ELDER ABUSE

NEGLECT

Neglect against elders occurs when the caretaker or guardian of an elder fails to provide a reasonable level of care. Factors such as physical incapacity due to poor health and dependence on their caretaker make elders particularly vulnerable to neglect.

Examples of neglect include:

• Failure to provide medical care for an elder suffering from physical or mental health problems.

• Depriving an elder of sufficient food or water, leading to malnutrition or dehydration.

• Failure to assist an elder in maintaining adequate personal hygiene.

• Failure to protect an elder from health or safety hazards.

• Failure to assist an elder with transportation to necessary services.

• Failure to maintain a sufficiently well-heated and well-ventilated living space for an elder.

Nursing Home Neglect

Unfortunately, many cases of elder neglect occur in nursing homes. The United States General Accounted Office reported in 1998 that one third of California nursing homes were cited for serious care problems. In 2000, they reported that only 18 out of 288 nursing homes in the San Francisco Bay Area complied with federal standards of care. Examples of substandard care include forms of neglect such as dehydration, malnutrition and inadequate hygiene.

Although the Elder Abuse and Dependent Adult Civil Protection Act designates nursing home employees as “mandated reporters” meaning that they are legally required to report suspected elder abuse, many cases of neglect in nursing homes go unreported.

Girard Gibbs, a national litigation firm specializing in consumer class actions, securities and complex business litigation, has recovered more than a billion dollars on behalf of its clients. Girard Gibbs’s managing partner, Daniel Girard, was recently voted one of Northern California’s Super Lawyers by Law & Politics Magazine, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.

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Girard Gibbs LLP actively pursues claims on behalf of elders who have been victimized. If you believe that you or a friend or family member has been a victim of neglect, please fill out the feedback form below for a free consultation.

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