Elder Abuse & Neglect

Protecting Elderly and Dependent Adults and Holding Abusive Care Providers Accountable

Elders and dependent adults deserve to be treated with dignity, respect, and care. When a nursing home, assisted-living facility, caregiver, hospital, family member, financial institution, or other responsible party exploits or harms a vulnerable person, the consequences can be devastating. Abuse is not always visible. It may involve physical violence, sexual assault, untreated medical conditions, medication errors, dehydration, malnutrition, emotional mistreatment, financial exploitation, isolation, abandonment, or the repeated failure to provide necessary care. The Westmoreland Law Firm represents elders, dependent adults, and families in cases involving abuse, neglect, exploitation, and preventable injury. We investigate what occurred, identify every responsible party, preserve critical evidence, and pursue accountability through California’s civil legal system. 

​

WHAT IS ELDER OR DEPENDENT-ADULT ABUSE?

California law provides special protections for elders and dependent adults. An elder is generally a California resident who is 65 years of age or older. A dependent adult generally includes a California resident between 18 and 64 years of age whose physical or mental limitations restrict the person’s ability to perform normal activities or protect their rights. The definition may also include an adult between 18 and 64 who is admitted as an inpatient to a qualifying 24-hour health facility. Elder or dependent-adult abuse may include:

• Physical abuse

• Sexual assault or sexual abuse

• Neglect

• Abandonment

• Isolation

• Abduction

• Financial abuse

• Deprivation of goods or services necessary to prevent physical harm or mental suffering

• Other treatment resulting in physical injury, pain, or mental suffering

Abuse may be committed by an individual, caregiver, facility employee, administrator, corporation, health care provider, family member, fiduciary, or other person or entity.

​​

ELDER NEGLECT

Neglect frequently occurs when a person or facility responsible for an elder’s care fails to provide the basic services, supervision, or medical attention the elder needs. Examples may include:

• Failure to provide adequate food or water

• Malnutrition or dehydration

• Failure to assist with bathing, hygiene, toileting, or grooming

• Leaving a resident in soiled clothing or bedding

• Failure to provide appropriate medical treatment

• Failure to administer medication properly

• Medication errors or unnecessary medication

• Failure to monitor changes in a resident’s condition

• Failure to respond to complaints of pain or distress

• Failure to prevent falls

• Failure to protect against known safety hazards

• Failure to reposition an immobile resident

• Development or worsening of preventable pressure injuries or bedsores

• Failure to prevent infections

• Inadequate supervision of residents with dementia

• Allowing residents to wander or leave a facility unsupervised

• Failure to protect a resident from another resident, employee, visitor, or third party

• Failure to obtain emergency medical assistance

• Abandonment or improper discharge

Neglect may result from understaffing, inadequate training, poor supervision, cost-cutting practices, missing care plans, ignored physician orders, falsified records, or a facility’s decision to place profits above resident safety. Not every poor outcome establishes elder abuse. The circumstances, care records, staffing levels, medical evidence, facility policies, and conduct of the responsible parties must be carefully examined.

​​

PHYSICAL ABUSE

Physical elder abuse includes more than striking or visibly injuring a person. It may involve:

• Hitting, slapping, kicking, pushing, or shaking

• Grabbing or handling a resident roughly

• Unreasonable physical restraint

• Improper use of bedrails, belts, straps, or other restraints

• Excessive or improper use of medication as a chemical restraint

• Prolonged deprivation of food or water

• Force-feeding

• Unnecessary confinement

• Deliberately causing pain

• Allowing a known danger to continue

• Assault or battery by another resident

• Physical punishment or retaliation

Unexplained bruising, fractures, cuts, burns, dislocations, repeated falls, fearfulness, or sudden behavioral changes may require immediate investigation.

​

SEXUAL ABUSE AND ASSAULT

Sexual abuse of an elder or dependent adult is a serious violation of trust and personal dignity. Residents with Alzheimer’s disease, dementia, cognitive impairment, paralysis, communication limitations, or other disabilities may be especially vulnerable. Sexual abuse may include:

• Rape or attempted rape

• Sexual battery

• Unwanted touching

• Forced nudity

• Sexual contact with a person who cannot legally consent

• Sexual contact obtained through force, fear, coercion, or manipulation

• Taking or distributing sexually explicit photographs or recordings

• Allowing a known sexual predator access to vulnerable residents

• Failing to investigate reports or warning signs of sexual misconduct

• Failing to separate residents after known or suspected sexual aggression

• Retaliating against a resident or family member who reports abuse

A facility may bear responsibility when inadequate screening, supervision, staffing, security, training, investigation, or reporting allowed the abuse to occur or continue. Evidence should be preserved immediately. This may include surveillance footage, access logs, staffing schedules, medical records, clothing, bedding, electronic communications, photographs, witness information, and law-enforcement or regulatory reports.

​

PRESSURE INJURIES AND BEDSORES

Pressure injuries, sometimes called pressure ulcers or bedsores, can develop when prolonged pressure reduces blood flow to the skin and underlying tissue.

Residents with limited mobility, paralysis, poor circulation, incontinence, malnutrition, dehydration, or serious illness may be at greater risk. Facilities should assess that risk and develop an appropriate prevention and treatment plan.

Potential warning signs include:

• Red, discolored, or damaged skin

• Open wounds

• Blisters or skin breakdown

• Drainage, odor, swelling, or infection

• Wounds that worsen after admission to a facility

• Lack of repositioning records

• Missing wound-care documentation

• Failure to refer the resident to a physician or wound specialist

A pressure injury does not automatically prove neglect. However, a preventable or worsening wound may indicate inadequate repositioning, nutrition, hygiene, monitoring, wound care, staffing, or medical treatment.

FALLS AND INADEQUATE SUPERVISION

Falls can cause fractures, head injuries, internal bleeding, loss of mobility, hospitalization, and death. Facilities should evaluate each resident’s fall risk and implement reasonable safety measures based on the resident’s condition.

Negligence or neglect may involve:

• Ignoring a known fall risk

• Failing to follow a fall-prevention plan

• Leaving a resident unattended during transfers

• Failing to provide necessary mobility assistance

• Improper use of wheelchairs, walkers, or lifts

• Defective or unavailable safety equipment

• Wet floors, poor lighting, or dangerous walkways

• Failure to respond to call lights

• Failure to reassess the resident after an earlier fall

• Failure to obtain prompt medical evaluation after a fall

• Concealment or mischaracterization of the incident

Statements that a fall was “unwitnessed” or “unavoidable” should not end the inquiry. Staffing records, call-light data, video, care plans, incident reports, and medical records may show what actually occurred.

​

MEDICATION ERRORS AND CHEMICAL RESTRAINTS

Medication errors can cause sedation, falls, confusion, organ damage, hospitalization, and death. Examples include:

• Administering the wrong medication

• Giving the wrong dosage

• Missing required doses

• Administering medication at the wrong time

• Failing to monitor adverse reactions

• Failing to recognize dangerous medication interactions

• Continuing discontinued medication

• Failing to obtain informed consent when required

• Using sedatives or antipsychotic medications for staff convenience rather than legitimate medical need

• Falsifying medication administration records

Medication records, pharmacy records, physician orders, nursing notes, and staffing information should be preserved and independently reviewed.

​

FINANCIAL ELDER ABUSE

Financial abuse occurs when a person or entity wrongfully takes, obtains, retains, conceals, or assists in taking an elder or dependent adult’s money or property. It may involve fraud, wrongful use, coercion, manipulation, or undue influence. Examples include:

• Unauthorized withdrawals or transfers

• Forged checks or signatures

• Misuse of credit cards or bank accounts

• Theft of cash, jewelry, or personal property

• Fraudulent changes to wills, trusts, deeds, or beneficiary designations

• Misuse of a power of attorney

• Coercing an elder to sign contracts or financial documents

• Pressuring an elder to make gifts or loans

• Fraudulent real-estate transfers

• Improper retention of an elder’s property

• Predatory investments or financial products

• Charging for services that were never provided

• Caregivers adding themselves to accounts or estate-planning documents

• Family members isolating an elder to gain control over finances

• Businesses knowingly participating in or assisting a wrongful transaction

Financial abuse is often committed by someone the elder knows and trusts. Sudden changes in banking, estate plans, property ownership, spending habits, or relationships should be investigated promptly.

​​

ISOLATION, ABANDONMENT, AND EMOTIONAL MISTREATMENT

Abuse may also involve conduct intended to frighten, control, punish, or isolate an elder or dependent adult. Examples include:

• Preventing family members from visiting or communicating

• Intercepting mail, calls, or electronic messages

• Threatening the elder or the elder’s family

• Humiliating, intimidating, or degrading the elder

• Withholding food, medication, mobility devices, or personal property

• Leaving the person without necessary care or supervision

• Improperly discharging or relocating a resident

• Retaliating against a resident for making complaints

• Restricting contact to conceal injuries or poor conditions

• Deliberately causing fear, anxiety, or emotional distress

A sudden change in an elder’s behavior, withdrawal, fear of a particular caregiver, or inability to communicate privately may be a warning sign.

​

WARNING SIGNS OF POSSIBLE ABUSE OR NEGLECT

Potential warning signs include:

• Unexplained bruises, cuts, burns, or fractures

• Repeated falls or emergency-room visits

• Bedsores or worsening wounds

• Dehydration, weight loss, or malnutrition

• Poor hygiene or soiled clothing

• Medication errors or excessive sedation

• Sudden confusion or behavioral changes

• Untreated pain or medical conditions

• Fear, anxiety, withdrawal, or depression

• Torn or stained clothing

• Sexually transmitted infections or unexplained genital injuries

• Missing money or personal property

• Unusual financial transactions

• Sudden changes to wills, trusts, deeds, or beneficiary designations

• A caregiver refusing to allow private visits

• Inconsistent explanations from facility employees

• Delayed notification of an injury or hospitalization

• Missing, altered, or incomplete records

• Frequent changes in staff or chronic understaffing

• Retaliation after complaints are made

One warning sign may have an innocent explanation. Multiple warning signs, inconsistent accounts, or efforts to conceal information may indicate a serious problem.

​

WHO MAY BE HELD RESPONSIBLE?

Depending on the circumstances, responsible parties may include:

• Skilled nursing facilities

• Nursing homes

• Assisted-living facilities

• Residential care facilities for the elderly

• Memory-care facilities

• Hospitals and rehabilitation centers

• Developmental or behavioral care facilities

• Home-health and home-care agencies

• Facility owners, operators, and management companies

• Administrators and directors of nursing

• Nurses, physicians, aides, and caregivers

• Staffing and placement agencies

• Security companies

• Transportation providers

• Pharmacies and medication-management companies

• Financial institutions, businesses, fiduciaries, or advisers

• Family members or other individuals

• Government-owned or operated facilities

A corporation may attempt to blame an individual employee. A proper investigation should determine whether hiring practices, training, supervision, staffing, budgeting, policies, prior complaints, or management decisions contributed to the abuse.

​

WHAT COMPENSATION AND REMEDIES MAY BE AVAILABLE?

The available relief depends on the claims, evidence, injuries, responsible parties, and whether the conduct involved ordinary negligence or the heightened misconduct required for enhanced elder-abuse remedies.

Potential compensation may include:

• Medical and hospital expenses

• Future medical and care expenses

• Relocation expenses

• Lost income or financial support

• Property and financial losses

• Pain and suffering

• Emotional distress

• Disability and loss of independence

• Funeral and burial expenses when abuse results in death

• Wrongful-death damages for eligible family members

• Punitive damages when legally supported

• Restitution or return of wrongfully obtained property

• Injunctive or protective relief

• Reasonable attorney’s fees and costs when authorized by law

California law may provide enhanced remedies when physical abuse, neglect, or abandonment is accompanied by recklessness, oppression, fraud, or malice. Financial elder-abuse claims may also permit recovery of attorney’s fees and costs when statutory requirements are established. The availability of any particular remedy must be evaluated based on the specific facts.

​

WHAT SHOULD YOU DO IF YOU SUSPECT ABUSE?

When an elder or dependent adult is in immediate danger, call 911 or seek emergency medical assistance. When circumstances permit:

• Photograph visible injuries and unsafe conditions

• Record the date, time, location, and persons involved

• Preserve clothing, bedding, medication, or physical evidence

• Obtain the names and contact information of witnesses

• Save text messages, emails, photographs, and voicemails

• Request copies of medical and facility records

• Preserve bank statements and financial documents

• Report suspected abuse to the appropriate law-enforcement, adult-protective-services, licensing, or long-term-care-ombudsman agency

• Avoid confronting a suspected abuser in a manner that may place the elder at greater risk

• Avoid signing releases, arbitration agreements, settlement documents, or facility-prepared statements without legal review

• Contact an attorney promptly

Facilities may overwrite surveillance footage, revise records, lose electronic data, or deny access to documents. Early action can be critical.

​

HOW LONG DO YOU HAVE TO BRING A CLAIM?

The deadline depends on the type of abuse, the resulting injury, when the misconduct was discovered, and the identity of the defendant. Financial elder-abuse claims generally have a specialized limitations period measured from when the abuse was discovered or reasonably should have been discovered. Medical-negligence claims, wrongful-death claims, contract claims, fraud claims, and claims against government entities may be governed by different and sometimes substantially shorter deadlines. Claims against a public entity may require presentation of a government claim before a lawsuit may be filed. Certain government claims must be presented within six months. Do not assume that an ongoing investigation, internal facility complaint, licensing report, criminal case, or settlement discussion extends the civil filing deadline.

​

CAN A FAMILY BRING A CLAIM AFTER THE ELDER DIES?

Potentially. The elder’s personal representative or qualifying successor in interest may be able to pursue claims that belonged to the elder before death. Eligible family members may also have a separate wrongful-death claim when abuse or neglect caused or contributed to the death. The proper parties, estate procedures, standing requirements, and recoverable damages should be evaluated promptly. Probate administration is not necessarily required in every case, but some matters may require the appointment of a personal representative or other estate-related proceedings.

HOW THE WESTMORELAND LAW FIRM CAN HELP

Elder-abuse cases often involve sophisticated corporations, incomplete records, overlapping ownership structures, insurance carriers, medical issues, and defendants determined to avoid responsibility.

The Westmoreland Law Firm can:

• Investigate the suspected abuse or neglect

• Identify all responsible individuals and entities

• Preserve surveillance footage and electronic evidence

• Obtain medical, facility, pharmacy, employment, and financial records

• Analyze staffing levels, training, policies, and prior complaints

• Interview witnesses

• Work with appropriate medical, nursing, financial, or other experts

• Investigate corporate ownership and management relationships

• Determine whether mandatory reports were made

• Evaluate wrongful-death and survival claims

• Calculate economic and noneconomic losses

• Communicate with facilities, corporations, insurers, and defense counsel

• File claims and lawsuits within the applicable deadlines

• Prepare the matter for settlement, mediation, arbitration, or trial

We understand that elders with dementia, Alzheimer’s disease, communication impairments, or serious medical conditions may be unable to describe what occurred. Our investigation does not depend solely on the elder’s ability to testify. Records, physical evidence, witnesses, staffing data, video, electronic information, and expert analysis may establish what happened.

​

FREQUENTLY ASKED QUESTIONS

Does the elder have to live in a nursing home to have a claim?

No. Elder abuse may occur in a nursing home, assisted-living facility, hospital, private residence, rehabilitation center, or other setting.

​

Can a family member commit elder abuse?

Yes. Abuse may be committed by relatives, caregivers, fiduciaries, friends, professionals, businesses, or strangers. Does the elder need to have visible injuries?

No. Abuse may involve emotional mistreatment, sexual assault, financial exploitation, isolation, abandonment, deprivation of necessary services, or other conduct that does not immediately produce a visible injury.

What if the facility says the injury was unavoidable?

That statement should be independently evaluated. Medical records, care plans, staffing information, surveillance footage, incident reports, witness testimony, and facility policies may show whether reasonable preventive measures were taken.

What if the elder has dementia and cannot explain what happened?

A claim may still be investigated and pursued. The case may be supported by medical evidence, physical injuries, behavioral changes, witness accounts, video, electronic records, staffing information, and inconsistencies in the facility’s documentation.

Can a power of attorney bring a lawsuit for the elder?

A valid power of attorney may provide certain authority, but whether the attorney-in-fact can commence or control litigation depends on the document, the elder’s capacity, the claims, and applicable law. Appointment of a guardian ad litem, conservator, personal representative, or successor in interest may be necessary in some cases.

​

Is a criminal conviction required?

No. A civil elder-abuse case may proceed without a criminal charge or conviction. Criminal and civil cases are governed by different procedures and standards of proof.

Can a facility retaliate against a resident or family member for reporting abuse?

Retaliation, interference with visits, threats, concealment, or adverse treatment after a complaint should be documented immediately and reported to counsel and the appropriate authorities.

Can a facility require arbitration?

Facilities frequently rely on arbitration agreements signed during admission. Whether an agreement is valid and enforceable depends on how it was presented, who signed it, the signer’s authority and capacity, the agreement’s terms, and other circumstances. Do not assume that an arbitration document eliminates the right to pursue a claim.

This page provides general information concerning California law and is not legal advice. Reading this page or contacting the firm does not create an attorney-client relationship. Legal deadlines, available claims, and recoverable damages depend on the specific facts of each matter.