For the vast majority of the population, our nation’s elderly are to be revered, honored and respected. Many times, families are forced to make the difficult decision between staying home to care for ailing parents or placing mom and dad in an assisted living facility. When the right facility is chosen, elderly patients enjoy a dignified quality of life. However, it is not uncommon in today’s culture for facilities to become overcrowded and understaffed, resulting in inevitable neglect. Every so often, stories blot the headlines that detail horrific physical, verbal, emotional, and financial abuse perpetrated against one of the most vulnerable populations. If your loved one has endured abuse at the hands of another, you may have a cause of action against the individual worker or overall facility responsible for his or her harm. We encourage you to take the courageous step of calling our offices today.
Details of an Elder Abuse Action
Many families cannot fathom the idea of going through a civil lawsuit in the wake of enduring elder abuse against a loved one. It is normal to feel anger, sadness and a strong desire to make the problem go away. However, if you have discovered abuse against your loved one, imagine how many others may be at risk. By bringing the case to light, you could potentially save dozens of other residents from similar harm.
When you commence your cause of action, you must first decide whether to sue the nursing home facility or its individual worker. You may be able to recover from the facility under a number of legal theories including vicarious liability or negligent hiring. The former cause of action is a legal doctrine imparting liability upon an employer for the negligence of the employee. In other words, if an employee harms another person during the course of performing her job, the boss could be liable. Negligent hiring is a cause of action which holds an employer liable for failing to properly check the background and qualifications of the employees it hires. If it is revealed your loved ones’ attacker has a history of violence, the facility may face liability for hiring this person.
You may also sue the perpetrator individually, and he or she will likely face criminal charges as well. This cause of action will likely be for the intentional tort of assault and battery. You may also sue for the recovery of any money stolen and for special damages relating to pain, suffering and mental anguish. Additonally, if your loved one was killed as a result of nursing home neglect or abuse, surviving loved ones may be able to commence a cause of action under wrongful death laws.
Contact a Committed and Passionate Elder Abuse Attorney Today
Elder abuse is an unspeakable crime and civil wrong that must be addressed. If you have been victimized or know someone who has, do not hesitate to contact Nelson C. Barry immediately. You can call us at (415) 587-0550 today.
Please also contact the Human Services Agency of San Francisco as soon as you suspect abuse: (800) 814-0009 (24 hours)