Elder Abuse

The 1987 Nursing Home Reform Act was created to protect the elderly from mistreatment, abuse, and neglect. This collection of laws defines standards of care for nursing homes and assisted living facilities. The Nursing Home Reform Act requires that each patient be provided with an individual care plan, nursing and social services, medical and pharmaceutical care, dietary/nutritional services, rehabilitative services, daily hygiene and assistance with all activities of daily living. The goal of this legislation is to insure that nursing home staff and owners will take extra care to provide a safe environment that will promotes health and well being of elderly residents. When the nursing home staff or managers do not uphold this standard, and their negligence or wrongful actions lead to injury or illness among residents, the nursing home is guilty of nursing home abuse.

Despite new legislation and the efforts of individuals to hold nursing homes to the requisite standard of care, elder abuse is still a tremendous problem. In California, the legislature acknowledged that our elderly are our most vulnerable adult citizens as many victims of elder abuse are unable to speak up and accuse their abusers. Elders are routinely the victims of financial, physical, emotional and sexual abuse. The emotional and physical toll on the victim and his or her family can be devastating.

McNulty Law Firm has a wide range of experience in Elder / Dependent Adult Abuse claims including decubitus ulcers (bed sores), physical and sexual abuse, unexplained injury or death, malnutrition, dehydration, elopement (wandering), overmedication, unsanitary conditions, unnecessary physical restraint, and environmental injuries (i.e. injury from fires).

If you believe you or a loved one has suffered Elder / Dependent Adult Abuse in a nursing home board and care facility, or an elderly residential care facility, please contact us for a free consultation.

Representative Verdicts and Settlements:

L. J. v. Roe Skilled Nursing: Sacramento, California.

$200,000 settlement for wrongful death of elderly female as a result of chronic abuse and neglect, that led to development of malnutrition, severe dehydration, infections, pressure sores and death.

C. D. v. Doe Hospital: Hawaii.

$325,000 settlement for wrongful death of elderly male as a result of chronic abuse and neglect, that led to development of malnutrition, severe dehydration, infections, pressure sores, gangrene requiring debridement and lower leg amputation, and death.

H. C. v. Doe Nursing Home: Compton, California.

$995,000 settlement for wrongful death of 87 year old female for the nursing home and doctor's collective failure to prevent the development of horrific bedsores, infections, that led to her untimely death. 

H. K. v. Roe Board and Care: Orange, California.

$500,000 settlement for wrongful death of elderly male due to the facility accepting admission without disclosing and covering up that it was not properly equipped and was understaffed to care for this patient’s needs, resulting in poor monitoring of the patient’s condition, including a broken hip and pneumonia that went undetected and untreated for weeks, causing tremendous pain and suffering, and untimely death.

R. W. v. Doe Hospital and Doe Medical Center: Modesto, California.

$250,000 settlement for wrongful death of elderly male as a result of chronic abuse and neglect, that led to development of severe dehydration, infections, pressure sores that led to his untimely death.

Estate of Esther P. v. Doe Hospital and Roe Nursing Center: San Bernardino, California.

$2 million settlement for death of elderly female as a result of chronic abuse and neglect that led to development of malnutrition, dehydration, infections, an above the knee amputation and death.

Estate of Bertha K. v. Doe Convalescent: Long Beach, California.

$2 million settlement for death of elderly female as a result of chronic abuse and neglect that led to development of malnutrition, dehydration, pressure sores and death.

Andy v. Roe Healthcare: Phoenix, Arizona.

$875,000 wrongful death of a twenty (20) year old dependent adult that was the victim of abuse and neglect that led to pressure sores, septicemia and death.

Estate of Herman J. v. Doe Board and Care: Anchorage, Alaska.

$700,000 settlement for death of married father of two (2) as a result of being fed the wrong diet which led to a diabetic coma and death.

Estate of Jean C. v. Doe Hospital: Los Angeles, California.

$750,000 settlement for death of elderly female as a result of chronic abuse and neglect that led to development of dehydration, renal failure, pressure sores and death.

In Re Mauricio V. v. Doe Board and Care: Oxnard, California.

$475,000 settlement for disabled dependent adult who was the victim of sexual abuse by another disabled dependent adult that was left unsupervised despite repeated warning signs that placed owners on notice.