Nursing Home Abuse Lawsuits in California

Losing your professional license can be devastating, especially when it comes down to nursing. It is very high demanding, yet rewarding profession. As a result, this requires years of blood sweat and tears to getting that career. However, the BRN, California Board of Registered Nursing has the authority to suspend or revoke a nurse's license for a number a reason. This includes professional misconduct, substance abuse, and criminal conviction. Facing a potential license action can be very overwhelming experience. At KAASS LAW, we understand the gravity of these matters and commit to providing compassion and real legal representation when applicable. When nurses are facing license suspension or revocation, we recognize that it's more than just a piece of paper. Our team has the skill and ability to provide legal council and guidance on what you need to do in these serious matters. The following will navigate on seriousness of this matter and how to overcome it.

Under What Circumstances Can a Nursing License be Suspended or Revoked in the State of California?

In California, the ability to suspend or revoke the license of a vocational nurse is delegated to the Board of Vocational Nursing and Psychiatric Technicians of the State of California. It consists of 11 members who make the ultimate decision on whether or not a registered nurse deserves punishment, and if they do, there are 3 main ways the board may do this.

• The board may place a license under probation, meaning that the nurse can still practice with the probationary license that typically comes with some type of added terms or conditions (EX: nurse must attend rehabilitation, psychological treatment, etc)
• The board may temporarily suspend a license for a period not exceeding one year.
• The board may permanently revoke a license.

California Business and Professions Code Section 2878

In order for a license to qualify for suspension or revocation, there are certain criteria that it must meet as outlined in California Business and Professions Code Section 2878. Having said that, the language used in the code is quite vague and gives the board a substantial amount of freedom when making their decision. Under the code, any “Unprofessional conduct, which includes, but is not limited to…” is grounds for the board to suspend or revoke a nursing license. In addition to the wide tent that this language creates, BPC Section 2878 also outlines specific actions that could lead to suspension or revocation. Some of these include:

1. Gross negligence, incompetence, or excessive force used on a patient
2. The use of advertising relating to nursing (violates section 17500)
3. Failure to maintain patient confidentiality
4. Fraudulently producing or signing documents
5. Impersonating a medical practitioner
6. Participating in the act of or administering a criminal abortion
7. Committing any crime relating to the duties of nursing
8. Any act involving dishonesty that is related to the duties of nursing
9. Any unlawful use or administration of controlled substances
10. Failure to report another licensee for committing an infraction

After a suspension period, the board will conduct a review of the nurses’ actions and reinstate the license if no infractions were committed. If a nurse chooses to practice with a suspended license, that is grounds for immediate and permanent revocation of said license.

Potential Disciplinary Sanctions

The BRN has a range of disciplinary options available, including:

• Reprimand: A formal reprimand from the BRN.
• Probation: Placing the nurse on probation, which may include conditions such as mandatory drug testing, counseling, or continuing education courses.
• License Suspension: Temporarily suspending the nurse's license for a specified period.
• License Revocation: Permanently revoking the nurse's license.

Protecting Your Nursing License: The Importance of Legal Counsel

Facing a potential license action can be a daunting experience. Navigating the complex legal and administrative processes involved requires careful planning, strategic decision-making, and the guidance of experienced legal counsel. An experienced attorney can:

• Conduct a thorough investigation: Gather evidence, interview witnesses, and build a strong defense.
• Represent you at the administrative hearing: Advocate for your rights and present your case effectively.
• Negotiate with the BRN: Attempt to negotiate a favorable settlement agreement, potentially reducing the severity of the disciplinary sanctions.
• Appeal the decision: If necessary, appeal the decision to the BRN or the courts.

At KAASS LAW, we understand the gravity of these matters and are committed to providing compassionate and effective legal representation to nurses facing license suspension or revocation. We recognize that your license is more than just a piece of paper; it represents years of hard work, dedication, and the ability to serve your community. Our team of skilled attorneys will fight tirelessly to protect your professional future and help you navigate this challenging situation. If you are facing a potential license action, contact us today for a confidential consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and your future. Alternatively, any wrongful death at a nursing home, we can also help.

Protecting Our Elders: A Guide to Reporting Elder Abuse in California

California has a robust legal framework in place to protect vulnerable adults, including seniors, from abuse, neglect, and exploitation of elder abuse. Elder abuse is a serious issue that affects thousands of Californians each year, and it often goes unreported due to fear, shame, or lack of awareness. At KAASS LAW, we are committed to protecting the rights and well-being of our elderly community members. The following will provide a comprehensive guide to understanding and reporting elder abuse in California, empowering you to take action and help safeguard those who may be unable to protect themselves.

What is Elder Abuse?

Elder abuse is defined as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or serious risk of harm to an older adult. California law defines an older adult as anyone aged 65 or older

The List of Persons Who Are Required to Report Elder Abuse

• Administrators
• Supervisors
• Any licensed staff of a facility that provides care or services for elder
• Any elder or dependent adult care
• Custodian
• Health practitioner
• Clergy member
• An employee of a county adult protective services agency or a local law enforcement agency
• Any person who has assumed responsibility for the care or custody of an elder
• Officers and employees of financial institutions

When Must a Person Make a Report About the Elder Abuse?

A person must make a report as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two working days.

Reporting Physical Abuse

In case of physical abuse, and it has occurred in a long-term care facility, a person must make a to both law enforcement and the ombudsmen.

Reporting Serious Bodily Injury

In case of serious bodily injury, the reporter must contact law enforcement within two hours and make a report to the ombudsmen within twenty-four hours.

Reporting Less Than Serious Bodily Injury

The mandatory reporter has twenty-four hours to contact the ombudsman and law enforcement in case of less than serious bodily injury.

Types of Elder Abuse

Elder abuse can take many forms, including:

• Physical abuse: Inflicting physical pain or injury, such as hitting, slapping, pushing, or restraining.
• Sexual abuse: Any non-consensual sexual contact, including rape, molestation, or sexual exploitation.
• Emotional abuse: Verbal or nonverbal acts that cause emotional pain, distress, or anguish, such as yelling, insults, threats, humiliation, or isolation.
• Neglect: Failure to provide basic necessities like food, water, shelter, clothing, medical care, or hygiene.
• Financial abuse: Misusing or stealing an elder's money or assets, including forging checks, using their credit cards, or coercing them into signing financial documents.
• Abandonment: Desertion of an elder by a caregiver or responsible party.
• Isolation: Preventing an elder from interacting with family, friends, or others.
• Self-neglect: An elder's inability to care for their own basic needs, such as hygiene, nutrition, or medical care, due to physical or mental limitations.

Legislative Protection to the Mandatory Reporter

Under California law, a mandatory reporter cannot be held civilly or criminally liable for a report of elder abuse made in good faith. Moreover, mandatory reporters do not have any legal duty to investigate the report of elder abuse. They are only obliged to make that report.

Legal Consequences of Failure to Report Elder Abuse

The mandatory reporter who fails to report physical abuse, financial abuse, abandonment, isolation, abduction, or neglect of an elder will face:

• Up to six months in a county jail
• A fine of $1,000

The mandatory reporter who physical abuse, financial abuse, abandonment, isolation, abduction, or neglect where that abuse caused great bodily injury or death of an elder will face:

• Up to one year in a county jail
• A fine of $5,000.

In case the officer or an employee of a financial institution fails to report financial abuse, he will face

• A fine of $1000 or
• A fine of $5000 in case the failure to report is intentional.

Signs of Elder Abuse

Recognizing the signs of elder abuse is crucial for intervention and prevention. Some common signs include:

• Physical signs: Unexplained injuries, bruises, cuts, burns, or fractures.
• Behavioral signs: Sudden changes in behavior, withdrawal, depression, anxiety, or fearfulness.
• Emotional signs: Agitation, confusion, or emotional distress.
• Financial signs: Unexplained withdrawals from bank accounts, missing property, or changes in financial documents.
• Neglect signs: Poor hygiene, malnutrition, dehydration, or untreated medical conditions.

Who is a Mandated Reporter?

California law designates certain professionals as "mandated reporters," requiring them to report suspected elder abuse. Mandated reporters include:

• Healthcare providers (doctors, nurses, social workers, etc.)
• Law enforcement officers
• Clergy members
• Financial institution employees
• Adult protective services workers
• Long-term care facility staff

How to Report Elder Abuse

If you suspect elder abuse, it's crucial to report it immediately. Here's how:

• If it's life-threatening, call 911.
• If the abuse is not life-threatening:
• • Contact Adult Protective Services (APS): Each county in California has an APS agency that investigates reports of elder abuse and provides support services. 
  • Contact law enforcement: You can also report elder abuse to your local police department or sheriff's office.

What Happens After a Report is Made?

Once a report is made, APS or law enforcement will investigate the situation. This may involve interviewing the elder, the alleged abuser, and other witnesses. If the investigation finds evidence of abuse, APS or law enforcement will take steps to protect the elder and may pursue legal action against the abuser.

Protecting Yourself from Liability

California law protects individuals who report elder abuse in good faith from civil or criminal liability. This means that you cannot be sued or prosecuted for reporting suspected abuse, even if the investigation does not find evidence of abuse.

KAASS LAW: Your Partner in Protecting Elders

At KAASS LAW, we are dedicated to protecting the rights and well-being of older adults. If you suspect elder abuse, we can help you understand your reporting obligations, navigate the legal process, and advocate for the protection of the elder. We can also provide legal representation to elders who have been victims of abuse, neglect, or exploitation. Elder abuse is a serious issue, but it often goes unreported. Your report could make a significant difference in the life of a vulnerable elder. Contact KAASS LAW today for consultation. We're here to help you protect our elders. Additionally, if your family suffered from elderly wrongful death by a caregiver, we can help represent and help your loved ones.

California has a growing senior population, and unfortunately, with that comes an increase in financial elder abuse and fraud targeting vulnerable older adults. At KAASS LAW, we are dedicated to protecting the rights and well-being of seniors. The following will explore the issue of financial elder abuse and fraud in California, providing information on how to recognize, prevent, and address this growing problem.

What Is Financial Elder Abuse or Senior Fraud in California?

Financial elder abuse or senior fraud can take different forms and can be committed by caregivers, family members, strangers, or any other people known to the elder. Financial abuse may have the same impact as physical abuse.

Elements of Elder Financial Abuse

According to CACI 3100, in case the plaintiff claims that the defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him, he must prove the following elements to establish this claim:

• Defendant took, hid, appropriated, obtained, or retained the plaintiff's property; or
• assisted in taking, hiding, appropriating, obtaining, or retaining the plaintiff's property;
• The plaintiff was sixty-five years of age or older at the time of the conduct;
• Defendant took, hid, appropriated, obtained, or retained/assisted in taking, hiding, appropriating, obtaining, or retaining the property for wrongful use or with the intent to defraud or by undue influence;
• The plaintiff was harmed, and
• The defendant's conduct was a substantial factor in harming the plaintiff.

The plaintiff can establish the defendant's illegal conduct by proving that he knew or should have reasonably known that his actions were likely to be harmful to the plaintiff. Such as, the defendant took, hid, appropriated, obtained, or retained the property in case the plaintiff was deprived of the property by an agreement, will, gift, or trust, regardless of whether the property was held by the plaintiff or by his representative. A representative is an individual or an entity, or that is either:

• A trustee;
• A conservator;
• Another representative of the estate of an elder or
• An attorney-in-fact is an elder who acts within the authority of the power of attorney

A false misrepresentation lawyer can take a look into your situation for you if you feel as though you need legal assistance.

What is Undue Influence?

According to California Civil Code Section 1575, undue influence is a misuse of a person's power and role to exploit the dependency, trust, or fear of another person in order to misleadingly gain control over that person's decision-making and obtaining an unfair advantage over him/her.

Examples of Elder’s Financial Abuse

Recognizing the signs of financial elder abuse is crucial for intervention and protection. Some red flags include:

• Unexplained changes in bank accounts or financial documents: Sudden withdrawals, unusual transactions, or changes in beneficiaries.
• Missing personal belongings or property: Disappearance of valuables, jewelry, or important documents.
• Unpaid bills or overdue notices: Neglect of financial obligations or signs of financial distress.
• Changes in living conditions or lifestyle: A decline in living standards despite adequate financial resources.
• Suspicious signatures or changes in legal documents: Signatures that don't match the elder's usual handwriting or unexplained changes in wills or trusts.
• Isolation from family and friends: A caregiver or new acquaintance isolating the elder from their support network.
• Reluctance to discuss financial matters: The elder becoming evasive or secretive about their finances.

Preventing Financial Elder Abuse

There are several steps you can take to protect yourself or your loved ones from financial elder abuse:

• Stay informed: Educate yourself about common scams and fraud schemes targeting seniors.
• Protect personal information: Be cautious about sharing personal or financial information over the phone or online.
• Monitor finances regularly: Review bank statements, credit card statements, and other financial documents for any suspicious activity.
• Seek trusted advice: Consult with a trusted financial advisor or attorney before making significant financial decisions.
• Maintain social connections: Stay connected with family and friends to reduce isolation and vulnerability.
• Consider a durable power of attorney: Appoint a trusted person to manage your finances if you become unable to do so yourself.

Statute of Limitations for Elder Financial Abuse

According to California Welfare and Institutions Code Section 15657.7 for financial elder abuse claims, the statute of limitations is four years. The statute of limitation beings to run from the time the plaintiff discovers the facts, constituting financial abuse, or when the abuse should have been discovered with reasonable diligence.

Remedies for Elder Financial Abuse

Civil remedies for elder financial abuse include:

• Compensatory damages;
• Punitive damages for fraud, breach of fiduciary duty;
• Restitution;
• Reasonable attorney fees and costs; and/or
• Equitable remedies

Glendale Elder Financial Abuse Attorney

At KAASS LAW, we commit to protecting the rights and well-being of seniors. If you or a loved one has been a victim of financial elder abuse or fraud, contact us today. We can help you understand your legal options and fight for the justice you deserve.

If you believe that you or someone you know have been a victim of elder financial abuse, we invite you to contact our Glendale elder financial abuse attorneys at (310) 943-1171, for a free consultation.