How Can an Elder Abuse Lawyer Help Protect Your Loved Ones

While Los Angeles County has the most concentrated population of long-term care facilities in California, thousands of elderly residents are abused and neglected in these facilities each year. The Los Angeles County Department of Aging and Disabilities referred more than 59,000 reports of abuse of older and dependent adults in 2023, a large increase from previous years. Financial exploitation costs seniors nationally an estimated $28.3 billion annually, and 72% of those losses are caused by someone the victim knows personally, according to experts. Perhaps most frightening, for every case of physical elder abuse reported to authorities, an estimated 24 cases go unreported due to fear, cognitive decline, or isolation.

If you believe someone you love is being mistreated, reaching out to a Los Angeles elder abuse lawyer can be an important first step to ensuring their safety and getting justice. These attorneys are experienced in starting civil investigations, blocking assets, and holding negligent care facilities or predatory people financially responsible under California law.

Nursing Home Neglect: How to Address It

Corporate nursing homes routinely cut staffing to increase profits, resulting in dangerous lapses in resident care. A Centers for Medicare and Medicaid Services analysis found that 91% of nursing homes nationwide have been cited for health and safety violations. In Los Angeles, signs of neglect include bedsores so severe they’re infected, rapid unexplained weight loss, untreated infections and broken bones from falls not monitored by staff.

An elder abuse attorney will immediately start building a case:

• Subpoena internal nursing logs, staffing ratios, and medical charts to find patterns of understaffing
• Get an independent medical review to document the extent and severity of harm
• Claims under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which provides for large financial damages and requires the facility to pay attorney fees if recklessness, malice, or fraud is proven by clear and convincing evidence

Financial Exploitation: Combating

In Los Angeles County, financial abuse is the fastest-growing form of elder abuse. Data shows that 72% of financial losses are caused by trusted individuals, including caregivers, neighbors, or family members. When undue influence is used to alter a senior’s will, trust or property deed, an attorney can:

• File urgent petitions in Los Angeles County Probate Court to freeze compromised bank accounts
• Seek to reverse fraudulent property transfers and deed changes
• Sue the perpetrator for three times the statutory damages under California law

Federal efforts to prevent abuse complement state efforts to combat these crimes, but civil legal action is the most direct way to recover stolen assets and hold individual abusers accountable.

Revealing Chemical Restraints

In unstaffed memory care facilities, unprescribed medications are sometimes administered to keep residents silent and compliant, with no regard to standard care protocols. Patients are administered powerful antipsychotic or sedative drugs without proper medical reasons and are left sluggish and unresponsive for long periods.

Elder abuse attorneys retain independent medical experts and toxicologists to review prescription records and medication logs. The use of unauthorized chemical restraints at the facility is a serious violation of California health and safety codes and opens the door for the legal team to seek substantial punitive damages and to have the facility’s license revoked.

Civil Action Pending Criminal Charges Civil Action

Law enforcement handles criminal prosecution under California Penal Code 368, but criminal restitution rarely covers the true lifetime costs of medical rehabilitation, relocation, and ongoing suffering. Civil elder abuse attorneys sue facility ownership entities in private lawsuits, compelling their commercial liability insurance carriers to fund:

• Complete private medical care and specialized facility transfer
• Psychological treatment for trauma, anxiety, and depression
• Full financial restitution to exploitation victims, including lost retirement savings

Elder abuse is a “wobbler” offense in California. Misdemeanor convictions carry a sentence of up to one year in county jail. Felony convictions carry a sentence of up to four years in state prison and up to an additional three to seven years if the abuse caused great bodily injury or death. Civil suits are separate and can award damages well over what criminal proceedings can offer.

Conclusion

An elder abuse attorney protects vulnerable seniors by securing emergency protective orders, filing lawsuits against negligent facilities for large damages, and legally forcing the return of stolen assets. Underreporting is still rampant in Los Angeles County, and corporate care providers often prioritize profits over patient safety. Professional legal intervention is often the only way to ensure accountability and protection for your loved ones.