One of the most difficult decisions regarding elder care is whether or not to place a loved one in a nursing home. Unfortunately, to maximize profits some nursing homes resort to understaffing and undertraining of employees, thus provide inadequate care and putting residents at risk of:
- bedsores (pressure sores)
- malnutrition and severe weight loss
- poor hygiene
- overuse of psychotropic drugs
- medication errors
- residents’ rights violations
- wrongful death
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. The remedies of EADACPA have made it possible for “regular people” to achieve some justice against large corporations and the insurance companies that defend them.
For the past twenty years, the law office of Sanford I Horowitz has successfully litigated against all types of nursing homes and their corporate owners on behalf of elders, dependent adults, and their families. If you or someone you care about has been subjected to elder abuse in a nursing home or another type of long-term care facility, you need a highly experienced attorney who is well-versed in EADACPA laws and passionate about protecting the rights of the vulnerable elderly and dependent adults.
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.