Heimberg Barr LLP can help.
Work with a Los Angeles elder abuse lawyer for your misdiagnosis claim
Do not hesitate to contact Heimberg Barr LLP immediately if you sustained an injury because of a misdiagnosis or delayed diagnosis. You can call (213) 213-1500 for a free consultation with a Los Angeles diagnostic error injury lawyer, or complete the contact form and find out how the firm selected as Best Medical Malpractice Law Firm in America can help you today. The firm serves clients throughout California.