California Elder Abuse Laws and Nursing Home Regulations
In this article, we will give a brief analysis of the pertinent sections of California Statutory law giving rise to Elder Abuse and Nursing Home Neglect that routinely takes place at skilled nursing facilities in California.
Pursuant to California Welfare and Institutions code 15610.05 there are several terms that are used to describe different forms of elder abuse. A claim for elder abuse provides enhanced remedies for the pain and suffering of an Elder. Specifically, Welfare and Institutions Code 15610.05 defines abandonment as the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances where a reasonable person would continue to provide care and custody. A skilled nursing facility in California has the implicit duty to care for elderly people in their custody. They are held to a standard higher than a reasonable person. Accordingly, abandonment is not a usual cause of action pled against skilled nursing facilities.
California Welfare and Institutions Code 15610.07 defines abuse of an elder or dependent adult as either physical abuse, neglect, or financial abuse, abandonment, isolation, abduction, or other treatment which results in physical harm, pain or mental suffering to an elder. It further defines abuse as the depravation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. This code section is very clear in setting forth how skilled nursing facilities must treat residents in their care.
Other codes in the California Welfare and Institutions codes define financial abuse, isolation, neglect, and physical abuse. Most notably, neglect is defined in California Welfare and Institutions Code 15610.57. This code section provides specific examples of neglect under the Elder Abuse Act including but not limited to the failure to assist in personal hygiene or failure to provide food, clothing or shelter to an elder. Further, neglect also is the failure to provide medical care for physical and or mental health needs. Elder neglect is also defined as the failure to protect from health and safety hazards or to prevent malnutrition or dehydration.
Physical abuse encompasses assault and battery and also gives several examples of sexual abuse as well. However, physical abuse is also defined as the unreasonable physical constraint or prolonged and continual deprivation of food and water. In addition, the use of physical or chemical restraints or psychotropic medication for punishment or for a period beyond that for which the medication was ordered by a physician is also classified as physical abuse.
From clients who contact our elder abuse attorneys and nursing home neglect lawyers, elder neglect is the most common complaint made against skilled nursing facilities. However, physical abuse is becoming increasingly common. If these acts are perpetrated by a care custodian of an elder, there are enhanced remedies provided for under the Elder Abuse and Dependent Adult Protection Act which allows your loved ones to receive monetary settlements for the pain and suffering that they have endured at the hands of their care custodians.
