Elders Have Rights
The Ehline Law firm believes the antediluvian should be treated with respect and cared for. Our staff also believe every person should be treated with dignity. But this is not the case for some elderly residents. And when there is nursing home abuse or neglect there are elder abuse laws to protect their rights. Then they can hold responsible the negligent party. Abuse and negligence can occur in places like nursing homes, rehabilitation facilities, and hospitals. Sadly, these places are entrusted to care for the elderly.
So when an elderly member of the family or friend is a victim of abuse or negligent care the responsible party should be held responsible. Mostly, this gets done by hiring an elder abuse attorney. And just because a person is “over the hill,” does not mean they are no longer a human treasure.
Table of Contents:
- The elderly: This is any person that is age 65 or older. Plus they must be dependent on others for their care, and day to day living and activities.
- The developmentally disabled: This is a person with a developmental disability. So this makes them dependent on others for day to day living needs and activities. The people in this group are people with physical or mental disabilities. Usually, they become diminished due to age or injury.
- The dependent adult: This is a person with physical or mental limitations with restricted ability to perform normal activities of daily living alone. This person is between the ages of 18 and 64 and needs their rights protected.
Welfare & Institution Code §15610.57.
Neglect is one of the laws that protect the elder abuse victim. So in this code, it is clearly outlined that reasonable care must be provided. So it includes food, clothing, shelter, hygiene, medical treatment, malnutrition, dehydration, protection from health and safety hazards. These are normal parts of the daily care of the elderly resident. And when the services don’t get provided this is a violation of the law.
When a loved one or friend who has a lot of mileage is a victim of abuse or negligence, elder abuse laws can protect them. So those getting on, or long in the tooth can get legal protections. The Ehline Law firm has an exceptional knowledge of these statutes and codes. Most of all, they are designed to protect those wayfarers on their last leg in life. Speaking to Ehline Law, and holding the nursing home, rehabilitation facility or hospital responsible helps protect the elderly family member. But it also protects current and future elderly residents from experiencing abuse.
- The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
- The negligent failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise.
2. Neglect includes, but is not limited to, all the following:
- The failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
- A failure to provide medical care for physical, and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
- Defendant’s failure to protect from health and safety hazards.
- Failure to prevent malnutrition or dehydration.
- The failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.