YES, we are open, and we are here to help. The COVID-19 crisis continues to evolve and the world around us is changing, but our commitment to our clients and to the elderly population has not changed. We are here to assist you if your loved one has suffered injury or death as a result of suspected abuse or neglect. Contact us for help.
How has the COVID-19 Virus or “Coronavirus” Pandemic Affected Nursing Homes and Assisted Living Facilities?The world is now facing unprecedented health challenges. The spread of the virus has shut down nearly all industries, big and small. However, nursing home and other long-term care populations are at the highest risk of being impacted by coronavirus. These facilities are presented with unique obstacles in ensuring the health and safety of an already vulnerable population of individuals.
Many facilities have already restricted most if not all visitation by families and the public. Group activities, including communal dining, have been virtually eliminated. It is unclear whether there is any public reporting of virus outbreaks within these facilities, or whether these facilities can refuse to admit residents who may show signs of the virus. The Centers for Disease Control (CDC) has urged all long-term care facilities to take extra precautions with residents with compromised immune systems and chronic respiratory issues.
Because most of these facilities have been essentially shut off from the public, state and federal oversight of their operations has diminished. State investigators have also begun working remotely, without physically visiting a facility to investigate a complaint. As a result, concerns of elder abuse have risen.
It is important during this time to keep informed and stay prepared. The Centers for Disease Control and the Centers for Medicare & Medicaid Services each recently released new guidelines for nursing homes and other long-term care facilities to follow.
Advocate for your loved one remotely. Call, text, and/or e-mail facility staff for updates regarding the resident’s status and care. In the case of an emergency, call Emergency Services via 911 immediately.
Click here for additional information from the California Department of Public Health regarding the latest updates to nursing home policy and oversight during the COVID-19 crisis.
Click here for additional information from the California Department of Social Services regarding the latest updates to assisted living policy and oversight during the COVID-19 crisis.
No. We provide consultations free-of-charge. However, please note that while whatever information you submit is kept confidential, no attorney-client relationship exists until a retainer agreement is signed.
If you would like us to represent you, our firm works entirely on a contingency fee basis – we do not collect any fees and we front all costs unless and until you receive a settlement or favorable judgment.
With the growing number of aging individuals, instances of elder abuse have risen. As many as 1 in 10 people aged 60 or older have experienced or are currently experiencing some form of abuse. In response, the State of California enacted the Elder Abuse and Dependent Adult Civil Protection Act, or, “the Elder Abuse Act.”
The Elder Abuse Act states that someone who abuses or neglects an elder or dependent adult can be held liable not only for medical expenses and pain and suffering, but also for attorney’s fees, costs, and punitive damages. Most importantly, California courts have held that damages for an elder’s pain and suffering are not capped by California’s medical malpractice “MICRA” cap, which would otherwise cap these damages to only $250,000.
California has recognized that elders and dependent adults are vulnerable members of society who deserve special protections to ensure that they are safeguarded from abuse and neglect. Our firm has consistently recovered compensation from perpetrators of abuse when they harm people under their care.
In the case of an emergency, contact Emergency Services via 911. Local law enforcement and paramedics will help you if you or your loved one’s safety is in imminent danger in an emergency.
In cases of non-emergency, talk with the elder’s caregivers directly. California law requires doctors, nurses, and other caregivers to report any suspected elder abuse or neglect. You may also want to contact Adult Protective Services, a Long-Term Care Ombudsman, or the California Department of Public Health for nursing homes and the California Department of Social Services for assisted living facilities.
If your loved one has suffered harm or death as a result of suspected elder abuse or neglect, you should contact an experienced elder abuse attorney for help.
Absolutely. California law has time limits for the time to file a lawsuit. These are called “statutes of limitations.” If you wait too long, you may be barred from bringing a lawsuit.
Once you contact us and we receive your information, we will reply by telephone, usually the same day or within 1-2 business days. All information that you share with us will be kept strictly confidential to the fullest extent of the law. Our firm carefully reviews and evaluates each case separately, and will follow up with you regarding your options moving forward.
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