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California law provides many avenues for recovery in nursing home abuse cases.

Contact an elder abuse attorney to help you bring the right claims against the right parties.

Elder Abuse and Dependent Adult Civil Protection Act

The Act is designed to protect elderly individuals and dependent adults from abuse, neglect, and mistreatment. It applies to individuals aged 65 and older and dependent adults aged 18 to 64 who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. The Act encompasses various forms of abuse, including physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment causing physical harm or pain. The Act allows for enhanced remedies, including increased damages and attorney’s fees, in cases where abuse is committed with recklessness, oppression, fraud, or malice. The Act empowers the issuance of elder abuse restraining orders to prevent further harm to victims.

EADACPA (Welfare and Institutions Code, specifically sections 15600 through 15675)

There are many claims that might be added in a case based on physical elder abuse or neglect.

Each case will depend on its individual facts and applicable law. These claims will not apply in every case. Other additional claims may apply.

Elements (Reference: CACI No. 3103/3106):

  1. The defendant abused the elder through physical force or failed to use the degree of care that a reasonable person in the same situation would have used in providing for the elder’s basic needs,
  2. The elder suffered harm as a result of the abuse.

Remedies:

  • Damages for medical expenses.
  • Damages for pain and suffering.
  • Compensatory damages for other losses.
  • Enhanced remedies, including attorney’s fees and costs, in cases of recklessness, willfulness, oppression, or fraud
  • Punitive damages in egregious cases.

Elements (Reference: CACI No. 3109):

  1. The defendant intentionally removed the elder from the State and/or restrained the elder from returning to California.
  2. The elder was aware of the confinement or was harmed by it.

Remedies:

  • Damages for emotional distress.
  • Damages for physical harm.
  • Compensatory damages for other losses.
  • Enhanced remedies, including attorney’s fees and costs.
  • Punitive damages if the confinement was particularly egregious.

Elements (Reference: CACI No. 400):

  1. The defendant owed a duty of care to the elder.
  2. The defendant breached that duty through negligent conduct.
  3. The elder suffered harm as a result of the breach.

Remedies:

  • Damages for medical expenses.
  • Damages for pain and suffering.
  • Compensatory damages for other losses.
  • Punitive damages if the defendant’s conduct was particularly egregious.

In California, a claim for negligent hiring, supervision, or retention generally involves an employer being held liable for the actions of an employee due to the employer’s negligence in hiring, supervising, or retaining that employee. Here are the elements and potential remedies for a negligent hiring, supervision, or retention claim:

Elements (CACI 426):

  1. Duty of Care:
    • The employer owes a duty of care to third parties to ensure a safe workplace and protect against foreseeable risks.
  2. Breach of Duty:
    • The employer breaches this duty by negligently hiring, supervising, or retaining an employee.
  3. Causation:
    • The negligent hiring, supervision, or retention directly causes harm to a third party.
  4. Foreseeability:
    • The harm suffered by the third party was foreseeable based on the employer’s actions or inactions.

Remedies:

  1. Compensatory Damages:
    • The injured party may seek compensatory damages to cover medical expenses, lost wages, pain and suffering, and other losses.
  2. Punitive Damages:
    • In cases of egregious misconduct or intentional wrongdoing by the employer, punitive damages may be awarded to punish and deter similar conduct in the future.
  3. Injunctive Relief:
    • In some cases, a court may order injunctive relief to prevent the employer from engaging in similar negligent practices in the future.
  4. Costs and Attorney’s Fees:
    • The prevailing party may be entitled to recover costs and reasonable attorney’s fees associated with pursuing or defending the claim.

Negligent hiring, supervision, or retention claims are complex and fact-specific. It’s crucial for individuals pursuing such claims to consult with legal professionals who can assess the specific circumstances of the case, gather evidence, and guide them through the legal process.

Elements:

  1. The death of a person.
  2. The death was caused by the wrongful act or negligence of another.

Remedies:

  • Compensation for financial losses suffered by the survivors (e.g., lost income, financial support).
  • Compensation for the loss of companionship, comfort, and society.
  • Funeral and burial expenses.

Elements (CACI 1300/1301):

  1. Defendant caused anticipation of harmful or offensive touch, or contact with the person with intent to harm or offend; and
  2. The actions of the defendant caused harm.

Remedies:

  • Compensation for economic and non-economic losses.
  • Possible punitive damages.

Navigating the litigation experience can be daunting.

Having a knowledgeable civil attorney is essential because they possess legal expertise and experience in navigating complex laws, ensuring that individuals receive proper guidance, representation, and advocacy in civil matters, ultimately increasing the likelihood of achieving favorable outcomes in legal disputes or proceedings. Additionally, an attorney can handle legal complexities, paperwork, and negotiations, allowing individuals to focus on their daily lives while ensuring their rights and interests are protected.

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