Abandonment: A Crime Under California Law
Was your loved one abandoned?
Abuses against the elderly are terrible and sadly they come in many different forms. While elder abuse can encompass physical abuse, emotional abuse, and neglect among others, it also takes the form of abandonment.
At Newman Law Group LLP, our entire practice is devoted to protecting the elderly from unthinkable crimes. With 20 years of combined experience and over 50 trials taken to verdict, you can be absolutely confident in our ability to advocate on behalf of your loved one. Abandonment is a crime under California law and we stand ready to help you bring justice to the person or facility who placed your family member in harm's way.
Abandonment – a Dangerous Form of Elder Abuse
The National Center on Elder Abuse defines abandonment as the desertion of an elderly person by someone who has assumed responsibility for providing car for the senior, or by an individual who has physical custody of the elder.
Signs of abandonment include, but are not limited to:
- Deserting an elderly person at a hospital, nursing, or long-term facility
- Deserting an elderly person at a public location
- The elder's report that they were abandoned
Elder Abandonment Laws
Some states criminalize the act of abandoning an elderly person, and California is one of them. For example, under Penal Code §368(c), anyone who abandons an elder under circumstances or conditions other than those likely to produce great bodily harm or death are guilty of a misdemeanor.
Under Penal Code §368(b)(1)(2)(3), any individual who causes or permits the infliction of pain or mental suffering on an elderly or dependent adult under conditions or circumstances that are likely to cause great bodily injury or death:
- May be imprisoned in the county jail for one year, or
- In state prison for two to four years, or up to seven years if the victim suffered great bodily injury or death.
Seek help from an experienced elder abuse lawyer!
While abandonment does not involve direct physical abuse, it's physical and physiological effects can be equally severe. If your loved one was abandoned by a trusted caregiver, we urge you seek help from our Sacramento elder abuse attorneys.
In a free case evaluation, we will listen carefully to your situation and thoroughly explain your legal options. We have recovered millions of dollars in compensation for our clients and we would be honored to help bring justice to those who harmed your loved one.
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After a critical two months where our client was not bathed and multiple changes of condition went uncommunicated, unreported, and uncared for, she was ambulance out to an Emergency Room, where her doctors and family were shocked to find that she had a stage IV sacral decubitus ulcer.
Unbeknownst to prospective residents and their families, this defendant RCFE chain was willing to systematically violate laws and its own policies designed to protect vulnerable elders. Willing to admit scores of profitable, high need residents (such as our client), and leave them at the mercy of a few unqualified, untrained and overburdened caregivers.
Through exhaustive investigation, we found that our client’s death was not the result of a few isolated mistakes by care-givers. Rather, it was the result of this corporate facility’s policies prioritizing occupancy and revenue, while ignoring staff training, staff supervision, and the quality of care being delivered.
While eating dinner at a Skilled Nursing Facility, our client was confronted by another resident who punched him, resulting in our client’s tragic death. The other resident had resided at the facility for five months, and over the course of those five months had engaged in numerous altercations with other residents, including two altercations that occurred in the 24-hour period before he assaulted and killed our client.
During our client’s roughly ten-week stay at a skilled nursing facility, he would suffer 8 falls, lose twenty (20) pounds, and develop an unstageable left heel pressure ulcer and a stage II coccyx pressure ulcer due to the facility’s reckless neglect. He was transferred to the hospital, where he was found severely dehydrated, his left heel wound required debridement for eschar and gangrene, and for the first time, a stage II coccyx ulcer was identified.
Our 84-year-old client was the victim of financial elder abuse related to a number of transactions, including the purchase of a home. The Defendant's real estate agents, lender, and escrow company all failed to protect our client throughout the process of purchasing the home, which was orchestrated by a woman who fraudulently siphoned off our client’s entire life savings.
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