FAQs

How do I know if my loved one has been the victim of nursing home neglect or abuse?

If your loved one develops bed sores, becomes dehydrated or malnourished, suffers a fall, appears to be living in unsanitary conditions, or otherwise experiences a significant decline in his or her overall level of functioning, he or she may be a victim of elder neglect or elder abuse. There are many other ways a nursing home resident can be neglected or abused as well. Ultimately, if you feel that something is not right with the care your loved one received at a nursing home, you should contact someone who has expertise in assessing whether there has been elder neglect or elder abuse. At The Law Office, we specialize in handling cases of nursing elder neglect and elder abuse. Before we bring a case to Court, we have renowned experts review the medical records to determine not only whether elder neglect or abuse occurred but whether we can sustain a case in Court.

Why does bringing a civil law suit make sense if I believe my loved one has been the victim of nursing home neglect or abuse?

Nearly all potential clients who come to The Law Office want the same thing. They want the nursing home that neglected or abused their loved one to be held accountable. Unfortunately, public resources are so stretched that criminal prosecution of nursing homes very rarely occurs, even in the most egregious cases. The Department of Public Health will investigate complaints, but it generally imposes fines that are financially insignificant to the large corporate entities that own and operate most nursing homes in California.

In civil litigation, the civil attorney generally will spend far more time and money in pursuing your particular case than in the criminal or regulatory environment. Ordinarily, numerous depositions are taken, documents secured and, because of the financial stakes involved, corporate personnel become thoroughly aware of the wrongdoing alleged. For corporate minded actors, the best way to catch their attention is with a significant financial recovery.

Mindful of the above, in 1991 the California Legislature amended the Elder and Dependent Adult Civil Protection Act to provide certain “enhanced remedies” for victims of elder abuse. The Legislature declared that “infirm elderly persons and dependent adults are a disadvantaged class, that cases of abuse of these persons are seldom prosecuted as criminal matters, and few civil cases are brought in connection with this abuse due to problems of proof, court delays and the lack of incentives to prosecute these suits.” Cal. Welf. & Institut. Code § 15600(h). The Legislature stated its intent in adding enhanced remedies to “enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults.” Id. § 15600(j).

Thus, as the Legislature has recognized, most if not nearly all of the time, civil litigation is the only means of holding a skilled nursing operator accountable for elder neglect or abuse.

What does the process entail of finding out whether I have a case and how much will it cost me?

At The Law Office, we will listen to the summary of events that have led you to believe that your loved one may have been the victim of elder neglect or abuse. Depending upon the circumstances, we may agree to have an expert review the case. This process begins with you collecting the records pertaining to your loved one and forwarding them to us for review. After our expert has reviewed the case, we will provide you feedback as to whether we will take the case. The Law Office charges nothing for the expert review. If there is not a case, The Law Office does not seek reimbursement of the expert fees incurred.

How should I decide what attorney to hire to represent me in a nursing home elder abuse case?

Prosecuting a nursing home elder abuse case is a complex, time consuming, and expensive process. You definitely want someone who specializes in nursing home litigation. You can be virtually assured that the attorneys representing the nursing home will have experience and expertise in nursing home litigation. To counter that, you need someone with specific expertise in this area of law. Further, you want someone who has trial experience and sufficient staff and financial resources to handle your matter.

At the Law Office, the overwhelming majority of our matters involve nursing home abuse. We are highly specialized in this area of law. Further, Mr. Dudensing has extensive trial experience as both a criminal prosecutor and civil litigator. Mr. Dudensing has amassed ample resources to ensure the proper handling of your matter.

How can I help stop elder abuse?

Knowing the warning signs of abuse is a first step toward protecting elders. Some specific tips: Become a community “sentinel” - keep a watchful eye out for loved ones, friends, or neighbors who may be vulnerable. Speak up if you have concerns. That means even if you are not sure. You have a right to question. Be involved. Volunteer with older adults in your community. Support initiatives to increase and strengthen adult protective services in your state.

If you have a loved one in a nursing home, it is critical that you involve yourself in the life and care of the elder. Do not assume that your loved one will receive good care because he or she is in a 24 hour facility. Do not blindly trust nursing home employees because they are supposed to be the professionals. Being actively involved in the care being provided to your loved one is the best gift you can provide.