Nursing Home & Elderly Abuse
Throughout the years, there have been numerous examples of horrendous treatment toward elderly patients in nursing facilities. As a result, the California legislature has added statutes to medical malpractice or negligence laws to provide added protection for the elderly. The family of patients who has passed away due to neglectful care in a nursing home can sue for the pain and suffering endured by the decedent before death. In all other wrongful death cases, the family cannot receive any damages for such pre-death pain and suffering. The maximum recovery limit for pain and suffering in a nursing home or elder abuse case is $250,000. Pain and suffering claim compensation is separate from a wrongful death claim, which also has a $250,000 maximum recovery. The legislature added these new possible recoveries as an incentive to nursing homes to increase the level of care. The legislature decided that one effective way of improving care is to allow plaintiffs to seek punitive damages where the evidence confirms neglect.
Types of elder abuse in nursing homes:
- Physical abuse
- Sexual abuse
- Emotional or psychological abuse
- Financial abuse
If one of your family members is being abused or neglected or has died because of abuse and neglect, it could be the result of medical malpractice or negligence. Contact an attorney today to have your case evaluated. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.