Representing victims in Santa Barbara, Ventura and San Luis Obispo counties

Choosing to enter or place a loved one in a nursing home or other long-term care facility is a difficult decision, but it is further complicated by the overwhelming number of cases of nursing home abuse and neglect. Although the National Center on Elder Abuse and the Administration on Aging say that it is impossible to determine the precise number of abused seniors, one study interviewing 2,000 nursing home residents reported that 44 percent claimed they were abused, while 95 percent claimed they had suffered neglect or seen another resident neglected. However, a 2008 study indicates that these surveys greatly underestimate abuse and neglect in licensed nursing homes and other facilities.

At the law firm of McCarthy & Kroes, we work hard to protect victims of all types of abuse. Through skilled legal representation and an unwavering dedication to justice, we help victims of nursing home abuse and neglect and their families hold nursing home facilities, and the individual abusers, liable for the harm they cause.

Nursing home abuse and neglect in California

California’s Elder Abuse and Dependent Adult Civil Protection Act imposes criminal sanctions and civil liabilities against both individual abusers and nursing homes or other facilities who abuse or neglect their patients and residents. Under this law, abuse is broadly defined:

  • Physical abuse
  • Neglect
  • Sexual abuse
  • Financial abuse
  • Emotional abuse
  • Abandonment or isolation
  • Deprivation of necessary goods, services or treatment
  • Any conduct resulting in physical harm, pain or mental suffering

Nursing homes may also be guilty of elder financial abuse, such as:

  • The unauthorized use of checks, credit cards or accounts
  • Identity theft
  • Forging the elder’s signature or any other misuse of property or funds

In addition, nursing homes may be guilty of healthcare fraud and abuse, which may include:

  • Charging for treatment or care that is not provided
  • Overcharging or double-billing
  • Receiving kickbacks
  • Over- or under-medicating
  • Recommending fraudulent remedies
  • Medi-Cal fraud

How we can help

The state’s attorney general investigates and prosecutes violent crimes committed by nursing home employees and enforces violations against nursing homes. In addition to criminal penalties, victims of nursing home abuse have a legal right to sue the individual perpetrators and the facilities that allowed the abuse to occur.

Through years of experience providing strong, dependable representation to victims of abuse, our attorneys help you or your elderly loved one obtain a wide range of relief through civil litigation, including economic damages, such as medical expenses, and noneconomic damages, such as pain and suffering. We may also be able to help you obtain punitive damages and attorney fees in cases where the abuse or neglect was reckless, oppressive, fraudulent or malicious as defined by the law.

Helping you recognize and remedy nursing home abuse or neglect

At McCarthy & Kroes, our lawyers are committed to fighting to end elder abuse and neglect by helping others recognize signs of possible abuse and reporting that abuse. If you suspect that you or your elderly loved one is the victim of nursing home abuse or neglect, contact us online or call 805.564.2085 today.