Elder Abuse

Los Angeles Elder Abuse Lawyer

Protecting the Rights of Abused and Neglected Seniors in Los Angeles for Over 50 Years

When you entrust your elderly loved one into the care of someone else, you expect them to be well taken care of. Unfortunately, and far too often, elderly people fall victim to various forms of abuse or neglect at the hands of their caretakers. If you suspect that your loved one is suffering from preventable physical, emotional, sexual, or financial abuse at a Los Angeles nursing home or assisted living facility, you need to contact an experienced elder abuse lawyer right away.

For more than five decades, the Lewin Law Group has helped injury victims and their families pursue justice and compensation for losses stemming from elder abuse. We empathize with the heartbreak and anger you feel and will stop at nothing to hold the responsible party accountable for their cruel actions.

Our elder abuse lawyers have an in-depth understanding of the laws and regulations surrounding elder abuse. We handle the legal process from start to finish while ensuring that your loved one is protected and properly cared for.

Let Our Team Fight For Your Loved One’s Rights. Call 888.603.0201 to schedule a free initial consultation.

We can advise you about your legal options, which may include filing a civil action elder abuse lawsuit, coordinating with law enforcement to report a crime, or addressing the situation informally with nursing home management.

California Elder Abuse Laws

Under California’s Elder and Dependent Adult Civil Protection Act (CEDACPA) any individual who cares for an elderly person (over 65 years old) or “dependent adult” (anyone between the ages of 16-64 with physical and/or mental disability) in a nursing home or assisted living facility has a legal duty to uphold a high standard of care. Failure to exercise a reasonable degree of care is considered elder abuse and can result in civil and criminal penalties.

Compensation for Nursing Home Injuries

Nursing home abuse and neglect can often result in devastating injuries. California allows victims and their families to seek financial compensation through a civil lawsuit. While no amount of money can erase the trauma you’ve experienced, it can help you and your family cope and recover to the fullest extent possible. Your choice to take legal action can also help to save others from suffering similar abuse in the future.

Has Your Loved One Suffered, We Can Help! Call 888.603.0201 to schedule a free consultation.

The Los Angeles elder abuse attorneys at the Lewin Law Group has helped clients recover for:

  • Medical Expenses
  • Pain and Suffering
  • Emotional Distress and Mental Anguish
  • Disability
  • Disfigurement
  • Loss of Enjoyment of Life
  • Loss of Companionship
  • Punitive Damages

Common Types of Elder Abuse in Los Angeles

As part of the natural aging process, seniors’ physical and mental abilities decline leaving them vulnerable to many forms of abuse including physical, emotional, sexual, and financial. Elder abuse often goes unreported because of a victim’s mental or physical limitations or because of fear of retribution, embarrassment or shame.

Physical Abuse – Intentionally causing physical pain or injury through acts such as slapping, hitting, punching, kicking, burning, pinching, inappropriate use of physical restraints, or withholding necessary care.

Warning Signs or Symptoms of Physical Abuse:

  • bed sores
  • broken bones, bruises, lacerations
  • rapid weight loss or weight gain
  • malnourishment and dehydration
  • poor hygiene, dirty clothes or bedding
  • infections
  • frequent illness
  • medication errors

Was Your Loved On Abused Or Injured? We Can Help! Call 888.603.0201 to schedule a free consultation.

Emotional Abuse – inflicting mental suffering through yelling, threatening, humiliating, ridiculing, ignoring, terrorizing, or menacing an elder.

Warning Signs or Symptoms of Emotional Abuse

  • depression
  • mood swings
  • personality changes
  • confusion or agitation
  • anxiety
  • fearfulness
  • non-responsiveness or being withdrawn

Sexual Abuse – any unwanted or nonconsensual sexual contact or behavior. This can include solicitation, touching, assault, or rape.

Warning Signs or Symptoms of Sexual Abuse

  • bruises around the breasts or genital area
  • unexplained venereal disease or genital infections
  • torn, stained, or bloody undergarments

Financial Abuse – any improper, illegal, or unauthorized use of an elder’s assets for personal gain

Warning Signs of Financial Abuse

  • missing cash, checkbooks, credit cards, or debit/ATM cards
  • missing funds from the bank and other accounts
  • missing items and property
  • forged signatures on financial documents
  • sudden changes to a will or power of attorney

We Fight For Elders Who Have Been Abused, We Can Help You, Call Today: 888.603.0201

Elder Abuse and COVID

Elder abuse is becoming a growing problem in the U.S, especially in the age of COVID. As older people practice social distancing and adhere to stay-at-home orders, they become even more isolated, making them more susceptible to abuse and neglect and making it more difficult to seek help.

The COVID-19 pandemic has also left the elderly population more susceptible to financial scams and abuse. Scammers offering fake cures or fake home testing kits prey on the fears of the elderly in hopes of gaining money or personal information. In addition, seniors who receive social security checks may be financially exploited or taken advantage of by an out of work struggling family member.

Common Perpetrators of Elder Abuse in Los Angeles

There are several potential parties that may be held liable in an elder abuse claim, including:

  • Individual nursing home staff members
  • Corporate management or ownership of the nursing facility
  • Contractors and others who provide services to Los Angeles nursing facilities and their residents, especially doctors and other healthcare workers
  • Other individual nursing home residents
  • Family members

Filing a Nursing Home Abuse Claim

The Lewin Law Group has the resources to successfully file and/or litigate elder abuse claims — even against the largest nursing homes in Los Angeles. We are well-equipped to conduct a thorough investigation to gather evidence that supports your claim of abuse, neglect, misconduct, malpractice or other wrongdoing.

Every licensed nursing facility in Los Angeles must adhere to certain health and safety regulations outlined in the California Health and Safety Code. The following violations may serve as basis for an elder abuse claim:

Negligent hiring and inadequate training practices — Skilled nursing facilities have an obligation to perform comprehensive background checks and consult references for new hires. If they don’t take these steps, they risk hiring a potentially incompetent or dangerous individual to care for patients. Furthermore, if nursing home management doesn’t provide their staff with all the information they need to do their jobs correctly, it can lead to a preventable accident.

Understaffing — Owners and management of nursing facilities may intentionally understaff their facility to cut labor costs. This can lead to overworked and underpaid nursing home staff members and caregivers that take their anger and frustration out on their patients.

Failure to provide adequate security — A nursing home may not adequately prevent residents or visitors to the facility from harming other residents.

Time Limitations in Elder Abuse Cases

In order to be eligible to receive compensation, you must file an elder abuse claim within one year of the date an injury is discovered from the abuse. In a survival action, the estate or survivors must bring the case within six months of the death of the elder or dependent person. In a wrongful death caused by a nursing home, the survivors have one year from the date of death to bring a lawsuit.

Who Can Bring Forth a Civil Action Claim?

An elder or dependant individual who is living
The elder or dependent individual’s family member(s) who witnessed the abuse
A conservator or guardian of an incompetent elder or dependant individual
The elder or dependent individual’s estate or successors in interest in a survival action if death has occured
The elder or dependent individual’s heirs as specified in a wrongful death action

The spouse of an injured elder can also bring their own lawsuit for damages including loss of consortium, loss of comfort and care

Contact Our Los Angeles Nursing Home Abuse Lawyers

If you have learned that an elderly family member has been injured or mistreated in a nursing home or assisted living facility in Los Angeles, you should contact an elder abuse attorney at the Lewin Law Group immediately. We have helped elder abuse victims seek justice and compensation for more than 50 years. Call 888.603.0201 today to schedule a consultation free of charge.

Has Your Loved One Suffered, We Can Help! Call 888.603.0201 to schedule a free consultation.