Moorpark Nursing Home Abuse & Neglect Lawyers
Seniors living in nursing homes and assisted living facilities in and around Moorpark should not have to worry about whether they will suffer serious injuries caused by negligence or intentional abuse. Every older adult who lives in a nursing home or assisted-living facility in Ventura County should be able to expect that they will receive a high level of care and will not incur preventable injuries or illnesses caused by nursing home abuse or neglect. If someone you love sustained serious injuries as a result of nursing home abuse or neglect in the Moorpark area, it is important to seek help with your case. An experienced Moorpark nursing home abuse and neglect lawyer at the Southern California Nursing Home Law Group can help.Filing a Moorpark Nursing Home Abuse or Neglect Claim Under California’s Elder Abuse Law
The National Council on Aging (NCOA) identifies many different types of elder abuse, including physical abuse, sexual abuse, psychological abuse, financial abuse, willful deprivation, and passive neglect. Under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), most nursing home abuse cases will allege physical abuse or neglect. These broader categories of abuse include the various forms of abuse and neglect outlined by the NCOA.Elder Physical Abuse Cases in Moorpark
In a case involving physical abuse, an elderly nursing home resident or her family must be able to prove the following factual elements in order to win a claim under the EADACPA:
- Defendant physically abused the plaintiff by engaging in any of the behaviors defined as “physical abuse” by the EADACPA;
- Plaintiff was 65 years old (or a dependent adult) at the time of the conduct;
- Plaintiff suffered harm; and
- Defendant’s conduct was a substantial factor in causing the plaintiff’s harm.
To be clear, an employer (such as a nursing home or assisted-living facility) can be named as the defendant and can be held accountable for the actions of an employee, such as a staff member or nursing assistant. What type of actions constitute “physical abuse”? The EADACPA lists the following as possible forms of physical abuse:
- Unreasonable physical constraint;
- Prolonged or continual deprivation of food or water;
- Sexual assault, including sexual battery, rape, incest, sodomy, oral copulation, sexual penetration, or lewd or lascivious acts; or
- Use of a physical or chemical restraint or psychotropic medication for punishment, for a period beyond that ordered by a physician or surgeon, or for any purpose not authorized by a physician or surgeon.
Neglect is distinct from physical abuse under the EADACPA. In order to win a nursing home abuse claim alleging neglect, a plaintiff must be able to prove the following:
- Defendant had care or custody of the elderly adult;
- Elderly adult was 65 years of age or older (or a dependent adult between 18-64) at the time she or he was in the care or custody of the defendant;
- Defendant failed to use the degree of care that a reasonable person would have used in the same situation;
- Elderly person was harmed; and
- Defendant’s conduct was a substantial factor in causing the elderly person’s harm.
Similar to nursing home physical abuse cases, the defendant may be a staff member at a nursing home, or it may be the nursing home itself. A facility can be liable if it, or one of its employees, failed to use reasonable care in any of the following scenarios:
- Assisting an elderly resident with personal hygiene;
- Providing food, clothing, or shelter to an elderly resident;
- Providing medical care for a resident’s physical or mental health needs;
- Protecting an elderly resident from health and safety hazards; or
- Preventing an elderly resident from suffering from malnutrition or dehydration.
There may be other grounds for neglect as well under California’s Elder Abuse Act. If you have questions, you should get in touch with a Moorpark elder abuse attorney who can help. At the Southern California Nursing Home Law Group, we have decades of experience representing elderly clients and their families in nursing home abuse cases. We can talk to you today about your case. Our firm offers a free consultation.Seeking Advice From Our Moorpark Nursing Home Abuse and Neglect Lawyers
If you or someone you love recently suffered harm at a nursing home or assisted-living facility in the Moorpark area, you should speak with one of our Moorpark nursing home abuse and neglect lawyers as soon as possible. Contact the Southern California Nursing Home Law Group online, or call us today at (866) 607-1325.