Pasadena Elder abuse attorney in Los Angeles, California Attorney
Elder abuse is not always physical violence. It can be a caretaker at a nursing facility who ignores call buttons for hours. A family member who drains a retirement account. A group home that leaves residents in soiled bedding because they are understaffed. A hospital that discharges an 82-year-old patient too early because they need …
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Elder abuse is not always physical violence. It can be a caretaker at a nursing facility who ignores call buttons for hours. A family member who drains a retirement account. A group home that leaves residents in soiled bedding because they are understaffed. A hospital that discharges an 82-year-old patient too early because they need the bed. These are all forms of elder abuse under California law, and they all give rise to civil claims that can hold the responsible parties accountable.
Los Angeles County’s elderly population has been growing rapidly. With more than 1.4 million residents over 60 and a patchwork of nursing homes, assisted living facilities, and in-home care agencies of wildly varying quality, the conditions for abuse and neglect are everywhere. At McNally Law Offices, our Los Angeles elder abuse lawyers have spent over 30 years protecting the rights of seniors and their families. We pursue claims against abusive caregivers, negligent facilities, and the corporations that put profit ahead of patient safety.
Types of Elder Abuse Under California Law
California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Sections 15600-15675) defines several categories of abuse:
- Physical abuse — Hitting, pushing, restraining, or using excessive force against an elderly person. This includes improper use of physical or chemical restraints in nursing homes.
- Neglect — Failure to provide food, water, clothing, shelter, medical care, hygiene, or personal safety. Neglect is the most common form of elder abuse and often the hardest to detect because it happens gradually.
- Financial abuse — Theft, fraud, undue influence over financial decisions, forging signatures, misusing powers of attorney, and taking property or funds that belong to an elderly person.
- Emotional and psychological abuse — Verbal threats, intimidation, humiliation, isolation from family and friends, and manipulation that causes fear or mental suffering.
- Sexual abuse — Any non-consensual sexual contact with an elderly or dependent adult.
- Abandonment — Desertion of an elderly person by a caregiver who has assumed responsibility for their care.
Signs of Elder Abuse and Neglect
If you have a loved one in a care facility or receiving in-home care, watch for these warning signs:
- Unexplained bruises, welts, burns, or fractures
- Sudden weight loss, dehydration, or malnutrition
- Bedsores (pressure ulcers) — a clear sign of neglect in a care facility
- Poor hygiene — unwashed hair, soiled clothing, untrimmed nails, mouth infections
- Unexplained withdrawals from bank accounts or changes to financial documents
- Withdrawal from social activities, fearfulness, or sudden mood changes
- Medication errors — missed doses, wrong medications, or overmedication to keep residents sedated
- Frequent falls without adequate fall prevention measures
If you see any of these signs, document them immediately with photographs and written notes. Then contact an attorney and consider filing a report with Adult Protective Services in Los Angeles County.
Holding Nursing Homes and Care Facilities Accountable
Many elder abuse cases involve understaffed nursing homes and assisted living facilities. Corporate operators cut staffing to minimum levels to increase profits, then residents suffer the consequences: missed medications, unanswered call lights, falls without supervision, and bedsores that develop because no one turns immobile patients on a regular schedule.
Our firm investigates these systemic failures by:
- Obtaining staffing records that show the facility operated below safe patient-to-staff ratios
- Reviewing state inspection reports and citations from the California Department of Public Health
- Analyzing the resident’s medical chart for gaps in care, missed treatments, and falsified entries
- Interviewing current and former staff members about conditions inside the facility
- Consulting medical experts who can testify about the standard of care and how the facility fell short
Under California’s Elder Abuse Act, successful claims can result in enhanced remedies that are not available in ordinary negligence cases — including attorney fees and, in cases involving recklessness or conscious disregard for the elder’s safety, punitive damages.
Compensation in Elder Abuse Cases
Victims and their families can recover:
- Medical expenses for treating injuries caused by abuse or neglect
- Pain, suffering, and emotional distress experienced by the victim
- Costs of relocating to a safe care environment
- Financial losses from theft, fraud, or exploitation
- Attorney fees under the Elder Abuse Act
- Punitive damages when the abuse involved recklessness or intentional harm
- Wrongful death damages if the abuse or neglect resulted in the victim’s death
Frequently Asked Questions
Can I file an elder abuse claim if my loved one has dementia?
Yes. A person with dementia is considered a dependent adult under California law, which means they are entitled to enhanced protections under the Elder Abuse Act. Dementia does not reduce their legal rights — it actually strengthens the case that they were vulnerable and that caregivers had a heightened duty to protect them.
How do I report elder abuse in Los Angeles?
You can report suspected abuse to Los Angeles County Adult Protective Services at (877) 477-3646 or to the Long-Term Care Ombudsman Program. Filing a report does not prevent you from also filing a civil lawsuit. We recommend doing both — the report triggers an investigation, and the lawsuit seeks compensation.
What is the deadline for filing an elder abuse lawsuit in California?
The statute of limitations is generally two years from the date of injury. For financial abuse, it may be longer depending on when the abuse was discovered. If the victim has died, a wrongful death claim must be filed within two years of the date of death. Government claims against public facilities require a six-month filing deadline.
Contact Our Los Angeles Elder Abuse Attorneys
If your parent, grandparent, or loved one has been abused or neglected in a Los Angeles care facility or by an in-home caregiver, McNally Law Offices is here to help. We serve families throughout LA County from our Pasadena and Century City offices.
Call (626) 584-5744 for a free, confidential consultation. We fight to protect the people who cannot protect themselves.