Elder abuse is the neglect and/or willful mistreatment of an elder by an individual caregiver (family member, nurse, doctor) or a care facility (skilled nursing home, hospital, assisted living, residential care). Incidents of physical elder abuse often result in:
- bedsores (pressure sores)
- malnutrition and severe weight loss
- poor hygiene
- overuse of psychotropic drugs
- medication errors
- residents’ rights violations
- wrongful death
Financial elder abuse often involves suspicious changes in wills, trusts, property titles, and significant withdrawals from an elder’s accounts.
Because the California Legislature recognized that elders are particularly vulnerable to abuse and neglect, the Elder Abuse and Dependent Adult Protection Act (EADACPA — Welfare & Institutions Code Sections 15600 et seq.) was enacted “to enable interested persons to take up the cause of abused elderly persons and dependent adults.” The law provides that, if it can be shown by clear and convincing evidence that an individual or entity is responsible for elder abuse and that they acted with recklessness, oppression, fraud or malice, Plaintiff (or a surviving loved one in their place) can recover for pain and suffering damages even if the elder is deceased. EADACPA also provides that, if a Plaintiff proves by clear and convincing evidence that an incident of elder abuse occurred, the Court shall award to the Plaintiff reasonable attorney’s fees and costs. This provision proved an important step forward in the prosecution of elder abuse claims since such claims typically died with the decedent. Elder abuse claims are very complex and only a skilled attorney knowledgeable in the intricacies of California’s EADACPA laws should be retained as legal representation.
The Law Office of Sanford I. Horowitz has successfully litigated many types of elder abuse, nursing home, and personal injury cases. We have over 25 years of experience providing compassionate and zealous legal support. Clients pay no fees unless damages are recovered. Please call for a free and confidential consultation. 707-523-1961
We accept cases in San Francisco, Oakland, Berkeley, Fremont, Walnut Creek, Concord, San Rafael, Redwood City, San Jose, Napa, Vallejo, Sonoma, Santa Rosa, Petaluma, Rohnert Park, Windsor, Ukiah, Fairfield, Sacramento, and throughout San Francisco, Alameda, Contra Costa, San Mateo, Solano, Marin, Sonoma, Napa, Sacramento, Mendocino, Lake, and other northern California counties.