Elder Neglect

Personal Injury Attorneys Focused on Helping Victims of Negligence and Abuse

Under California law, elderly persons and dependent adults have the right to take legal action against the parties who are responsible for caring for them when they become victims of neglect. Elder neglect is a serious issue which endangers the lives of elders and dependent adults across California. At Johnson Moore, we are committed to seeking justice on behalf of victims of elder neglect. Founding partners Gregory Johnson and Jody Moore have been passionate advocates in the fight against elder abuse and neglect for years, and look forward to helping you and your family seek the recovery you deserve in your elder neglect case.

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caanhrWhat is Elder Neglect in California?

California’s Elder Abuse and Dependent Adult Civil Protection Act prohibits, among other things, elder neglect by the parties whose responsibility it is to take care of an elderly person (age 65 or older) or dependent adult. Neglect is defined under California law as: “The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.”

California law includes the following four examples of elder neglect, although there may be many other situations that would qualify as elder neglect under the law:

  • Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
  • Failure to provide medical care for physical and mental health needs
  • Failure to protect from health and safety hazards
  • Failure to prevent malnutrition or dehydration

Elder neglect often occurs in nursing homes or assisted living facilities but can occur in other contexts as well. When it does occur, both the individual responsible for the elder neglect and that person’s employer may be liable. If you suspect elder neglect is occurring, contact one of our attorneys today for a no-pressure consultation to explore whether you or a family member may have an elder neglect claim under California law.

Contact Johnson Moore Today 

At Johnson Moore, we are here to help victims of elder neglect and their families understand their legal options and lead them to the just outcomes they deserve. Our attorneys are compassionate and determined defenders of the elderly, and we will take the time to fully understand your concerns and assess what steps we can take on your behalf. Even if you are unsure of whether you have a valid claim, we look forward to hearing from you to help you explore your options for obtaining the justice you deserve. Contact Johnson Moore today to schedule a free consultation.

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Elder Neglect Resources

Who does the Elder Abuse Act protect?

wpc11811d0_05Who is protected and what constitutes elder or dependent adult abuse is specifically defined by the statute. An “elder” is anyone over age 65. A “dependent adult” is any person between the age of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.

Informed Consent Requirements

It is the responsibility of the attending licensed healthcare practitioner acting within the scope of his or her professional licensure to determine what information a reasonable person in the patient’s condition and circumstances would consider material to a decision to accept or refuse a proposed treatment or procedure. For more information click here.

Elder Abuse Resource Organizations

There are many organizations that offer resources, assistance and information for victims of elder abuse we have collected many of our favorites to share with you. To view a list of these organizations click here.

Psychotherapeutic Drugs At Issue

Generic Name Brand Name Current Uses
alprazolam Xanax anxiety, panic
amitriptyline Elavil, Endep depression (tricyclic)
amoxapine Asendin psychotic depression
amphetamine Adderall ADD
aripiprazole Abilify schizophrenia (atypical)
buproprion Wellbutrin depression, ADD
buspirone BuSpar anxiety
carbamazepine Tegretol bipolar disorder
chloriazepoxide Librium anxiety
chlorpromazine Thorazine schizophrenia (typical)
citalopram hydrobromide Celexa depression (SSRI)
clomipramine Anafranil OCD, depression (tricyclic)
clonazepam Klonopin anxiety
clorazepate Tranxene anxiety
clozapine Clozaril schizophrenia (atypical)
desipramine Norpramin depression (tricyclic), ADD
dextroamphetamine Adderall, Dexedrine ADD
diazepam Valium anxiety
divalproex sodium Depakote bipolar disorder
doxepin Adapin, Sinequan depression (tricyclic)
escitalopram Lexapro depression (SSRI), anxiety
fluoxetine Prozac depression (SSRI), OCD, panic
fluphenazine Prolixin, Prolixin Decanoate schizophrenia (typical)
fluvoxamine Luvox OCD, depression (SSRI)
haloperidol Haldol, Haldol Decanoate schizophrenia (typical)
imipramine Tofranil depression (tricyclic), panic
lithium carbonate Eskalith, Lithobid bipolar disorder
lithium citrate Cibalith S bipolar disorder
lorazepam Ativan anxiety
loxapine Loxitane schiophrenia (typical)
maprotiline Ludiomil depression (tricyclic)
mesoridazine Serentil schiophrenia (typical)
methylphenidate Ritalin ADD
mirtazapine Remeron depression
molindone Moban schiophrenia (typical)
nefazodone Serzone depression
nortriptyline Pamelor depression (tricyclic)
olanzapine Zyprexa schizophrenia (atypical)
oxazepam Serax anxiety
paroxetine Paxil depression (SSRI), OCD, panic
pemoline Cylert ADD
perphenazine Trilafon schizophrenia (typical)
phenelzine Nardil depression (MAOI)
prazepam Centrax anxiety
prochlorperazine Compazine schizophrenia (typical)
protriptyline Vivactil depression (tricyclic)
quetiapine Seroquel schizophrenia (atypical)
risperidone Risperdal schizophrenia (atypical)
sertraline Zoloft depression (SSRI), OCD, panic
thioridazine Mellaril schizophrenia (typical)
thiothixene Navane schizophrenia (typical)
tranylcypromine sulfate Prarnate depression (MAOI)
trazodone Desyrel depression (tricyclic)
trifluoperazine Stelazine, Vesprin schizophrenia (typical)
trimipramine Surmontil depression (tricyclic)
valproic acid Depakene bipolar disorder
venlafaxine Effexor depression
ziprasidone Geodon schizophrenia (atypical), bipolar

 

 

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From our offices in Ventura County, we help people throughout California. Due to our expertise, we have even helped many attorneys and clients in other states in extensive litigation, getting maximum monetary recovery for victims and their affected families. Please do not hesitate to make things better. To schedule a confidential consultation with a dedicated and experienced attorney, fill out the case evaluation banner or call 805-988-3661

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