California Elder Abuse Law Firm
Few issues are as disturbing as when the most vulnerable among us are mistreated or abused. While most of the elderly population in California enjoy fulfilling and independent lives, some elderly Californians rely upon others to assist them with their day-to-day lives. Unfortunately these vulnerable individuals occasionally fall victim to others who abuse, mistreat and/or steal from them.
The Law Offices of Richard deSaulles is dedicated to helping the victims of Elder Abuse maximize their recovery and to assist them with installing safeguards to prevent any further abuse. If you or a loved one has been the victim of Elder Abuse, you need to contact an attorney right away.
How common is Elder Abuse?
Unfortunately, Elder abuse is a pervasive and growing problem in California. According to the Senate Special Committee on Aging, as many as 5 million Americans are the victims of elder abuse each year. Most, however, suffer in silence, and only 16 percent of abusive situations are referred for help.
What is Elder Abuse?
California Welfare & Inst. Code § 15610.07 defines Elder Abuse as: “physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”
Elder Abuse can happen to anyone, regardless of their ethnic background, sex, or social status. Unfortunately, many victims of elder abuse are abused by the people they trust most- including family members, caregivers, “friends”, financial or other advisors. These people closest to the victim are the most common perpetrators of Elder Abuse.
Nursing home abuse or neglect is a serious and often underreported problem. Common underlying causes of mistreatment in nursing homes include:
- Stressful working conditions,
- Staff shortages;
- Job burnout;
- Negligent or irresponsible hiring; or
- Inadequate training of staff.
What are common signs of Elder Abuse or Neglect?
Signs of mistreatment are often very subtle and may be difficult to see. Sometimes, victims may be reluctant to report abuse for fear of retaliation; in other cases, the victim may be physically unable to communicate. Therefore, it is important that we always be on the lookout for signs of abuse or neglect, which may include:
- Bruising, bedsores, pressure marks, burns or abrasions;
- Withdrawal from normal activities;
- Depression or a change in alertness;
- Poor hygiene;
- Sudden weight loss
- Sudden strained or tense relationships with a caregiver or others;
- Sudden changes in estate or financial planning, including changing beneficiaries; or
- Sudden transfer of assets, including deeding of property or gifting of assets.
What should you do if you suspect Abuse or Neglect?
If you suspect abuse or neglect, you should seek assistance and attempt to intervene.
- Contact the California Department of Public Health (DPH) at www.cdph.ca.gov or (800) 236-9747;
- Become more involved in the elder’s care- talk to their doctors, nurses, aides and/or nursing home administrator;
- Visit the nursing home unannounced to “check up”;
- Photograph any injuries;
- Speak to the Director or person in charge of the facility; and
- Contact the Law Offices of Richard deSaulles.
What if I Cannot Afford To Hire An Attorney?
Most of our clients do not have the thousands of dollars needed to retain an attorney and litigate their case. The Law Offices of Richard deSaulles regularly takes cases on a contingency basis. For cases taken on a contingency basis, this means:
- You do not have to pay anything to hire our firm to represent you;
- Our contingency fee is based on a reasonable percentage of the amount we obtain for you;
- We will never settle your case without your authorization; and
- If there is no recovery in your case, you do not owe us a fee.
For those clients who prefer to pay an hourly rate, our firm is happy to discuss such an arrangement. Either way, we will make sure that the terms of the representation are agreed upon before initiating representation.
