Elder Abuse Lawsuits in California
If a senior citizen is mistreated or neglected by a nursing home or even in a home care situation, this is a terrible abuse of power on the part of the caretakers. What usually occurs during an elder abuse lawsuit case in the state of California?
The fact in that unless the claim is frivolous or not backed up with much evidence, this type of suit is usually settled out of court. That is because such a case brings the wrong kind of attention to a facility or home care group, so no one really wants to go to trial.
On the other hand, going to court with such a case isn’t a bad thing. Most jury members are sympathetic toward the victims of this type of treatment. Therefore, a well-built case should be winnable. There needs to be proof that either the facility is understaffed or perhaps it lacks the ability to care for the basic needs of the sheer number of patients in the facility.
What Type of Evidence Makes a Good Case?
Be sure to have the senor’s medical records as well as maintaining a daily account of treatment. The state may very well do its own investigation into the facility if requested, and the results of such an investigation would be key. Finally, family members and others who visit the victim on a regular basis will be called upon to testify in regards to what they have seen go on at the facility.
If you believe that an elderly member of your family is being abused at a care facility, please contact us at the Petrov Law Firm for a consultation.