In California, the family of an elder who has passed away due to nursing home neglect or abuse has the right to file a lawsuit against the perpetrators seeking damages for the pain and suffering the elder was subjected to, and the wrongful death caused by the neglect. To prove that an elder died in a California nursing home due to neglect, experienced California elder abuse attorneys will help you complete a thorough investigation to determine whether the evidence supports the necessary elements to prove the defendant failures caused the death. The following include some of the criteria that will be analyzed: 1.Supplying the necessaries of nutrition, hydration, hygiene or medical care for an elder or dependent adult; 2.Being aware of conditions that made the elder unable to supply him/herself with those necessities; 3.Denying or withholding the goods and services required to supply those necessities; and 4.Either knowing or being substantially certain the deprivation would cause injury or with a conscious disregard of the probability that the deprivation would cause injury. Lastly, the plaintiff has to prove as a result of the failures/deprivation, the elder or dependent adult suffered either physical pain or mental anguish. Under the Elder Abuse Act, if a California plaintiff can prove the abuse/neglect was done with "recklessness, oppression, fraud, or malice," the plaintiff may be entitled to additional remedies. However, the plaintiff has to meet its burden of proof by "clear and convincing evidence" which is the highest standard of proof in the civil context. At Walton Law, we limit our practice to elder abuse and personal injury, which means we are well versed in obtaining the evidence needed to prove elder abuse ultimately resulted in the death of an elder in a California nursing home. If you believe that an elder you know has been a victim of elder abuse, or has died as the result of neglect or abuse in a nursing home, contact an experienced nursing home abuse and neglect attorney. Christopher C. Walton is a peer-recognized, California elder abuse attorney whose practice is dedicated to issues involving elder abuse & neglect. If you believe somebody you know has been a victim of elder abuse, please call (866) 338-7079 for a free and confidential consultation.
Proving Elder Abuse in Southern California when a Loved One has Passed Away