Elder and Dependent Adult Abuse
Pedersen Law has prosecuted several cases against care facilities and other custodial providers who have acted wrongfully toward those who deserve special protection - our senior citizens and dependent adults.
Elder abuse is harm caused to individuals who are over the age of 65. Dependent Adult abuse relates to similar conduct directed at persons who are between 18 and 65 years old, who have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights. Types of elder and dependent adult abuse include:
- Financial or Material Abuse consists of the misuse, misappropriation, and/or exploitation of the person's financial assets and/or material assets (e.g. personal property).
- Neglect is when the caregiver fails to meet the physical, social, and/or emotional needs of the subject person.
- Physical Abuse consists of an intentional infliction of physical harm upon a subject person.
- Psychological Abuse is the intentional infliction of mental harm and/or psychological distress upon the subject adult, including humiliation, harassment, intimidation and social isolation.
- Sexual Abuse is any sexual activity for which the subject person does not consent or is incapable of giving consent.
Fortunately, California has enacted a comprehensive set of civil and criminal laws designed to fight the abuse of elders and dependent adults. Those who have suffered from such abuse, or their family, may sue the abusers and, under the proper circumstances, collect damages that may include punitive damages, attorneys' fees and compensation for pain and suffering.
Abuse in nursing homes and other care facilities may take many forms. On your behalf, we can take legal action alleging claims such as:
- Violation of the Elder/Dependent Adult Abuse Act
- Intentional wrongdoing or harm
- Unlawful, unfair and fraudulent business practices
- Violations of Patients' Bill of Rights
- Violations of other state and federal laws and regulations
Clients also retain our firm to file claims against fiduciaries (a person or business that stands in a position of trust) for acts of misconduct. This may involve misappropriation of trusts, or other financial assets.
We stand ready to protect you, your parents, grandparents or other loved ones against improper conduct.