Elder Abuse Wrongful Death Lawyer
Elder Abuse Wrongful Death Lawyer - Personal injury lawyers. No fee unless we win. Free consultation. Call (818) 514-7680.
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Frequently Asked Questions
- What constitutes elder abuse wrongful death in California?
- Under California's Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code 15600-15657.7), elder abuse wrongful death occurs when a person 65 or older dies due to physical abuse, neglect, financial abuse, isolation, or abandonment. This includes nursing home deaths from bedsores, falls, dehydration, malnutrition, medication errors, and inadequate medical care.
- What enhanced damages are available in California elder abuse wrongful death cases?
- California's Elder Abuse Act provides enhanced remedies beyond standard wrongful death damages, including attorney fees, pain and suffering of the decedent before death (survival damages), and punitive damages against the abuser. These enhanced damages are available when the defendant is guilty of "recklessness, oppression, fraud, or malice" in the neglect or abuse of the elder.
- What are common signs of nursing home neglect that leads to death?
- Warning signs include unexplained weight loss, dehydration, untreated bedsores (pressure ulcers) progressing to Stage 3-4, recurring infections, unexplained bruises or injuries, unsanitary living conditions, understaffing, frequent falls without preventive measures, medication errors, and emotional withdrawal or fear when staff is present.
- Can bedsores cause death in nursing home residents?
- Yes. Stage 3 and 4 pressure ulcers that penetrate to bone can cause fatal sepsis (bloodstream infection), osteomyelitis (bone infection), and systemic organ failure. Bedsores are almost always preventable with proper repositioning, nutrition, and skin care. Their presence is strong evidence of nursing home neglect.
- Who can file an elder abuse wrongful death lawsuit in California?
- Under the Elder Abuse Act combined with CCP 377.60, the personal representative of the estate and/or surviving family members (spouse, children, grandchildren) may file. The Elder Abuse Act specifically allows survival actions for the decedent's pre-death pain and suffering, which standard wrongful death claims may not fully cover.
- What is the statute of limitations for elder abuse wrongful death?
- The wrongful death claim must be filed within two years of death (CCP 335.1). Elder abuse claims under the Elder Abuse Act have a two-year statute of limitations from the date of the abuse or when it was discovered. Claims against government-run facilities require a government tort claim within six months.
- How do understaffing and high turnover contribute to nursing home deaths?
- California requires minimum staffing ratios of 3.5 nursing hours per patient per day. Understaffed facilities cannot provide adequate care, leading to missed medications, delayed emergency responses, unattended patients who fall, failure to reposition bedridden patients (causing bedsores), and inadequate monitoring of declining conditions.
- Can I sue both the nursing home and individual staff members?
- Yes. Claims can be brought against the nursing home corporation, management company, individual administrators, doctors, nurses, and certified nursing assistants whose negligence or abuse contributed to the death. Corporate defendants often carry more insurance, but individual liability ensures accountability.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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