Elder Abuse Lawyers and Attorneys in Chula Vista, San Diego and Scripps Ranch
In 1991, the California State Legislature passed the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) in response to the growing concern over the way elderly individuals were being cared for in long term care facilities, such as Skilled Nursing Facilities (SNFs or “Nursing Homes”), Residential Care Facilities for the Elderly (RCFEs or “Assisted Living Facilities”), and Long Term Acute Care Hospitals. Specifically, the California State Legislature recognized that with the population aging, mainly due to the aging of the “baby boomer generation,” more adult California residents than ever were residing in long term care facilities, and as a result, a larger portion of the population was now vulnerable to abuse and neglect by their caregivers. EADACPA serves as a tool to deter caregivers from committing elder abuse or neglect by affording victims a wide range of recoverable damages.
Not only does EADACPA prohibit the abuse and neglect of an elder or dependent adult, but it also allows victims to recover past and future medical expenses, attorney’s fees, and pain and suffering damages, including pre-death pain and suffering damages, which are not recoverable in any other type of personal injury or medical malpractice lawsuit. Furthermore, a person who suffers abuse or neglect under this act can also be awarded punitive damages as a way to punish the facility for its wrongdoing.
Proving a case of elder abuse or neglect under the provisions of EADACPA is extremely challenging for an average personal injury attorney. Therefore, it is critically important for victims and their family’s to retain an attorney with extensive knowledge regarding the laws under EADACPA, and an attorney with experience in litigating such cases. At The Law Offices of Bruce S. Meth, we work directly with top attorneys in this highly focused area of the law. The attorneys we work with work tirelessly to litigate these cases to a successful resolution to make sure that all responsible parties are held accountable for their wrongful conduct.Elder Abuse