Adult Day Care Abuse Attorney
Compassionate Elder Abuse Lawyer for Patients in Nursing Homes & Assisted Living Facilities in Long Beach, Tustin, Huntington Beach, Irvine, Santa Ana & Nearby Areas in Southern California.
Adult day care centers and adult day health care centers provide a valuable service to adults in need of assistance. They are particularly helpful for families that provide care for elderly relatives at night and on weekends, but have a job to go to on weekdays. These facilities help the elderly by feeding them, administering medication, looking out for their safety, and keeping them occupied. They also give families peace of mind, knowing that their vulnerable loved ones are being cared for while they are at work.
Unfortunately, not all adult day cares treat people the way they are supposed to. If you suspect your elderly loved one is being abused or neglected at an adult day care center, you have an obligation to remove him or her from the facility and file a complaint. You may also want to speak to an experienced elder abuse attorney about taking civil action. Since 2002, Travis Siegel of Siegel Law has been fighting for the rights of senior citizens and their families. Call for a free case evaluation at 562-645-4145. Siegel Law serves clients from Tustin, Irvine, Santa Ana, Huntington Beach, Long Beach and all nearby areas in Southern California.
What Are Adult Day Care Centers?
Adult day care centers are facilities that provide care and supervision for elderly people, but only during certain parts of the day. Such centers are not appropriate for people in need of full-time care, or without family members who can spend at least some time taking care of them.
Many of these centers have a social focus to ensure that attendees continue to have full and enriched lives around other people. Social isolation is a major issue for the elderly, so these centers give them a chance to visit with others of the same generation, as well as younger staff members. These centers often include arts and crafts projects, supervised outings, and live entertainment. Some fitness programs may also be offered, though they are usually pretty minor (like yoga or swimming) rather than physical therapy.
What Are Adult Day Health Care Centers?
Adult Day Health Care (ADHC) centers are like standard adult day cares, except that they offer medical attention for attendees who need greater care and treatment. These facilities include registered nurses and therapists on staff.
Elderly loved ones who need regular physical therapy or medical treatment, in addition to exercise and socialization, are prime candidates for ADHC centers. Such centers may be more expensive, since they keep licensed medical staff on hand, but they include more healthcare services than standard adult day care centers. Doctors may also spend one or more days each week at these centers to provide additional care and checkups as needed.
There are also Alzheimer’s care centers that provide targeted and specific treatment for those with serious dementia and Alzheimer’s. These very specialized centers have staff members who are trained specifically to provide care and activities for people suffering from Alzheimer’s.
Common Types of Adult Day Care Abuse and Neglect
Elder abuse and neglect can come in many forms, including:
- Physical abuse: Hitting, pushing, pinching, etc. Be on the lookout for cuts and bruises that can’t be explained. Physical abuse can also be denying the patient water or food, or not keeping her warm enough.
- Medication abuse: Giving the wrong medication or wrong dose, withholding medication, or overmedicating. If your loved one seems overly tired or in a stupor, there may be a medication issue.
- Sexual abuse: Any kind of unwanted touching of the private areas or inappropriate language can be classified as sexual abuse.
- Verbal abuse: This can include yelling, taunting, threatening, belittling, mocking, or any form verbal communication that doesn’t respect the patient’s dignity.
- Financial abuse: This can include stealing from a patient, using the patient’s debit or credit card, forcing or tricking the patient to write a check, etc.
- Lack of supervision: This can be NOT noticing that a patient is having a stroke or choking on food, allowing him to wander away from the facility, allowing another patient to harm him, or allowing him to hurt himself.
Adult Day Care Abuse vs. Nursing Home Abuse
Any form of abuse is wrong, and when it impacts our elderly family members who cannot defend or even speak up for themselves, it is especially vile.
Nursing homes have elderly residents around at all times. Adult day cares only watch people temporarily. This means there is more opportunity for abuse at a nursing home. The residents may also be easier targets, since they usually have greater physical and mental restrictions, which is why they needed nursing home care to begin with.
On the other hand, employees at an adult day care might undergo less scrutiny and fewer background checks than those at a nursing home. Many nursing home employees have degrees and certification to be working in their field. There are also more regulations in place for nursing homes than adult day cares, though ADHC centers have to uphold many of the same regulations as nursing homes, since they provide healthcare.
Compensation for Elder Abuse and Neglect
Victims of elder neglect or abuse are entitled to compensation for the same damages as a personal injury victim, including pain and suffering, medical expenses, future medical costs, and punitive damages. In addition, the spouse of the elder abuse victim may have a claim for loss of consortium.
But an adult day care facility isn’t just going to hand you a check. Their insurance company is going to try to minimize their liability for any injuries and offer a settlement that is less than substantial. To get the settlement your loved one deserves, you’ll need a knowledgeable attorney fighting for you. Long Beach attorney Travis Siegel of Siegel Law is passionate about defending the rights of the elderly. Call his offices for a free consultation at 562-645-4145.