Nursing Home Injury Lawyer in Sacramento
The Elder and Dependent Adult Civil Protection Act (“Elder Abuse Act”) was enacted to give advanced protection to our growing segment of the population. Elder abuse is a complex area of law that requires legal knowledge and expertise so if you’re a victim of any type of elder abuse, contact an experienced nursing home injury lawyer in Sacramento for help.
What Is Elder Isolation?
There are many different categories recognized as elder abuse. Isolation is one of them and it can include any of the following:
- Acts intentionally committed for the purpose of preventing an elder or dependent adult from receiving his or her mail or telephone calls
- Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not with to meet with the visitor where the statement is false.
- Physical restraint of an elder or dependent adult for the purpose of preventing the elder or dependent adult from meeting with visitors.
The law was created for significant penalties for those who exploit or abuse the elderly because elderly and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent and therefore are less able to protect themselves.
If a victim can prove the abuse or neglect was done with recklessness or malice, the plaintiff can be entitled to compensation. The best thing to do is to contact an attorney who can guide you through the legal process. The most important thing for the case is to meet the burden of proof by “clear and convincing evidence”. At minimum, the plaintiff must establish that the defendant:
- Was responsible for supplying the necessaries of nutrition, hydration, hygiene or medical care
- Was aware of conditions that made the elder unable to supply him/herself with those necessities
- Denied or withheld the goods and services required to supply those necessities, either knowing or being substantially certain that the deprivation would cause injury or with a conscious disregard of the probability that the deprivation would cause injury
A victim of elder abuse must show that they suffered physical pain or mental anguish. California law protects elderly and dependent adults and it’s important you contact a nursing home injury lawyer in Sacramento who can represent you and fight for the compensation you deserve.
Speak with Our Nursing Home Injury Attorney in Sacramento About Elder Abuse
Contact our offices in Folsom or Sacramento to discuss your injuries with a lawyer. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 915-0446 or send us an email to schedule an appointment.
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